(All Web Site Orders subject to these Conditions of Sale) These Conditions of Sale - Web Site Orders ("Conditions of Sale") apply to any orders for goods made by the purchaser ("you") from us via the Web Site. By making an order via the Web Site, you agree to be bound by these Conditions of Sale. We may accept any order for the supply of goods in whole or in part, or decline any order. We are under no liability to you in respect of those goods that we are unable to supply to you (whether or not we have previously accepted an order to supply such goods) provided that we refund any amounts paid by you in respect of the unsupplied goods. Under no circumstances are persons under the age of 18 permitted to order or purchase any goods via the Web Site.

You warrant that you are at least 18 years of age and that you are buying the goods for personal use and not for re-sale purposes.

(These conditions prevail) Unless otherwise agreed in writing by the parties, these Conditions of Sale prevail over the terms of any order.

(Property in goods) Where you have paid the purchase price for the goods at the time of ordering, title and risk in the goods passes to you on delivery of the goods to the delivery address. If you have not paid the purchase price in full for the goods at the time of delivery of the goods to the delivery address, title to the goods remains with us, risk in the goods passes to you on delivery to the delivery address and you will hold the goods as bailee for us until you have paid the purchase price in full for the goods (at which time title in the goods will pass to you).

(Delivery) In the unlikely event that the goods received are faulty or defective, not as ordered or not of merchantable quality, please contact our cellar door on 03 5051 3285 and we will attempt to remedy the situation as soon as possible.

Subject to the terms of this clause 4, we will deliver the goods ordered by you to the delivery address you have specified in the relevant order and in accordance with the reasonable delivery instructions specified in your order. We are not obliged to deliver the goods ordered if the delivery address is at a location where we (or our nominated contractor or agent) does not provide delivery services. For the avoidance of doubt, goods cannot be delivered outside Australia.

Any adult person who receives goods at the delivery address is deemed to be authorised to receive the goods on your behalf. We may require that the person who accepts delivery of the goods provide proof of age. The goods will not be delivered to persons under the age of 18 years or to persons who fail to provide satisfactory evidence that they are aged 18 years or over. If no one is at the delivery address to receive delivery of the goods, or if there is no one at the delivery address aged 18 or over, the goods will not be delivered to the delivery address and an attempted delivery notice will be left at the delivery address and the goods must be collected by you from the Australia Post store specified in the notice. Delivery may be made on our behalf by a third party contractor or agent.

(Prices and Payment) For each order made via the Web Site, you will pay us the purchase price for the goods (and any delivery services) via the payment options available on the Web Site at the time of making an order. Payment is deemed to have been made only once it has been received by us. Prices for individual items of goods and delivery services listed on the Web Site may change from time to time. The purchase price for the goods and delivery services in relation to an order will be calculated by reference to the prices specified on the Web Site at the time that order is placed.

(No liability for delays) Any delivery dates or delivery timeframes specified on the Web Site are indicative only. We will make reasonable efforts to have goods delivered to you by the delivery dates or within the delivery timeframes, but we are not liable for any loss or damage that may be suffered by you if delivery is not made by the delivery date or within the delivery timeframe.

(Late payment) If payment is not made by you by the due date in accordance with clause 5, then you must, on our request, pay us interest on your debt computed from the due date until payment is made at the rate then fixed by the Penalty Interest Rates Act 1983 (Vic).

(Warranties and liability)

• All express and implied terms, conditions and warranties which otherwise might apply to, or arise out of, this document are excluded other than:

  • as provided in this document; and

  • terms, conditions and warranties which by law cannot lawfully be excluded by agreement.

• If we are liable for a breach of a term, condition or warranty described in clause 8(a), our liability is, to the fullest extent permitted by law, limited to any one or more of the following as we determine in our absolute discretion:

  • in relation to goods, replacing or repairing the goods or paying the cost of replacing or repairing the goods; and

  • in relation to services, re supply of the services or payment of the cost of having the services re supplied.

• Subject to clauses 8(a) and (b):

  • we are not liable to you for any loss of income, loss of profits, loss of business or for any indirect, special or consequential loss which is suffered or sustained (whether or not arising from any person's negligence) by you in connection with any order or any goods supplied or not supplied; and

  • our liability to you arising out of or in connection with an order or any goods supplied or not supplied (including in negligence) is limited to an amount equal to the total amounts paid or payable in respect of that order or those goods, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

(Definitions) In these Conditions of Sale, unless the contrary intention appears:

• "goods" means any and all goods or items supplied by us to you;

• "delivery address" means the place nominated by you in an order as the place to which the ordered goods are to be delivered;

• "purchaser" or "you" means the person, firm or company placing an order with us for the supply of goods;

• "purchase price" means, in respect of an order, the total price for the goods (including GST and any other applicable taxes, levies, duties or charges in respect of goods or services supplied by us, delivery charges and any surcharge imposed for using a credit card or other payment method);

• "us" or "we" means Treasury Wine Estates Vintners Limited;

• "Web Site" means the web site operated by us or on our behalf located at www.devils-lair.com.au

• words and expressions which are not defined in this document but which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have that same meaning.

(General)

• No failure or delay in exercising any right under these Conditions of Sale shall operate as a waiver of such right unless the that right has been waived in writing signed by the party waiving the right.

• If any provision of these Conditions of Sale is found to be invalid or unenforceable, the provision will be deemed severed from these Conditions of Sale and the remainder of the terms will continue in full force and effect.

• This document is governed by and is to be construed in accordance with the laws applicable in South Australia. Each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts exercising jurisdiction in South Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

• We will collect, use and disclose personal information about you in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

(Notices) We may give notices under these Conditions of Sale to you via the Web Site, email or post. You may give notices to us via the Web Site.

(Amendments) We may amend these Conditions of Sale from time to time. The updated Conditions of Sale will be made available on the Web Site. The updated Conditions of Sale apply to any new orders for goods made by the purchaser following the date of publication of the amended Conditions of Sale on the Web Site. By making a new order for goods, you accept the amended Conditions of Sale. Any orders made by you under a previous version of the Conditions of Sale will continue to be governed by that previous version of the Conditions of Sale.

Your contract of sale is with Treasury Wine Estates Vintners Limited ABN 55 004 094 599 under its Victorian Liquor Licence Nos. 33750484 and 32421391. The sale of liquor pursuant to the offer to purchase from the website is made at our licensed premises attached to licence Nos. 33750484 and 32421391.