AGREEEMENT

Howard Vineyard does not sell alcohol to persons under the age of 18. By using this site, you confirm that you are over the age of 18. Howard Vineyard makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 18. By using this site, you are acknowledging that the person receiving a shipment of alcoholic beverages from Howard Vineyard is over the age of 18. 

IF YOU DO NOT AGREE WITH THESE CONDITIONS OF USE PLEASE DO NOT USE THIS SITE. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 18, Howard Vineyard will prosecute you to the full extent allowable by law.  If the person receiving the wine is unable to produce appropriate ID, our couriers will be unable to leave the wine.

Your order is an offer to buy from Howard Vineyard. There will be no contract of any kind between you and Howard Vineyard unless and until we accept your order, and in the case of wines and goods to be delivered to you, when we debit your credit card. At any point up until then, we may decline to supply the goods or services to you without giving any reason. At the moment, we accept your order or in the case of delivery of goods, when we debit your credit card, a contract will be made between you and Howard Vineyard.

All wines or other goods ordered remain the property of Howard Vineyard until payment is received in full. Our total liability to you for non-delivery of purchased goods is limited to the purchase price of the products.

Howard Vineyard shall not be liable for any delay in delivering your wine if that delay or failure is caused by circumstances beyond our control such as war, riot, civil commotion, malicious damage, compliance with any current or future law or governmental order, rule, regulation or direction, fire, flood, storm or other poor weather conditions, Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.

DNCR: “By providing your contact details you subscribe to receive future special offers, promotions plus information about special events from (Winery), and from our representatives, until such time as you request us to stop. Should you wish to opt out at any time simply let us know by phone or email. We will provide you with appropriate contact details every time we contact you”.

Privacy Act:” Your details remain yours and may only be shared with our representatives for the purposes of communicating (Winery) offers only. They will NOT be sold or rented to any other companies”.

Howard Vineyard reserves the right to modify the terms, conditions and notices contained on this the website without notice to you. Your continued use of this website after any such change constitutes your agreement to such change. Howard Vineyard further reserves the right to change prices and other information on the website at any time without notice to you. The posting of prices and other terms of sale on this web site shall not constitute a binding agreement and Howard Vineyard is not obliged to sell products on such terms.

All content, including without limitation graphics, logos, text, images and other features, appearing on this website, and their associated copyrights, trademarks and other intellectual property are owned, controlled or licensed by Howard Vineyard This content is protected by copyright separately and as a collective work or compilation under Canadian and international copyright law and is the property of the Howard Vineyard , its licensors, or the party credited as the provider of the content or other third-party owners of the content, as the case may be.

As the user of this website you may not copy, distribute, transmit, reproduce, publish, create derivative works or in any way use any of the content on this website without the prior written permission of Howard Vineyard. This prohibition includes without limitation the publication of any part of this content on any other website, selling or offering it for sale, or using it to create any kind of database.

This site is provided by Howard Vineyard on an “as is” basis. Howard Vineyard to the maximum extent permitted by applicable law makes no representations or warranties of any kind; express or implied, as to the operation of the site or the information, content, materials, or products included on this site. Howard Vineyard disclaims all warranties, express, statutory or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose; warranties or conditions of workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement; warranties or conditions arising in the course of dealing or the usage of trade.

This Agreement comprises the entire agreement between you and Howard Vineyard and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. This Agreement is personal to you and you may not transfer, assign, or delegate this Agreement to anyone without the express written permission of Howard Vineyard   Any attempt by you to assign, transfer, or delegate this Agreement without the express written permission of Howard Vineyard shall be null and void.

Howard Vineyard makes no representations or warranties whatsoever that access to this website will be uninterrupted or error-free or that any information, software or other material accessible on or through this website is free of viruses or other harmful components. Your use of the Howard Vineyard website is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of this website.

Howard Vineyard will not be liable for any damages of any kind arising from the use of this site, including without limitation direct, indirect, incidental, punitive or consequential damages.

For your convenience, Howard Vineyard may include links to other sites on the Internet that are owned or operated by third parties. When linking to such a site, you do so at your own risk. The inclusion of any link on the Howard Vineyard website does not imply that Howard Vineyard endorses the linked site.

Risks & Warnings
Customers should also be aware of the following inherent risks and warnings:

– Alcohol should be consumed in moderation and never in conjunction with operating a motor vehicle or machinery.  Women should not drink alcoholic beverages during pregnancy because of the risk of birth defects.  Alcohol consumption may cause health problems.

– A case of wine is heavy, so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.

– Red wine in particular may cause staining if spilt so extra care should be taken.

– Sparkling wines can be volatile due to the build up of gasses extra care should be taken when opening these.

 

TERMS AND CONDITIONS OF WINE CLUB MEMBERSHIP

 

• I authorise Amos Vignerons trading as Howard Vineyard to debit my credit card with the cost of my wine deliveries each order period.

• I understand that I will receive pre-delivery notification by email of upcoming shipments up to four weeks in advance at which time I can elecgt to change the content of my delivery.

• I understand that my selection of wines will be used as my preference for future deliveries and that vintages and prices may change and I will be notified in writing.

• The wines I am purchasing are not for re-sale by a licensed person.

• I am 18 years or older.

• Wine club discounts will not apply in conjunction with other special offers unless specified

• Benefits can only be claimed on verification of my club membership details.

• I must notify Howard Vineyard in writing if I choose to withdraw from the wine club.

 

 

WINE CLUB AND NON-WINE CLUB ORDERS

 

• All prices include GST and are quoted in Australian dollars.

• Please feel free to select any of our wines as part of your order – wither one variety or mixed case.

• All orders must be in multiples of 6 bottles as our case sizes for safe transport are for 6 or 12 bottles. Please feel free to order as many cases as you would like.

• Howard Vineyard currently ships within Australia only

• Howard Vineyard reserves the right without prejudice to its other rights under these Terms and Conditions or at law to cancel orders or to suspend deliveries until full payment is made in full.

• Howard Vineyard reserve the right to alter pricing of a product/products at any time at the sole discretion of the company. In the event that a system error occurs and pricing is displayed incorrectly. Howard Vineyard reserve the right to alter pricing and quantity supplied to reflect the correct value.

• Howard Vineyard reserves the right to refuse any order and to withdraw any wines or any range of wines from sale from time to time notwithstanding that such wines may be displayed on Howard Vineyard website for purchase.

• You acknowledgement that once and order is made it cannot be cancelled without the written consent of Howard Vineyard and on terms whereby you indemnify Howard Vineyard for any administration and financial costs incurred by it,

 

 

FREIGHT CHARGES FOR NON-WINE CLUB MEMBERS

• Flat rate of $10.00 applies to all deliveries, Australia wide.
• Freight will be calculated at the time of invoicing.

 

DELIVERY

• Please allow for up to 7 working days for your wine to be received after receiving confirmation of your order.
• If you have not received your wine in this timeframe, please contact us and we will trace your delivery.
• You are responsible for providing full and accurate delivery address, contact numbers and instructions re delivery, any failing in these aspects will be to your account.
• Please note that we do not deliver to PO Boxes.
• Delivery times made known to you are estimates only and Howard Vineyard is not liable for any late or non-delivery.
• Please allow up to 5 workings days for capital city deliveries and up to 10 working days for regional areas, although we cannot be accountable for unusual delays by our courier company.
• Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel your order.
• Without limiting the operation of any other Terms and conditions herein, Howard Vineyard will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
• Howard Vineyard is not liable for any losee, damage or delay occasioned to your or any other person claiming through you, arising from late or non-delivery of the wine ordered.

 

RETURNS POLICY

• Should you receive a case of wine that appears to have been damaged in transit we will provide you a replacement, or an alternative product of equal value of your choice. Or a full refund. Should you receive a product that is differnet to what you ordered then we will provide you with a replacement (if the product is available), or an alternative product of equal value of your choice, or a full refund. If you are dissatisfied with the product you received you can return them for a full refund (provided that at least 9 bottles form the case are returned to us in good condition), under the following circumstances:
• The un-opened wine bottles are returned within 7 days of opening any of the wine cases and upon internal testing of the product by Howard Vineyard it is deemed faulty or defective.
• We will refund your money when we receive the goods and we are satisfied that they are in original condition.
• You will need to supply the ollowing information, most of which will be on your invoice upon returning the product
• You name and contact details
• The invoice number and invoice date
• Description of the product to be returned
• The reason for return
• All returns are to be delivered to Howard Vineyard, 53 Bald Hills Rd, Nairne SA 5252
• For enquiries contact us via [email protected] or 08 8188 0203. We will bear the reasonable cost of returning goods that are defective, do not meeting the product description or were sent in error. All other returns are at your expense.

 

DAMAGED IN TRANSIT

• In the event that you receive a product that appears to have been damaged in transit you should:
• Refuse to accept delivery of the product
• Direct the courier to return the goods to sender
• Notify us immediately. Please contact us via [email protected] or 08 8188 0203
• If you have already accepted delivery, and then notice that the product appears to have been damaged during transit you should notify us immediately, so we can process the return as ‘Damaged in Transit.’