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Terms & Conditions

 
Innocent Bystander Pty Ltd


1.    Our organization is trading as Innocent Bystander Pty Ltd, ABN 34 055 188 906.

2.    No material from this site can be reproduced without the express permission of the manager of this site:

The manager of this site can be contacted as below:
Innocent Bystander 
Tel: +61 03 5999 9222
Email: mail@innocentbystander.com.au

3.    It is illegal for us to sell alcohol to persons under 18 years of age. By entering & confirming payment details in our shopping area, you are certifying that that you are 18 years of age or older.

4.    Vintages are subject to change but we will advise customer by email or telephone if this is the case before dispatch of stock. The customer has the option to confirm, cancel or modify their order at this time.

5.    Innocent Bystander accepts that on rare occasions wine can be “faulty”.  If a customer considers a wine to be ‘faulty’, we are happy to replace or credit the amount of the purchase, within reason.

6.    If a customer is unhappy with their wine purchase in any way, we are happy to provide a full refund or replacement providing that ¾ of the quantity of the original order is returned unopened and intact.  Customers can only request a refund within 14 days of purchase.

Delivery Policy

7.    We can deliver within Australia only.  Some addresses may be outside of our contractors’ delivery areas.

8.    Approximate delivery times (from email confirmation of order):

•    Melbourne 3-5 working days
•    Sydney 5-7 working days
•    Adelaide 5-7 working days
•    Regional South Australia 6-8 working days
•    Brisbane, Hobart, Perth 7-10 working days
•    Regional Australia 7-10 working days

9.    The goods will not be delivered to persons under the age of eighteen (18) years.  We may request that the person who receives the goods provide satisfactory evidence of proof of age. We will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.

10.    We are required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:

(a)    to the adult person who placed the order, or
(b)    to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or
(c)    if delivery takes place on a day following the placing of an order, in accordance with the customer's instructions but always to a person over the age of 18 years.

General

11.    The contract is made at our licensed premises, 316 Maroondah Highway. Healesville, Victoria, from where the goods will be dispatched under our liquor licence no.

12.    Anyone at the nominated delivery address who receives the goods is presumed to be authorised to receive the goods.

13.    While we will use all reasonable endeavours to deliver by any requested or agreed date, we do not guarantee delivery on that date and we are not liable for any loss resulting from late delivery.

Payment

14.    No obligation to sell the goods will arise until we accept your order, and receive payment.  Orders cannot be cancelled once accepted, unless by arrangement with us.

Risk and Title

15.    Risk and title in the goods passes to you upon delivery of the goods to the Delivery Address.

Price

16.    Our prices are subject to variation – the price payable for the goods is the price applicable on the date when we confirm your order.

17.    The quoted price does not include the delivery and handling fee (if applicable) in respect of each order.  The total amount payable is the price for each of the goods, together with the applicable delivery and handling fee. 

Website content

18.    Copyright in all materials appearing on this website is, except where noted to the contrary, the property of Innocent Bystander and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or for any purpose expressly permitted by us.

19.    We do not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.  We are not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of such remains with you.

20.    You also waive any and all claims that you may have against us otherwise arising out of or in relation to your use of this website.

21.    This site supports secured sockets layer (SSL) based transactions from a browser to the level of 128 bit or greater.

Limitation of Liability

22.    Nothing in this Contract is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between us and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.

23.    To the extent that we breach any condition or warranty implied into the arrangement between us and you and which cannot be excluded or modified, Innocent Bystander’s liability is limited to, at our discretion, either: (i)  replacement of the goods or supply of equivalent goods; (ii)  payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services, to: (i)  supply of the services again; or (ii)  payment of the cost of having the services supplied again.

24.    Subject to the foregoing,  we are not liable to you (or to any third party claiming through you) for, and you release us from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity,  and damage to equipment or property (“Loss”) caused by any act or omission of Innocent Bystander, its employees or agents, and whether based on negligence or other tort, contract or otherwise.

Amendments

25.    We may add to, delete, or otherwise change any of the terms of this Contract. We will notify you of any substantial changes to these terms & conditions. Your use of our service after notice will constitute your deemed acceptance of such changes.