Terms and
Conditions

This website and its contents are owned or licensed by Giorgio S Gjergja and Dianne L Gjergja trading as ‘Port Phillip Estate’, ‘Kooyong Wines’ and ‘Bellvale Wines’ (ABN 64 726 473 361) (‘Port Phillip Estate’, ‘we’, ‘us’ or ‘our’).

WARNING

Under the Liquor Control Reform Act 1998 (Vic) it is an offence:

— to supply alcohol to a person under the age of 18 years; and

— for a person under the age of 18 years to purchase or receive alcohol.

You may only view or use this website, or purchase alcohol from this website, if you are at least 18 years of age. Please immediately exit this website if you do not meet these requirements.

AGREEMENT TO TERMS AND CONDITIONS

To the maximum extent permitted by law, these terms and conditions (‘Terms and Conditions’) govern the use of this website and the purchase of any goods via this website or pursuant to a Port Phillip Estate Wine Club offer, and we may amend them from time to time. Every time you purchase goods via this website or otherwise use this website, you acknowledge to us that you:

(a) have read these Terms and Conditions immediately before you have purchased the goods and agree to be bound by them as they were at that time; and

(b) are at least 18 years of age.

If any of these Terms and Conditions are illegal or unenforceable at law, they may be severed and the remaining Terms and Conditions will continue in full force and effect.

OUR INTELLECTUAL PROPERTY

Unless expressly stated otherwise, we own or are licensed to use all content appearing on this website (including trade marks, logos, designs and copyright material) (‘Content’). You must not use any Content on this website, in whole or in part, except with our express written consent or as permitted under applicable Australian and international laws. If we allow you to use any of our Content, our status as the owner or licensee of that Content must be acknowledged.

CONTENT WE PROVIDE

Unless stated otherwise, we grant to you a personal, non-transferable, revocable and non-exclusive licence to use any files that we expressly state are available for download on this website, for your own personal, non-commercial use. You must not copy, communicate to the public, modify, reverse engineer, or otherwise transfer any right in those files. Your use of any files is undertaken entirely at your own risk and you must maintain all copyright and other notices displayed on those files.

We do not represent and cannot guarantee that any information (including any file) obtained from or through this website is free from computer viruses, other faults or defects. It is your responsibility to scan any such information for computer viruses, and you assume the risk of any damage to your computer, mobile device and associated equipment arising from installing, downloading or using this website.

CONTENT YOU PROVIDE

You are fully responsible for any content (including any testimonials, comments, suggestions, ideas, graphics or any other material) that you provide to us for display on our website. This content will not be confidential and we may use it for purposes which include advertising or marketing. By providing content to us, you grant us a licence to use that content in any way without payment or reference to you.
You must not use our website to post or display:

(a) content that you do not have the right to post or display, or that violates the intellectual property, confidentiality, privacy or other rights of any person or entity, or is illegal;

(b) content that is offensive, abusive, threatening, defamatory, discriminatory, political or false or misleading;

(c) advertising or promotional materials of any kind; or

(d) content that contains software viruses or anything harmful to this website.

We reserve the right to edit or remove any of your content at any time.

LINKS TO EXTERNAL WEBSITES

Our website may contain links to other websites or advertisements of goods or services available from third parties. We are not responsible for the content of those websites or advertisements, or any goods or services made available on them. Unless expressly stated otherwise, we are in no way endorsing, sponsoring or suggesting an affiliation with third parties or their goods or services.

LINKS TO OUR SITE

Our website must not be framed on any third party website, nor may you create a link to any part of our website other than the home page, unless we provide our express written consent for you to do so. We may withdraw our consent to link to our home page at any time in our absolute discretion.

YOUR PERSONAL INFORMATION AND PRIVACY

Our Privacy Policy (portphillipestate.com.au/privacy-policy) sets out the ways in which we may collect, store, use and manage your personal information. It also explains the physical, electronic and security measures we will take to protect your personal information.

However, by supplying us with personal information through this website, you accept the inherent security risk of dealing online over the internet and agree not to hold us responsible for any breach of security, unless we have breached a law, been grossly negligent or in wilful default of our duties to you.

Any use or disclosure of information regarding users of the Port Phillip Estate website will be strictly in accordance with our Privacy Policy (portphillipestate.com.au/privacy-policy).

We take all complaints about privacy matters very seriously and our complaints handling procedure is set out in our Privacy Policy (portphillipestate.com.au/privacy-policy).

WINE CLUB TERMS AND CONDITIONS

By registering as a member (‘Member’) of the Port Phillip Estate Wine Club (‘Wine Club’), you gain access to exclusive Member-only deals, competitions and events (‘Member Benefits’).

In order to become a Member, you must satisfy our eligibility criteria. A Member must:

(a) be a natural person (companies, incorporated associations and other bodies corporate are ineligible to become Members);

(b) be at least 18 years of age;

(c) be resident in Australia and have an Australian postal address;

(d) hold a valid Mastercard or Visa debit or credit card; and

(e) agree to abide by these terms and conditions applicable to membership of the Wine Club.

If you choose to become a Member, you will, at the time of registration, be required to create a password or personal identification number (‘PIN’). You must maintain the confidentiality of your password or PIN and you are responsible for any activities that occur using your password, PIN or Member account. You must immediately notify us if you become aware of any unauthorised use of your password, PIN or Member account, or any other breach of security of which you become aware. We will not be responsible for any loss arising from the unauthorised use of your password, PIN or Member account before we are notified of it. There is no membership fee payable for joining the Wine Club.

A minimum subscription period of 12 months (‘Minimum Subscription Period’) applies. If you cancel your membership within the Minimum Subscription Period, we reserve the right to charge a cancellation fee. The cancellation fee will be the greater of:

(a) the value of the total discounts received on purchases as part of the Wine Club membership, in addition to freight charges [or freight benefits] received as a part of your Wine Club membership up to the date of cancellation; or

(b) $50.

The cancellation fee will be charged to the credit or debit card associated with your Member account.

Any early membership cancellations are to be made by emailing our Cellar Door (from this link).

Following the Minimum Subscription Period, you may choose to suspend or cancel your membership at any time by logging in to your Member account, selecting ‘Subscriptions’ and choosing either to suspend or cancel your Wine Club membership. Your membership may be suspended for a maximum cumulative period of 12 months. At the end of such suspension period, your membership will resume in accordance with your previous membership terms.

Member Benefits:

(a) are non-transferable and cannot be exchanged for cash, cash equivalents (such as vouchers) or anything else;

(b) are for personal or domestic use only. They cannot be used for commercial purposes; and

(c) allow you to choose the frequency of your regular deliveries, and the ability to re-schedule or skip your delivery of goods upon at least 60 days written notice to our email address.

As a Member of the Wine Club, you must provide us with your current credit or debit card details to allow payment to be processed for your regular Wine Club deliveries.

By joining the Wine Club, you authorise us to:

(a) debit the credit or debit card provided with the cost of your Wine Club order, on your chosen delivery frequency; and

(b) keep these details on file to pay for future purchases.

As a Wine Club Member, you understand that it is your responsibility to inform us of any change in address or delivery details. Charges incurred due to recovery of deliveries from an old or incorrect address will be the responsibility of the Member. You can update your address by logging into your Member account.

We reserve the right to cancel your membership of our Wine Club on grounds which include, but are not limited to:

(a) a material breach of, or material act or omission contrary to, the terms and conditions applicable to your membership of the Wine Club;

(b) your bankruptcy or death;

(c) your failure to pay moneys owed to us when due and after we have given you 14 days’ notice of the default;

(d) your provision of false or misleading information to us;

(e) you threatening, intimidating, abusing or defaming us or any of our employees; or

(f) you no longer meeting our eligibility criteria to be a Member of the Wine Club.

For the avoidance of doubt, cancellation of your Wine Club membership, by you or by us, does not absolve you of any debt that is owed to us or us from any obligation we owe to you (e.g. in relation to defective goods).

PURCHASE OF GOODS FROM OUR WEBSITE

Goods will be dispatched by us under Victorian Liquor Licence No. 32801305 and sales will be made and completed subject to the provisions of the Liquor Control Reform Act 1998 (Vic).

You agree that:

(a) we only accept online orders from, and deliver to, mainland Australia and Tasmania;

(b) if you are using this website from outside Australia and/or wish to place an order for delivery outside Australia, please email our Cellar Door (from this link) and we will arrange separately the terms of that order with you;

(c) if you place an order for goods on our website, and we communicate our acceptance of your order by email confirmation, you enter into a contract with us for the supply of those goods. Each accepted order is a separate contract;

(d) we can accept or reject an order for any reason, including (without limitation) unavailability of goods, an error in the pricing, image or goods description, or an error in your order;

(e) unless expressly stated otherwise, we cannot provide rainchecks for goods ordered from our website. Unfortunately, we cannot guarantee that goods advertised on our website will be available at the time you place your order;

(f) all information and data you provide when ordering must be accurate, complete and up to date, and you will promptly notify us of any changes to this information or data;

(g) all prices quoted for wine and other goods sold are displayed in Australian Dollars (AUD) and are inclusive of GST. The quoted price does not include freight or handling fees (if applicable) in respect of each order. Your freight and handling charges, together with the cost of insuring your goods, will be calculated and added to the purchase price before you are asked to place your order;

(h) prices listed on this website are subject to change. The price payable for the goods is the price applicable on the date when you submit your order;

(i) the payment system on this website uses encrypted 256 bit secure system technology to encrypt and protect your credit or debit card details;

(j) you must pay for the goods before we despatch your order. You may make payment by Visa, Mastercard or American Express . We will send you an electronic tax invoice/receipt via email when your payment has been processed;

(k) we will deliver your goods after we have processed your payment. Delivery to Australian capital cities and surrounding suburbs is generally within approximately 10 working days, via Australia Post or any other carrier that we may nominate. We accept no responsibility for any loss resulting from late delivery;

(l) we may deliver the goods in instalments if they are not all available at the same time for delivery. Our part delivery of your order will not invalidate the balance of the order;

(m) we will use our best endeavours to ensure that goods are available for delivery, and in most cases will notify you if goods are unavailable before you place your order. However, in some cases this will not be possible and we will need to reject an order for goods after we have processed your payment. In these cases, we will refund you in full all amounts you have paid for the unavailable goods or offer to substitute your goods with an alternative. You may accept or decline any offer to substitute your goods with an alternative. Any refund for unavailable goods will be credited to your credit card or debit card as soon as possible, but in any event no later than seven (7) days from the date of rejection of your order;

(n) once the payment for your order has been processed, and your goods have been dispatched, you will be unable to cancel your order. If you cancel your order before we dispatch the goods, we will refund to you the price of the goods and any freight, handling and insurance charges, less any reasonable administrative fees we have incurred in processing your payment (for example, banking charges on the payment to us);

(o) once the goods have been delivered to the nominated delivery address, you assume all risk and title in the goods (including the risks associated with storing the goods). Both you and the person receiving a delivery of goods purchased from our website must be at least 18 years of age; and

(p) both you and (if different) the person receiving a delivery of goods purchased from our website must be at least 18 years of age. Port Phillip Estate (or its delivery agent) may request the person who receives the goods to provide satisfactory evidence of proof of age. We will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age or if they are under the age of 18 years.

DAMAGED OR DEFECTIVE GOODS

If any goods purchased from this website:

(a) prove faulty within 6 months of you receiving the goods;

(b) do not match the description of the goods as provided when sold;

(c) when received, are not the goods ordered; or

(d) have been damaged in transit,

we will gladly arrange a refund or exchange of the goods if you notify us, promptly upon the issue becoming apparent, by email or by post to our address at 263 Red Hill Road, Red Hill South, Victoria 3937, to arrange a return of the goods. Goods returned without prior notice will be rejected.

Please include in your notification, details of:

(a) the goods purchased;

(b) the date of purchase; and

(c) the damage to or defect in the goods, including when it became apparent and how that damage or defect has affected your use of the goods.

If we are satisfied with your claim on a preliminary basis, we will issue a returns note after we receive your email notification.
Upon receipt of the returns note, please return the goods to us at our nominated address:

(a) with the goods safely packed in their original packaging (so far as practicable);

(b) securely further wrapped and protected against any breakage or further damage; and

(c) with our delivery slip.

Upon receipt of the returned goods, if we are finally satisfied with your claim, we will offer you a refund or replacement of the goods, at your option, and a reimbursement of your reasonable costs of delivering the defective or damaged goods to us.

COMPETITIONS AND PROMOTIONS

Any promotions or offers for goods advertised on our website are available while stocks last, unless otherwise advertised.

EVENTS
All tickets to events held at our venue, or events organised by us, are subject to the following terms and conditions (unless expressly stated otherwise):

(a) all of our events are completely licensed, so strictly no alcohol is to be brought on site by patrons;

(b) age identification will be required to purchase alcohol;

(c) you agree to act in a responsible manner and to comply with the directions of our staff and our authorised representatives at all times;

(d) persons who are intoxicated at our events will not be served alcohol. We reserve the right to refuse to allow you to enter an event and may require you to leave an event if you appear intoxicated or behave in an inappropriate manner;

(e) tickets may not:

(i) be offered for re-sale; or

(ii) be used for promotional or other commercial purposes,

without our express written consent. Any breach of this requirement may result in your ticket being cancelled;

(f) to the maximum extent permitted by law, you remain solely responsible for any loss, theft or damage to any personal property that you bring to our events, except to the extent that we are negligent;

(g) to the maximum extent permitted by law, you remain solely responsible for any injury or harm to yourself (including loss of life), except to the extent that we are negligent; and

(h) by attending an event, you acknowledge and consent to:

(i) being photographed, or otherwise having your image recorded, by us or any of our nominated agents, contractors or representatives;

(ii) your image being broadcast (including on social media websites), published, reproduced, modified or otherwise used in any medium, without any fee, compensation or prior consultation. If your image is modified, it will not be modified in a derogatory manner; and

(iii) your image being used for purposes which include artistic expression, the promotion or marketing of our business or any other commercial purposes.

SOCIAL MEDIA

We maintain a presence on Facebook, Instagram, X and LinkedIn (‘Social Media Accounts’), but are not endorsed by, or affiliated with, those organisations . You are fully responsible for any content you post on the pages of our Social Media Accounts.
You must not post on the pages of our Social Media Accounts material that:

(a) is abusive, political, defamatory, offensive or threatening towards us, our employees or any other person or organisation;

(b) violates the intellectual property, confidentiality, privacy or other rights of any person or entity;

(c) breaches the terms and conditions of any of the providers of the Social Media Accounts;

(d) promotes the excessive consumption of alcohol;

(e) otherwise breaches the ABAC Responsible Alcohol Marketing Code (found at this link);

(f) constitutes spruiking or other advertising, unless written consent has been obtained from us to post such material; or

(g) relates to any illegal activity.

We reserve the right to remove any material that is posted on the pages of our Social Media Accounts. Please note that you will be subject to, and agree to comply with, the respective terms and conditions imposed by Facebook, Instagram, X and LinkedIn whilst you are visiting any of our Social Media Accounts.

LIMITATION OF LIABILITY

We provide this website on an ‘as is’ basis. We may suspend access to our website or close it indefinitely without notice and we accept no liability in consequence of that. You accept the inherent security and reliability risks of dealings on the internet and we accept no liability for any issues you may suffer in that respect.

We will take all reasonable steps to ensure that this website is accurate, but make no representation as to the appropriateness of our goods for your personal circumstances or any fitness for purpose of our goods for purposes other than those for which they are commonly used.

To the maximum extent permitted by law, we exclude liability for a breach of our obligations under these Terms and Conditions, including but not limited to an obligation to deliver goods by a certain time, which has resulted from an ‘act of God’ or other cause beyond our reasonable control. Those causes may include (without limitation) accident, extreme weather conditions, transport or industrial strikes, riot, protest or civil commotion, war, pandemic, government action or failure of equipment or the internet.

To the maximum extent permitted by law, all conditions, warranties and implied terms are excluded from these Terms and Conditions. Furthermore, we are not liable for any loss of revenue, loss of actual or anticipated profits, loss of business, goodwill or opportunity or indirect or consequential loss.

To the extent that we breach these Terms and Conditions by providing non-compliant goods or services, our liability is limited to, at our discretion, either:

(a) replacement of the goods or supply of equivalent goods;

(b) payment of the cost of replacing the goods or acquiring equivalent goods;

(c) supply of the services again; or

(d) payment of the cost of having the services supplied again.

To the maximum extent permitted by law, you also waive any and all claims that you may have against us or our related companies or associates arising from your use of this website.

GOVERNING LAW

The laws of Victoria, Australia, govern these Terms and Conditions and the courts of Victoria have non-exclusive jurisdiction to hear any matters arising out of or in connection with these Terms and Conditions.