WEBSITE TERMS AND CONDITIONS
When you visit the Marli Russell by Mount Mary website you are responsible for all sessions and transactions taken under these details.
The Seller is Mount Mary.
The Buyer is the party that is entered in the transaction as the purchaser on the website.
CONTRACT OF SALE
Any contract for purchases made through the 'Marli Russell by Mount Mary' website will be with Mount Mary whose registered office is situated at 22-24 Coldstream West Road, Coldstream, Victoria, 3770.
All orders for goods by the Buyer shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions.
When the Buyer pays by credit card, the Seller must receive payment of the whole of the price for the goods that the Buyer orders before the order can be accepted, and the contract formed. Payment is taken at the point of order. Once payment has been received the Seller will confirm that the Buyer’s order has been received by sending an email to the Buyer at the email address the Buyer provides. The order confirmation email will include the Buyer’s name, the order number and the total price. The Seller’s acceptance of the Buyer’s order brings into existence a legally binding contract between the parties on these terms. Any term sought to be imposed by the Buyer in the order will not form part of the contract.
When the Buyer pays by cheque or by direct deposit, the contract does not form until payment to the Seller has been cleared.
No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller that the goods are available in stock and able to be delivered.
The Seller is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on 'Marli Russell by Mount Mary'’s website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that the Buyer has ordered Mount Mary will contact the Buyer as soon as possible by email. This will be to inform the Buyer of the correct price of the goods, and to ask the Buyer if the Buyer wishes to continue with the order at the amended price, or to cancel the order altogether. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
The price shall be the Seller’s quoted price.
If GST is payable on a Taxable Supply made under, by reference to or in connection with this Agreement, the Buyer must also pay the GST amount as additional Consideration. This clause does not apply to the extent that the Consideration for the Taxable Supply is expressly stated to be GST inclusive. Any inference in the calculation of Consideration under this Agreement to a Cost, expense of other liability incurred by a party, must exclude the amount of any input Tax Credit entitlement of that party in relation to the relevant cost, expense of other liability.
AVAILABILITY OF GOODS YOU ORDER
If the Seller has insufficient stock to deliver the goods ordered by the Buyer, the Seller will notify you as soon as possible and any sum debited by the Seller from the Buyer’s credit card will be re-credited to the Buyer’s account and the Seller will notify the Buyer by email at the address given by the Buyer in the order form. Any direct deposits will also be re-credited to the Buyer’s account and any cheques returned to the Buyer. The refund will be made as soon as possible and in any event within 30 days of the Buyer’s order. The Seller will not be obliged to offer any additional compensation for disappointment suffered. Please note: the Seller endeavours to bring to its customers the best value it can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. The Seller updates its website as quickly as it can to minimise disappointment. The process of updating the website when goods have sold out at promotional price may take time. Please note that the price the goods are offered for tender are as displayed in your online basket.
DELIVERY OF GOODS TO YOU
The Seller will arrange a courier on the Buyer’s behalf for the goods ordered by the Buyer to the person and address you give the Seller at the time the Buyer makes the order. Delivery will be made as soon as possible after the Buyer’s order is accepted and payment is cleared. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies. The Buyer will become the owner of the goods ordered when the goods are shipped to the Buyer from the Seller’s distribution centre.
Any dates quoted for delivery of the goods are approximate only and the Seller shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract for the sale and purchase of the goods by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control.
If the Seller is prevented by circumstances beyond its control from shipping or delivering within the time stipulated in the confirmation, such time will be extended for a reasonable period after such circumstances have ceased to operate and any delay so caused will not be grounds for cancellation by the Buyer or for any claim for damages or compensation by the Buyer.
The goods will be delivered to the Buyer’s premises. The Buyer must pay all delivery charges specified in the invoice for the goods.
Delivery will be deemed to have been effected on receipt by the Seller of a delivery note signed by a representative of the Buyer.
The Buyer is deemed to have inspected the goods immediately upon receiving delivery of the goods. If there is any damage to the goods or shortage in the quality delivered, then the Buyer will immediately notify the Seller by making a note and signing the consignment note retained by the carrier of the goods. The Buyer must also provide sufficient evidence to support the allegation of damaged goods and/or a shortage in delivery of the goods. Should the Buyer fail to notify the Seller of this, the Buyer shall not have any claim against the Seller for damage to the goods and/or shortage in the quality delivered or at all.
A clear signature of the recipient or the Buyer’s representative on the Seller’s consignment note shall be deemed to signify receipt of the quantity.
If the Buyer fails to advise of damage as set out above, the goods shall be conclusively presumed to be in accordance with the Contract and free from any defect or damage and the Buyer shall be deemed to have accepted the goods.
If the goods are not in accordance with the Contract for any reason and the Buyer has duly given the Seller notice thereof as set out above, the Buyer’s sole remedy shall be limited to the Seller making good any alleged defect, shortage in quantity or failure to comply with description by replacing or effecting rectification of such goods at the Seller’s discretion or, if the Seller shall elect, by refunding a proportionate part of the price under the Contract.
Where the Buyer rejects any goods, then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such goods or the failure by the Seller to supply goods which conform to the contract.
Where the Buyer accepts or has been deemed to have accepted any goods, then the Seller shall have no liability whatever to the Buyer in respect of those goods.
The Seller shall not be liable to the Buyer for late delivery or short delivery of the goods.
Unless agreed to the contrary in writing, the Seller reserves the right to make part deliveries of any order.
Failure to make a delivery of the total order will not invalidate the contract as regard other deliveries.
Mount Mary may, at its sole option, revise any of its Policies from time to time without notice.
Mount Mary aims to include up-to-date pictures of all of the wine for sale on the Website. Mount Mary reserves the right to restrict sales to retail quantities when supplying resellers and distributors.
Mount Mary or its agent will deliver the wine you order to the address you specify in your order, within the agreed time frame, subject to their availability.
Anyone at the delivery address who receives the wine will be presumed by Mount Mary to be authorized to receive the wine. If there is no-one at the delivery address or no-one of appropriate age to receive the order, Mount Mary may charge you additional delivery fees.
Purchase of the wine by law prescribes a minimum age for purchase, you must be 18 years of age or older (or such other higher minimum age as is prescribed by the law), and you must ensure that a person of appropriate age is available to accept delivery of the wine. Mount Mary may refuse to deliver the wine if the person receiving the wine is unable or unwilling to provide evidence of proof of age.
Once the wine is delivered to you, you will own it and it is your responsibility if it is lost or damaged.
For each online order, you must pay: the applicable price for the relevant wine confirmed by Mount Mary; and/or the delivery and handling fee specified on the Website at that time, or confirmed at a later date.
Payment must be cleared before the wine is dispatched. All payments are to be made through the payment system provided by the Website, unless otherwise agreed. Prices and availability are subject to change without notice. Typographical, wine description, pricing, images and other errors are subject to correction, even after orders and/or payment are accepted.
Mount Mary may vary prices and if Mount Mary requests payment for increased prices, you may cancel the order by giving notice to Mount Mary, which must be received within 7 days of the announcement of the increase.
LIMITATION OF LIABILITY
The Seller’s liability for a breach of condition or warranty that cannot be excluded is limited at the Seller’s option to:
the replacement or repair of the goods; or
the supply of equivalent goods; or
the cost of replacing or repairing the goods or of acquiring equivalent goods; and to the maximum extent permitted by law .
The Seller is not liable for:
any loss or damage to the goods resulting from any act or omission on the part of the Buyer, or the employees, contractors or agents of the Buyer; or
any special, consequential, direct or indirect loss or damage incurred by the Buyer in connection with the supply of goods under a Contract of Sale or any act or omission (including negligence) on the Seller’s part in relation to the obligations under a Contract of Sale, however caused.
The Seller expressly does not accept liability for any goods that are:
Damaged by accident;
Damaged by inappropriate handling or storage.
Damaged by tampering of any kind.
The Buyer must not erase, remove or alter any trade marks on the goods/and must use no other trade marks or trade names in relation to the goods.
The Buyer must notify the Seller immediately if it becomes aware of any infringement or threatened infringement of any of the Intellectual Property.
The Buyer will take all practical steps to ensure that the Seller’s reputation and goodwill are not damaged.
If the Seller decides to recall any of its goods, then the Seller will be responsible for the costs of transport, repairs or replacement for the goods recalled.
No failure to exercise and no delay in exercising any right, power or remedy under these Conditions will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
The laws of Victoria govern these Conditions.
Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Victoria.
If a provision of these Conditions or a right or remedy of a party under these Conditions is invalid or unenforceable in a particular jurisdiction:
It is read down or severed in that Jurisdiction only to the extent of the invalidity or unenforceability, and
It does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
This clause is not limited by any other provision of these Conditions in relation to severability, invalidity or enforceability.
This website may contain hyperlinks. These hyperlinks connect the Buyer to sites of other organisations which are not the responsibility of the Seller. The Seller has used reasonable endeavours in preparing its own website and the information included in it is done so in good faith. However, the Seller has no control over any of the information the Buyer can access via other websites. Therefore, no mention of any organisation, company or individual to which this website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of the Seller.
GST will be included within the prices and fees charged by Mount Mary and is payable by you at the same time as you pay such prices and fees. ‘GST’ means the same as in the A New Tax System (Wine and Services Tax) Act 1999 (Cth).
If for any reason you are not entirely happy with your purchase, simply return it for a full refund. Mount Mary inspects all wine leaving our warehouse and has a 14 day full refund, return policy.
Return the wine in its original packing and after we have received and inspected the wine, your money will be refunded to you. We will not accept returns of soiled or damaged containers and we do not refund the cost of return shipping or handling-only the purchase price.