Terms of Sale

WARNING – section 114 Liquor Licensing Act 1997 (SA): it is an offence for a minor to obtain or consume liquor or for a person to supply liquor to a minor. Penalty: not exceeding $2500 for both offences.

By completing the online order form to make a purchase, you are offering to enter into a contract to purchase goods from Tenafeate Creek Wines SA BN 04106313. If Tenafeate Creek Wines accepts your offer, the goods will be sold to you subject to these Terms of Sale (the Terms).

The contract is made when Tenafeate Creek Wines accepts your order by giving notice to you. We will not accept your order until full payment is made, including the product price and applicable delivery charges. The contract is formed at our licensed premises, Lot 2 Gawler, One Tree Hill, South Australia 5114, from where the goods will be despatched under our liquor licence no. 50808775.

By placing an order, you warrant that you are at least 18 years of age and legally capable of entering into contracts.

Orders cannot be cancelled once Tenafeate Creek Wines accepts your order, unless there is a prior agreement with us.

1. PRICEAll quoted prices include GST, but does not include delivery and handling fees. All prices are stated in Australian dollars.
2. DELIVERY
   

   2.1

   Tenafeate Creek Wines only delivers to Australia.

   2.2

   Delivery is made through Australia Post or Fastway Couriers.

   2.3

   Tenafeate Creek Wines is required by Liquor Licensing Act 1997 (SA) to instruct the person delivering the products that the products be delivered:

   1. (a) To the adult who placed the order; or
   2. (b) To another adult at those premises who undertakes to accept it on behalf of the adult who placed the order.

   2.4

   The person delivering the products may, at their sole discretion, request to sight proof of age before finalising delivery. Anyone at the delivery address who receives the goods shall be presumed by Tenafeate Creek Wines to be authorised to receive the goods. Where specific instructions have been provided by you for the delivery of your wine, we or our contractors will endeavour to complete the delivery in accordance with those instructions but cannot be held liable in the event that delivery does not occur in accordance with those instructions. Specific delivery instructions are subject to contractor terms, the application of occupational health and safety laws and other laws.

   2.5

   If you are not in attendance when delivery is attempted and no authority has been provided to leave the items without a signature, the goods will be returned to your local post office to await collection. A card will be left in your letter box to advise of the collection point.

   2.6

   We will not be held responsible for any missing goods when authority has been provided for your goods to be delivered without a signature.

   2.7

   All deliveries that are returned to sender due to incorrect addresses provided by you will be charged a $10 per case re-dispatchment fee.

   2.8

   Wine can not be delivered to persons under 18 years of age.

   2.9

   Tenafeate Creek Wines will use all reasonable endeavours to deliver the products by a requested or agreed date. However, it cannot completely guarantee delivery on that date and is not liable for any loss resulting from late delivery.

   2.10

   Delivery may take between 7 and 14 days to occur.

3. SPECIAL OFFERSAll specials, promotions, clearances, offers, and discounted items advertised on the Site are available only while stocks last unless otherwise stated.
4. PRODUCT AVAILABILITYAll products offered for sale are subject to available stock. If a product is out of stock, Tenafeate Creek Wines will contact you to offer a substitute wine of at least equal quality. If you do not accept a substitute wine and your credit card has been charged for wine that is out of stock, Tenafeate Creek Wines will cancel your order and issue a credit to your credit card account in the amount charged.
5. BREAKAGESIf you receive a case of wine with one or more broken bottles, Tenafeate Creek Wines will issue you a credit in the amount paid for the broken bottles or send replacement bottles at our discretion if you notify Tenafeate Creen Wines within 14 days of the delivery date. Tenafeate Creek Wines may ask you to provide proof of the damage, as a condition of refund or replacement.
6. LIMITATION OF LIABILITY AND REFUNDS
   

   6.1

   Restrictions on the carriage or possession of alcohol are in place in some regions of Australia. If you live in an area which is the subject of such restrictions, it is your responsibility to be aware of the extent of such restrictions and the legal implications of these restrictions prior to proceeding with your alcohol purchase from Tenafeate Creek Wines. Tenafeate Creek Wines is not liable for any confiscation of alcohol and / or financial or other penalties arising from the breach of such restrictions caused by the attempted delivery by Tenafeate Creek Wines of your order.

   6.2

   Refunds / Credits will only be processed once the goods have been collected and returned to Lot 2 Gawler to One Tree Hill Road, One Tree Hill, South Australia, 5114.

7. ENTIRE AGREEMENT
   

   7.1

   These terms, and the documents expressly referred to in them, constitute the entire Agreement between you and Tenafeate Creek Wines, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.

   7.2

   We each acknowledge that, in entering into this Agreement, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in this Agreement.

Last updated on: February 11, 2012