TERMS & CONDITIONS

Part A - Terms of Use for Website

These terms of use (Terms) govern your use of https//www.italyinaglass.com.au and all related sites, including all copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content). Please read these Terms carefully. BY USING THE WEBSITE YOU ARE AGREEING TO THESE TERMS. You must not use the Website if you do not agree with these Terms.

1. Ownership: The Website and all Content is operated and owned by Italy in a Glass, ABN 57 604 405 816 with the principal place of business at Unit 24 340 Hoxton Park Road, Prestons Sydney NSW Australia, 2170.

2. Use of Website: You may only use the Website and the Content on the Website for personal, non-commercial purposes unless Italy in a Glass provides express written consent.

You must not:

– by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;

– do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;

– breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;

– interfere with any other persons use or enjoyment of the Website;

– post, or transmit to the Website any abusive, obscene, defamatory, or otherwise inappropriate material;

– use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the Website, or to reproduce or separately store or use such Content;

use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the Website, or to reproduce or separately store or use such Content;

– use the Website or any Content in any way that is unlawful, illegal or breaches the rights of Italy in a Glass or any third party; and

– use the Website in any way that otherwise breaches these Terms.

In addition to these Terms, the Italy in a Glass Privacy policy applies to the Use of the Website and various parts of the Website are subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.

3. Third Party Websites

The Website contains links to other web sites controlled by third parties (Third Party Websites). Italy in a Glass is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites. Italy in a Glass makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

All online orders of liquor from Italy in a Glass are processed and distributed by Italy in a Glass in accordance with the licences outlined here.

4. Product Reviews

The Website may allow you to provide personal comments on selected products. In doing so: • your comments must reflect your genuinely held opinion of the product; • your comments must not be obscene, abusive, illegal, threatening, defamatory, objectionable, invasive of privacy, injurious to third parties or be misleading as to the origin of the content; • your comments must not infringe the intellectual property rights of a third party; • you must not use a false email address or impersonate any person or entity; and • you acknowledge that we may remove or edit your comments.

If you provide comment on a product, you grant Italy in a Glass and relevant third parties the right to use and display your comments for any purpose in relation to the product throughout the world.

5. Intellectual Property

All Content on the Website is owned, controlled by, or licensed to Italy in a Glass. Except for viewing the Content for your own personal non-commercial use, Italy in a Glass does not grant you any rights to use the Website or Content for any other purpose unless it expressly consents in writing.

6. Limitation of Liability

Italy in a Glass does not warrant or guarantee:
• the accuracy or completeness of any information available on the Website;

• that access to the Website will be uninterrupted or error free;

• that any defects will be corrected immediately; or

• that the Website will be free from viruses or other contamination.

Except where prohibited by law, Italy in a Glass will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk.

Nothing in these Terms limits your rights under Australian Consumer Law.
All Content on the Website is owned, controlled by, or licensed to Italy in a Glass. Except for viewing the Content for your own personal non-commercial use, Italy in a Glass does not grant you any rights to use the Website or Content for any other purpose unless it expressly consents in writing.

7. Termination of Use

You may stop using the Website at any time for any reason.

Italy in a Glass reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.

Italy in a Glass may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. Italy in a Glass reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.

8. Variation to Terms

Italy in a Glass may vary these Terms at any time, and by continuing to use the Website you consent to any variations. Italy in a Glass will not notify you of these variations and it is your responsibility to regularly check these Terms for any variations.

9. Governing Law

These Terms are governed by the laws of New South Wales in Australia, and any dispute in relation to these Terms or your access or use of the Website will be the exclusive jurisdiction of the Courts of New South Wales.

10. Miscellaneous

If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force.

Any failure by Italy in a Glass to act or enforce these Terms immediately will not be considered a waiver of Italy in a Glass’s right to take any such action.

Part B - Customer Agreement

This Agreement is a contract between you and Italy in a Glass (Australia) Pty Ltd (ABN 57 604 405 816) (Italy in a Glass) trading as Italy in a Glass (Italy in a Glass). It sets out how you can purchase goods online from Italy in a Glass. By completing the customer application process and purchasing goods online from Italy in a Glass, you are bound by this Agreement.

All online orders of liquor from Italy in a Glass are processed and distributed by Italy in a Glass in accordance with the licences outlined here.
This Agreement is a contract between you and Italy in a Glass (Australia) Pty Ltd (ABN 57 604 405 816) (Italy in a Glass) trading as Italy in a Glass (Italy in a Glass). It sets out how you can purchase goods online from Italy in a Glass. By completing the customer application process and purchasing goods online from Italy in a Glass, you are bound by this Agreement.

All online orders of liquor from Italy in a Glass are processed and distributed by Italy in a Glass in accordance with the licences outlined here.

1. INTERPRETATION

In these Terms:

Agreement is an agreement between you and Italy in a Glass to supply the Goods, and consists of the Order and these Terms,

Delivery Address is the address where the Goods are to be delivered as stated on the Order,

Delivery Fee is the fee payable to Italy in a Glass for delivery of the Goods to your Delivery Address and handling and other costs associated with processing your Order. Fees and conditions may vary depending on your location and the delivery option you select. Full details are available here.

Goods are items in an Order, and include packaging,

Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information,

Licensed Premises means the licensed premises as per each liquor licence and outlined here, and referred to jointly and severally as the context requires,

Order(s) is an order(s) by you to purchase the Goods from Italy in a Glass and includes any order made using the Website, by telephone to Italy in a Glass and

Personal Details includes your name, the Delivery Address, email address, contact phone number/s and payment details

Product List is the list of Goods displayed on the Website,

Terms means these terms, and any additions or variations, and

Website includes without limitation www.italyinaglass.com.au.

2. THE AGREEMENT

An Agreement exists between you and Italy in a Glass once Italy in a Glass receives and accepts an Order at the relevant Licensed Premises, and Italy in a Glass has no obligation to supply the Goods until the Order has been accepted. Each Order may be accepted by Italy in a Glass at its absolute discretion and Italy in a Glass expressly reserves the right to limit sales to retail quantities as determined at the sole discretion of Italy in a Glass. Each Order generates a separate Agreement, which Italy in a Glass reserves the right to cancel at any time pursuant to clause 4 below. Persons under 18 years of age are not permitted to place an Order.

3. CUSTOMER APPLICATION

Accurate information: Information provided by you in the Order must be accurate and complete. It is your responsibility to inform Italy in a Glass if there is any change to your details. Delivery area: Orders for delivery to addresses that are not in the Italy in a Glass delivery area cannot be processed. We’ll let you know when you select your delivery option if your address is not in an area where Italy in a Glass deliver.

Date of birth: Your date of birth may be required by relevant State or Territory liquor licensing laws. You are required to provide this information truthfully at the time of registration or placing your Order.

4. ORDERS, DELIVERY AND COLLECTION OF GOODS

Age: It is against the law for Italy in a Glass or you to sell or supply liquor to, or obtain liquor on behalf of, a person under the age of 18 years. In placing the Order, you warrant to Italy in a Glass that:

a. You are over the age of 18 years and will produce evidence of age to the satisfaction of Italy in a Glass when requested at the time of delivery to us or our third-party delivery providers. You may also be required to verify you are over 18 years of age through a Trusted Digital Identity Framework accredited service provider prior to placing your order,

b. Any person that you are obtaining the Goods for, or supply the Goods to, is over the age of 18 years, and

c. You will not take or supply any part of your Order to any liquor-restricted area or community.

Changes to or cancellations of Orders: If you need to make any changes to or would like to cancel your Order, contact us via pat@italyinaglass.com.au and we will discuss your options with you.

We may cancel your Order before delivery or collection in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your order are if:

a. any of the Goods are not available;

b. there was any error in the description of any of the Goods in your Order or the price as advertised by us;

c. your order is in breach of this Agreement or any other relevant terms and conditions or is contrary to any law.

In the event that your Order is cancelled, we will endeavour to contact you as soon as possible, via one or more of your contact details supplied, to advise of you of the cancellation.

Delivery: Italy in a Glass will work with our carrier partners to deliver the Goods to you at the Delivery Address provided. We will make our best effort to deliver within the time agreed with you, however events beyond our reasonable control may occur from time to time which means that these delivery times may not be met. If this occurs, we will endeavour to contact you to arrange an alternative delivery time.

Italy in a Glass cannot commit to delivery beyond the front door of your home or office building. Front door means the front door or a point beyond which entry into the interior of the building occurs. If you request Italy in a Glass, or our carrier partner, to deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless Italy in a Glass (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door. Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

While within our checkout you may be able to request that your delivery is left unattended if no-one is home, our carrier partners reserve the right to not complete deliveries and leave collection notification. This may be through orders not limited to;

– Driver concern of minors present in local vicinity

– Inability for recipient to present adequate proof of age

– Unclear instructions authorising delivery to be left unattended and in a safe place

Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by Italy in a Glass to be authorised to receive the Goods. If the Order includes liquor or other products where there is a minimum age required to purchase, you must ensure that a person over the age of 18 years is available to accept these Goods. Delivery of liquor will be subject to liquor licensing requirements and will not be made to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or deemed to be unsuitable. If the Order contains liquor or tobacco products, Italy in a Glass may request evidence that the person collecting the Order is 18 years or older. If the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age, or we believe that they are acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they are under 18 years of age), Italy in a Glass may refuse to deliver the Goods. Italy in a Glass may refuse to provide liquor to a person who is intoxicated or disorderly.

Minimum order value: We reserve the right to set a minimum order value. We reserve the right to set a minimum order value.

Product availability: Some products and offers may not be available in all stores. Due to liquor licensing restrictions certain Goods will not be available for sale in some areas which include (but are not limited to) Northern Territory, South Hedland, Broome, Kununurra, Tom Price and Kalgoorlie. Italy in a Glass reserves the right not to sell certain Goods to any person to which, or in any location where, the sale of certain Goods is restricted or prohibited whether by law or otherwise.

Additional services: From time to time, Italy in a Glass may offer you additional services. You acknowledge that all terms and conditions of such additional services shall apply and form part of these Terms. You acknowledge that Italy in a Glass is not making and has not made any warranty or representation as to the additional services or the suitability of the additional services to you, other than any warranty or representations that cannot be excluded by law. To the maximum extent permitted by law, all other warranties and representations are excluded.

5. RISK AND TITLE IN THE GOODS

Risk in the Goods passes to you upon delivery at the Delivery Address. You agree that title to the Goods passes at the Licensed Premises where we dispatch the Goods in your Order and passes to you once the Goods have been dispatched (left the Licensed Premises for delivery, or, collected from the Licensed Premises by You). Immediately on us making a refund to you for any Goods (for example a cancellation under clause 4 ‘Orders, Delivery and Collection of Goods’) you agree that title in the Goods shall pass back to us immediately.

6. RETURNS AND REFUNDS

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You’re also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

If your purchase is faulty, damaged, incorrectly described or breaches a consumer guarantee, we will be happy to provide you with either a refund or exchange upon presentation of your proof of purchase. If this purchase incurred a delivery fee, we will also cover the cost of the delivery fee for the return of the Goods back to us.

Please note that goods (including food) will not be accepted by Italy in a Glass for a refund or exchange due to a change of mind.

7. PRICE OF GOODS AND PAYMENT

Delivery Fee: If required by Italy in a Glass, you must pay the Delivery Fee for each Order with Italy in a Glass. You acknowledge that the Delivery Fee may not be refundable.

Specials: Italy in a Glass offers specials that are available online.

Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and as appears on the Order confirmation, except:

a. if a Good is out of stock, in which case you won’t be charged for that Good,

b. where you have accepted to substitute Goods, Italy in a Glass may substitute the Goods and you will be charged at the lower of the original or the substitute price at the time the substitute Good is processed for your Order, and

c. if you modify your Order, in which case all prices will update to the then-current prices.

Pricing and product information errors: Italy in a Glass reserves the right to amend any pricing or product information errors displayed due to human error, computer malfunction or other reason and may exercise its right to cancel the order pursuant to clause 4 above.

a. All prices are Australian dollars and are inclusive of GST.

b. Prices may vary between stores. Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated once your delivery details are provided in the checkout.

c. Product prices for products listed on the website are applicable to online purchases only.

d. Promotional offers and prices are as stated, with no further discounts available.

e. Prices are subject to variation

f. Promotional codes are single use and cannot be used on multiple orders

Tax invoice: upon delivery of the Goods, we will provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.

Method of payment: You shall pay for the Goods at the time of purchase or when your Order is dispatched. You may use your credit card (Mastercard, Visa, American Express) or Paypal.

1. Italy in a Glass storing the card details for use only as a payment method for future purchases they may make.

2. Italy in a Glass will notify the customer of any changes to this agreement.

8. OUT OF STOCKS AND SUBSTITUTION

Italy in a Glass does not provide rain checks on Goods ordered by you. If the items you have ordered are out of stock Italy in a Glass customer service will endeavour to contact you to offer a like-for-like substitution that is available. If you are unhappy with the substitution offered we will cancel the order and complete a refund.

9. PACKAGING AND LABELLING OF GOODS

Italy in a Glass aims to provide up-to-date pictures and details of the Goods on the Website. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. Italy in a Glass does not warrant the accuracy of the information contained on the Website, any descriptions or pictures, and recommends that you read labels carefully before consuming Goods. Additionally, our wine vintages are subject to change and may vary from store to store and when delivered.

10. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that Italy in a Glass or its related corporations own or are licensed to use all Intellectual Property Rights in Italy in a Glass, including any images, photographs or text that appears on the Website. You must not make any representation to the contrary and you must not use or copy Italy in a Glass in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Website are owned by or licensed to Italy in a Glass or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.

11. LIABILITY

11.1 Italy in a Glass will use reasonable care and skill in fulfilling the Orders.

11.2 We are responsible for loss suffered by you as a result of:

a. our negligence if it causes personal injury or death, or

b. a serious breach of this Agreement by us, if that loss was reasonably foreseeable at the time.

11.3 Subject to clause 11.2 and to the extent permitted by law, you release and discharge Italy in a Glass and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss of damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Italy in a Glass or this Agreement (including the installation, downloading, use or performance of any software related to the Website).

11.4 Provided that it is fair and reasonable to do so, any liability by Italy in a Glass resulting from a breach of warranty (express or implied) will be limited as follows:

a. If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods, or

b. If the breach relates to services, to the re-supply of the services or the cost of having the services supplied again.

11.5 The limitations in clause 11.4 do not apply to any condition or warranty implied by legislation that does not permit the liability of Italy in a Glass to be limited.

12. USE OF THE WEBSITE

You may only use the Website for personal, non-commercial purposes unless Italy in a Glass provides express written consent to the contrary. Your use of the Website is governed by the terms of use for Website which can be viewed at Part A – Terms of Use for Website.

13. USERNAME AND PASSWORD

You are responsible for the safekeeping of your user name and password. You are liable if your account is misused by an unauthorised person.

14. NOTIFICATION OF CHANGES

Italy in a Glass may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 17. Any Order placed by you after notice will constitute your deemed acceptance of such changes.

15. PRIVACY AND SECURITY

For details on our commitment to your privacy, please refer to our Privacy Policy.

16. TERMINATION

Italy in a Glass may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 17) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. Italy in a Glass may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders at Italy in a Glass at any time.

17. NOTICES

Italy in a Glass may give notice to you by email, conventional mail or notice on the Website. You may give notice to Italy in a Glass by email to pat@italyinaglass.com.au

18. SEVERABILITY

Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.

19. LAWS

The laws of New South Wales govern this Agreement.
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