Website Terms of Use

1. APPLICATION OF TERMS

These terms apply to any person or entity (‘you/your’) accessing (‘our/the website’).

This website is owned and operated by Darriwill Highton Pty Ltd ABN 20 652 532 411 (‘we/our/us’).

By accessing and using our website you agree to be bound by these terms. We may amend these terms and conditions from time to time.

These terms are governed by the laws of Australia. Any disputes arising under these terms are to be resolved, at first instance, in Courts or Tribunal is located in Victoria.

2. COLLECTION AND USE OF PERSONAL INFORMATION

You may need to register to use our website. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect carefully and will take reasonable steps to keep the information secure. We may disclose your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, couriers and the like. We may, unless you elect otherwise, use the information to contact you marketing our services from time to time.

When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in these terms.

3. PRODUCTS AND SERVICES

We offer for sale all products listed on our website.
We reserve the right to amend the range and prices of our products at any time. Once an order is made and accepted by us, unless the time for delivery of the product is more than one month out, the cost/price of the product will not be changed by us.

All products are listed on the website, subject to availability. We will inform you as soon as possible if the product you have ordered is not available.

4. PAYMENT METHODS

We accept payment via the following payment methods:

(a) Paypal; and

(b) selected credit cards such as Mastercard, Visa and American Express;

Until full payment is received by us, all property in goods supplied remains with us. All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers. If payment is initially processed and later denied, or there is claim for refund or cessation of payment through the payment service by you, you acknowledge payment has not been received and all goods supplied must be returned in full in the condition in which they were delivered within two business days of payment being held up or denied.

5. DELIVERY

PHYSICAL DELIVERY

(a) Your order will be delivered in accordance with our usual dispatch and delivery method using local courier services, if in the Geelong and district area. In the Geelong and district area, risk in delivery is with us. For deliveries more than 30 km distant from Geelong, we may charge you for insurance covering risk in delivery. We will notify you of any such charges in the process of finalizing your order.

(b) Delivery charges listed on our website assume delivery timeframes from date of order of 1 – 3 business days in the State of Victoria and 3-5 business days for delivery into New South Wales or South Australia/a State or Territory other than Victoria. Rural and remote locations minimum of 5 days.

(c) If an urgent (same day or next day) delivery is requested in Geelong and district, there will likely be extra charges for delivery which will advise you of prior to despatching the hamper.

(d) Delivery times made known to you are estimates only and we are not liable in damages for late delivery.

6. REFUNDS AND RETURNS

We do not accept returns or provide refunds for change of mind.

Our products come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

If your product is faulty, does not contain all items ordered or is not substantially as described we will take all reasonable steps to either replace or refund the item which is faulty, missing or defective. To initiate a return or make a claim on goods ordered and not delivered, please contact us via our website promptly (within 3 business days) after delivery of the hamper and provide relevant photographic evidence relating to the claim. We may require you to cooperate with us in making any claim we may have against a courier responsible for damaged or non-delivered goods.

Unless returning the product is substantially burdensome, you are responsible for the shipping costs of all returned products. We accept no liability for lost deliveries. We recommend you send your product with tracking to ensure the package is delivered to us.

7. LIQUOR SALES

In ordering any liquor from our range of products, you undertake to us as follows:

(a) you are over the age of 18 and entitled to make the order under law;

(b) those consuming a product will be over the age of 18 or otherwise entitled to consume the product under law;

(c) you will not allow the on supply of liquor products to minors or others not allowed, by law, to consume such products;

(d) you and others consuming liquor products will not consuming them to excess and then endanger the lives of others, contrary to law.

8. DISCLAIMERS

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website, and make orders of hampers/goods contained with hampers, at your own risk.

We make no representation or warranty that the website is appropriate or available for use in all States and Territories of Australia. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, is undertaken with appropriate regard the security of online transactions and for your own compliance with applicable local laws. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

To the extent permitted by law, Field and Vine does not accept any liability for, and is not responsible for, any damage, loss or injury caused by the use or misuse of products supplied, consequences of their being consumed when out of date or treated/cooked or modified inappropriately.

Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on linked third party websites and have no control over or rights in linked third party websites.

9. SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.

10. GENERAL

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia, and in particular, Victoria, in relation to any dispute connected with these terms or the website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.