Terms & Conditions
By entering your details to make a purchase, you are offering to make a contract to purchase goods from us Jones Winery & Vineyard, 61 Jones Rd, Rutherglen, Victoria 3685). If we accept your offer, the goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.
The contract is made at our licensed premises, 61 Jones Road, Rutherglen, Victoria 3685, from where the goods will be despatched under our Victorian liquor licence no. 32600385.
Persons under 18 years of age are not permitted to place orders for alcohol.
Jones Winery & Vineyard supports the responsible service of alcohol.
Nature of the Contract.
The contract between you and Jones Winery & Vineyard for the supply of those goods (“the Contract”) only comes into existence when Jones Winery & Vineyard accepts your order. Jones Winery & Vineyard will notify you of acceptance. No obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract. Orders cannot be cancelled once accepted, unless by arrangement with Jones Winery & Vineyard.
Jones Winery & Vineyard will not be obliged to continue to deliver goods to you if your delivery address is not in an area to which Jones Winery & Vineyard carrier delivers goods.
The goods will not be delivered to persons under the age of eighteen (18) years Jones Winery & Vineyard may request that the person who receives the goods provides satisfactory evidence of proof of age. Jones Winery & Vineyard will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.
If there is no-one at the delivery address to receive the wine, a card will be left for you or the wine left according to your instructions. Jones Winery & Vineyard and it’s freight agent will not be responsible for any goods left if instructed to do so. Jones Winery & Vineyard is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:
(a) to the adult person who placed the order, or
(b) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or
(c) if delivery takes place on a day following the placing of an order, in accordance with the customer’s instructions but always to a person over the age of 18 years.
Anyone at the nominated delivery address who receives the goods will be presumed by Jones Winery & Vineyard to be authorised to receive the goods.
While Jones Winery & Vineyard will use all reasonable endeavours to deliver by any requested or agreed date, it does not guarantee delivery on that date and is not liable for any Loss resulting from late delivery.
Risk and Title
Risk and title in the goods passes to you upon delivery of the goods to the nominated delivery address.
Jones Winery & Vineyard prices are subject to variation – the price payable for the goods is the price applicable on the date when Jones Winery & Vineyard confirms your order. We are not bound to supply at the prices displayed on the website where there are errors or omissions in such pricing.
The quoted price does not include freight or handling fees (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the applicable freight and handling fees, as described on the price list and / or online.
You must pay for the goods before we will despatch your order. Credit card details are passed through the secure payment gateway and processed immediately, and are not retained on file.
You also waive any and all claims that you may have against Jones Winery & Vineyard otherwise arising out of or in relation to your use of this website.
We endeavour to take all reasonable steps to protect your personal data, but cannot guarantee the security of any data you disclose online. By supplying us with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold Jones Winery & Vineyard responsible for any breach of security unless we have been negligent or in wilful default of our duties to you.
Limitation of Liability
Nothing in this Contract is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between Jones Winery & Vineyard and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.
To the extent that Jones Winery & Vineyard breaches any condition or warranty implied into the arrangement between Jones Winery & Vineyard and you and which cannot be excluded or modified, Jones Winery & Vineyard liability is limited to, at Jones Winery & Vineyard discretion, either: (i) replacement of the goods or supply of equivalent goods; (ii) payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services, to: (i) supply of the services again; or (ii) payment of the cost of having the services supplied again.
Subject to the foregoing, Jones Winery & Vineyard is not liable to you (or to any third party claiming through you) for, and you release Jones Winery & Vineyard from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property (“Loss”) caused by any act or omission of Jones Winery & Vineyard, its employees or agents, and whether based on negligence or other tort, contract or otherwise.
Jones Winery & Vineyard may add to, delete, or otherwise change any of the terms of this Contract. Your subsequent use of the Jones Winery & Vineyard service after such changes have been posted to the website will constitute your deemed acceptance of such changes.
Jones Winery & Vineyard may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.
Promotions & Clearances
All specials, promotions, clearances, offers and discounted items advertised on the Jones Winery & Vineyard website are available only while stocks last unless otherwise advertised.
Jones Winery & Vineyard reserves the right to terminate a Contract at any time by notice to you. Termination is effective on the day notice is received or such later date as specified in the notice.
If any provision of these Terms & Conditions is unenforceable or void either in whole or in part for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of this document.
The laws of Victoria govern this Contract.
WARNING Under the Liquor Control Reform Act 1998, it is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $18,000), and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700).
Copyright in all materials appearing on this website is, except where noted to the contrary, the property of Jones Winery & Vineyard Pty Ltd ABN 48099518671 (Hereinafter referred to as Jones Winery & Vineyard) and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or for any purpose expressly permitted by Jones Winery & Vineyard. Jones Winery & Vineyard does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Jones Winery & Vineyard is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of the Jones Winery & Vineyard website remains with you. You also waive any and all claims that you may have against Jones Winery & Vineyard otherwise arising out of or in relation to your use of this website. By supplying Jones Winery & Vineyard with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold Jones Winery & Vineyard responsible for any breach of security unless Jones Winery & Vineyard have been negligent or in wilful default of our duties to you.