Castle Glen Australia Pty Ltd apologizes for the extent and the proportion of formality in respect to this document. Please read this document and its entirety carefully. We are providing a service to the community, with it comes obligations, which requires implementation of rules and regulations, we ask that you adhere to these rules and regulations to provide proper care of the consumption of alcohol within the community. your use of our website will constitute your agreement to comply with these rules.
Seller is defined as Castle Glen Australia Pty Ltd and/or Castle Glen Liqueurs Australia Pty Ltd; and
Purchaser is defined as YOU
This Agreement is a contract between YOU and Castle Glen Australia Pty Ltd, ACN 117 662 709.
Persons under 18 years of age are not permitted to place orders or purchase alcohol.
This agreement sets out the terms and conditions under which YOU may purchase products online from Castle Glen Australia Pty Ltd. Please read the following terms and conditions carefully before placing your order on www.castleglenaustralia.com.au
By completing the customer application process and using www.castleglenaustralia.com.au service, YOU agree to be bound by the terms and conditions of this Agreement.
In these Conditions:
"Agreement" means an agreement between the consumer and Castle Glen Australia Pty Ltd to supply Goods. The Agreement consists of the Order and these Conditions.
"Castle Glen Australia" hereby means Castle Glen Australia Pty Ltd.
"www.castleglenaustralia.com.au" means the website owned and run by Castle Glen Australia Pty Ltd, including any other domains such as but not limited to www.castleglenliqueurs.com and www.castleglenaustralia.com
"Conditions" means these Conditions and any agreed written variations.
"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.
"Goods" means Goods described in an Order and includes packaging.
"Intellectual Property Rights" Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
"Order" means an order by you to purchase Goods from Castle Glen Australia Pty LTD
"Product List" means the list of Goods displayed on the Castle Glen Australia Website as amended from time to time.
"Delivery Fee" means the fee payable to Castle Glen Australia Pty Ltd in respect of delivery of the Goods and handling costs associated with processing your order as advised by Castle Glen Australia Pty Ltd.
2.1 What is the Agreement?
The entire agreement between YOU and Castle Glen Australia for the purchase of Goods by YOU from Castle Glen Australia is:
(a) these Conditions; and
(b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between YOU and Castle Glen Australia once Castle Glen Australia receives and accepts an order at its licensed premises. No obligation to sell or supply the Goods will arise until the order is received and accepted at licensed premises and all funds totalling the full order total have cleared . Castle Glen Australia is authorized to unconditionally appropriate the liquor to the order at the licensed premises on acceptance of the Order.
2.3 Each Order is a separate agreement
Each order placed on the Castle Glen Australia Pty Ltd website forms a new agreement and supersedes any previous agreement or understanding either written or implied. In the likely event of multiple orders being outstanding at the same time the terms and conditions displayed in this page on the day the order was placed will be binding. The date of these terms and conditions is listed under the heading of this page and it is understood that YOU have read any updated Terms and Conditions before placing any order.
2.4 Account off-set terms
If YOU owe money to Castle Glen Australia under one agreement, Castle Glen Australia may set that money against any money that Castle Glen Australia owes YOU under another agreement. If Castle Glen Australia owes money to YOU under one agreement Castle Glen Australia may off-set that money against any money that it owes YOU under another agreement.
3.1 Registration to be completed
YOU must complete a customer registration before placing an Order for Goods on our website. YOU warrant that all information and data provided by YOU in the customer registration is accurate, complete and up to date. YOU will promptly inform Castle Glen Australia if there is any change to this information or data.
3.2 Set up costs
YOU are responsible for any costs associated with accessing the Castle Glen Australia site and placing orders for Goods on www.castleglenaustralia.com.au including any Internet provider fees.
3.3 Delivery area
In order to purchase Goods from Castle Glen Australia, the Delivery Address that YOU nominate will need to be within an area where Castle Glen Australia provides delivery services. Castle Glen Australia will advise YOU if the delivery address which YOU nominate is not in the delivery area where Castle Glen Australia delivers goods. Castle Glen Australia will not be obliged to continue to deliver Goods to YOU if YOU change your delivery address and the new delivery address which YOU nominate is not in an area within which Castle Glen Australia delivers goods.
YOU can place an Order on www.castleglenaustralia.com.au by visiting www.castleglenaustralia.com.au, selecting the items and the quantity of your items and then selecting the "Check out" button. Orders will be deemed to have been received by Castle Glen Australia at the time of successful transmission of the Order.
4.2 Delivery of the Goods
Castle Glen Australia will deliver the Goods to YOU at the specified delivery address in the agreement. Castle Glen Australia may obtain authorization via facsimile or e-mail transmission to deliver goods to the address supplied without obtaining a receipt of goods delivered, if instructed to do so by the authorized purchaser, YOU, Castle Glen Australia, and all couriers, delivery companies acting for and on behalf of Castle Glen Australia, will take all care and reasonable precautions to ensure the Order is delivered correctly and in good condition. Castle Glen Australia will take no responsibility for incorrect delivery details provided by YOU or any liability for goods not received at the delivery address upon correct receipt of delivered Order.
4.3 Authorized receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed by Castle Glen Australia to be authorized to receive the Goods. Castle Glen Australia may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age and sign his/her name for receipt of receiving the Goods. Castle Glen Australia, (persons acting on behalf of Castle Glen Australia Pty Ltd, in capacity of delivery courier) will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years of age. If the Order specifies special instructions for delivery then Castle Glen Australia and its subsidiary companies will adhere to those specific instructions to its ability within the bounds of legal and ethical ramifications. Castle Glen Australia accepts no responsibility for incorrect delivery of goods due to unlawful use of credit card, payment details. It is the Purchasers (YOU) responsibility that credit details and pass-codes are kept private and confidential to prevent any unlawful use.
4.4 Service Fees
If required by Castle Glen Australia YOU shall pay to Castle Glen Australia the Service Fee (or such other fee as may be specified by Castle Glen Australia) in respect to each Order.
4.4.1 Order Cancellation Fee
Because Castle Glen Australia incurs costs at the point of acceptance of your order, all cancelled orders will incur a Cancellation Service Fee equal to 10% of the total of the order plus an amount specified by Castle Glen Australia as an Administration Fee.
4.5 Change of Delivery address
If YOU the consumer fails to notify Castle Glen Australia of changes to current delivery address upon receipt of goods, Castle Glen Australia is not to be responsible for incorrect delivery of Goods. YOU then are liable for all costs, return of Goods, transportation, and refunding of delivered Goods.
4.6 Miscalculation on web site of Delivery Fee
If the calculation of the delivery fee is insufficient to cover the actual delivery charges that would be charged to Castle Glen Australia, by its suppliers, then Castle Glen Australia is not obligated to fulfil your order. Where Castle Glen Australia chooses not to absorb the additional delivery fee, Castle Glen Australia will notify YOU that the postage calculations are different from real costs and offer YOU the option of paying the difference and going ahead with the order. YOU may choose to proceed and pay the higher delivery fee or cancel the order. Cancelled orders may be subject to an administration fee as described further in these Terms & Conditions.
4.7 Delivery Time Frames
All delivery time frames quoted on this web site are a guide only and actual delivery times may vary. While we will undertake to deliver goods ordered in a prompt and timely fashion, we take no responsibility for delays in delivery caused by our suppliers. By ordering on this site YOU acknowledge that a risk exists that an order will not be delivered within the time frame quoted.
5.1 Risk and Title
Risk and Title in the Goods passes to YOU upon delivery of the Goods to the Delivery Address.
5.2 Returns or Refunds
If at any time YOU are not satisfied with the quality of the Goods YOU have purchased, YOU may call Castle Glen Australia on +61 7 4683 2363 and a Castle Glen Australia representative will assess your request for a credit, replacement or refund of the purchased damaged or incorrect product.
6.1 Price of Goods
Subject to clause 6.2 the price YOU shall pay for the Goods shall be the price specified on the website. YOU also agree to pay the Delivery and Handling Fee in respect of each Order.
Castle Glen Australia prices are subject to variation on a daily basis. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.
6.3 Method of payment
(a) Payment upon Delivery of Goods.
YOU shall pay for the Goods at the time of sending your order. YOU may use your credit card ( MasterCard, Visa Card and American Express Card). YOU can direct deposit the payment for the order into our bank account. Please contact us for details. Castle Glen Australia Pty Ltd will only accept cash payments at our Cellar Door or official outlets.
7.1 No credits
Castle Glen Australia will not provide credits in respect of Goods ordered by YOU
7.2 Substitution policy
Castle Glen Australia will use its best endeavors to ensure that all Goods ordered by YOU (and any agreed substitutes) are supplied to YOU
Castle Glen Australia Pty Ltd aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product list may differ from the Goods actually supplied to YOU Castle Glen Australia Pty Ltd does not warrant the accuracy of the information contained in the Product List and recommends that YOU read the labels on Goods carefully before consuming the Goods. All information, labelling, text, graphics, pictures, logos, and any other form of advertising including bottles and company logos are remain the property of Castle Glen Australia Pty Ltd. Castle Glen Australia accepts no liability for incorrect information or picture graphics supplied.
YOU are licensed to install www.castleglenaustralia.com.au on your computer for your use in purchasing Goods from Castle Glen Australia. YOU acknowledge that YOU are not permitted to make any other use of copyright information, text, or graphics from www.castleglenaustralia.com.au unless given prior written authorization by Castle Glen Australia Pty Ltd.
YOU acknowledge that Castle Glen Australia and its related companies own or are licensed to use all Intellectual Property Rights in www.castleglenaustralia.com.au (including, but not limited to, any images, photographs or text, which appears on the site). YOU agree that YOU will make no representation to the contrary, and that YOU must not use or copy www.castleglenaustralia.com.au in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
YOU agree to indemnify Castle Glen Australia and its affiliates, employees, satellite cellars, outlets, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys' fees) that may arise from your submissions, and from your unauthorized use of material obtained through www.castleglenaustralia.com.au, from your breach of this Policy, or from any such acts arising through your use of www.castleglenaustralia.com.au
YOU acknowledge that any trademarks or logos which appear on the www.castleglenaustralia.com.au site are owned by or licensed to Castle Glen Australia Pty Ltd or its related corporations, and that YOU must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
YOU acknowledge that www.castleglenaustralia.com.au is provided "as is site" and that Castle Glen Australia is not making and has not made any warranty or representation as to www.castleglenaustralia.com.au suitability for any particular purpose. YOU agree that in using www.castleglenaustralia.com.au YOU are not relying on any statement or representation made by Castle Glen Australia which is not expressly contained in this Agreement.
YOU agree that any liability of Castle Glen Australia arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to YOU through use of www.castleglenaustralia.com.au (other than a condition or warranty implied by legislation which does not permit Castle Glen Australia 's suitability to be limited as stated in this clause 11.2) will, at the election of Castle Glen Australia be limited to: (a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and (b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
YOU agree that the entire risk arising out of installation, down loading, use or performance of www.castleglenaustralia.com.au remains with YOU to the extent permitted by law, YOU release and discharge Castle Glen Australia Pty Ltd 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 or 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 Castle Glen Australia Pty Ltd or this Agreement, including, without limitation, loss or damage caused by the negligence of Castle Glen Australia Pty Ltd or its related corporations.
YOU agree to take responsibility for the safekeeping of your credit details and pin codes. YOU are liable if any unauthorized person/s use your Credit Card and pass words or pass codes. YOU agree to release and indemnify Castle Glen Australia Pty Ltd in relation to any liability arising out of the unauthorized use of your credit card and pass words or pass codes.
Castle Glen Australia may add to, delete, or otherwise change any of the terms of this Agreement by giving YOU notice as provided in clause 16. Your use of the www.castleglenaustralia.com.au service after notice will constitute your deemed acceptance of such changes.
Castle Glen Australia Pty Ltd reserves the right to disclose information regarding Castle Glen Australia members and use of the www.castleglenaustralia.com.au service to third parties providing that the information will not specifically identify YOU or any personal information supplied by YOU
Castle Glen Australia Pty Ltd also reserves the right to disclose information regarding Castle Glen Australia members and use of the www.castleglenaustralia.com service, including personal information if we consider it necessary to comply with law or to protect the rights and property of Castle Glen Australia Pty Ltd or others.
Castle Glen Australia Pty Ltd may terminate this Agreement at any time by delivering notice (as specified in clause 16) or by sending YOU a system message, (e-mail notification) advising that your shopping privileges have been removed. If this occurs, please contact Castle Glen Australia on +61 7 4683 2363. Termination of this Agreement shall be effective on the day notice is received and recorded or such later date as specified in the notice.
Castle Glen Australia may give notice to YOU by electronic mail or by conventional mail to your address contained in the membership registration information, provided by YOU. YOU may give notice to Castle Glen Australia by electronic mail to firstname.lastname@example.org.
17.1 Provisions are severable
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
17.2 The Australian State of Queensland Liquor Law
The Australian State of Queensland Liquor Law applies to Castle Glen Australia Pty Ltd and our website.
The laws of Queensland, Australia govern this Agreement.
If YOU don't agree to the terms contained in this Policy, please exit Castle Glen Australia's website now.
If YOU have any questions or concerns about this Agreement please contact us for more information.