Conditions of use Flowstone Wines websites
This is the home site of Flowstone Wines Pty Limited ABN 68 137 777 032 (“Flowstone”) owner of the Flowstone, Queen of the Earth, Moonmilk brands. These Conditions of Use (“Conditions”) govern the use of this and any other site that may from time to time be published by Flowstone, including web sites specifically tailored for access by mobile devices (“the web sites”).
1) Acceptance of these conditions
By accessing and using the web sites, you are deemed to have agreed to the Conditions in their entirety. The Conditions may be varied from time to time by Flowstone, and you are deemed to have accepted any variation once it is placed on the web site. You should check the site regularly to view the latest version of the Conditions.
2) Website Content
Copyright in all materials appearing on this web site is, except where noted to the contrary, the property of Flowstone 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 Flowstone.
Flowstone does not represent that any information (including any file) obtained from or through this web site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Flowstone 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 Flowstone web sites and material from them remains with you. You also waive any and all claims that you may have against Flowstone otherwise arising out of or in connection with your use of this web site.
Flowstone Wines is committed to maintaining the privacy and confidentiality of your personal information. We will adhere to the National Privacy Principles (NPPs) when collecting, using, disclosing, securing and providing access to personal information.
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 Flowstone Wines responsible for any breach of security unless we have been negligent or in wilful default of our duties to you.
4) Use of this Web Site
You must be of legal drinking age to access this web site.
a) You may:
(i) view the web site; (ii) make a printed copy; and/or (iii) download part or all of the web site onto the local hard drive of the computer used to access this site, only for the purposes of personal use, information, research, or study.
(b) Other than as set out in (a) above, you must not reproduce, copy or download any information on the web site, without Flowstone’ express written permission.
(c) You must not use the web site for any illegal purposes or in a way which is inconsistent with the Conditions.
(d) You access and use the web site at your own risk.
5) Use of the Flowstone Online Store
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. If we have reason to believe that a person ordering wine is not 18 years of age or older, we reserve the right to refuse the order.
If you purchase products from Flowstone, you warrant to us that:
• you are over the age of 18 years; and
• any person that you are obtaining the products for, or supply the products to, is over the age of 18 years
The contract between you and Flowstone for the supply of goods purchased from the Online store (“the Contract”) only comes into existence when Flowstone accepts your order. Flowstone 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.
Anyone at the nominated delivery address who receives the goods shall be presumed by Flowstone to be authorised to receive the goods.
While Flowstone 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 in the goods passes to you upon delivery of the goods to the Delivery Address.
Flowstone’s prices, products, discounts and offers are subject to change and can be withdrawn at any time without notice. The price payable for the goods is the price applicable on the date when Flowstone confirms your order.
Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Goods we sell. We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).
The Family & Friends 10% discount is only available to customers who subscribe to the Family & Friends enewsletter and are logged in to their online customer account. The discount is only available on selected full priced items and not combinable with any other offers or discounts.
The member birthday and welcome gift of $50 is only available to customers who subscribe to the Family & Friends enewsletter and are logged in to their online customer account. The offer is only available on selected full priced items and not combinable with any other offers or discounts. The offer can only be used once per customer by the email recipient of the offer.
6) Ownership of material on this web site
You acknowledge that all material on the web site is owned by Flowstone, or used by Flowstone under licence from third parties. You must not do anything which is inconsistent with these rights of ownership.
In particular, certain trademarks, logos and images (collectively “Images”) appear on this web site. These Images belong to Flowstone or third parties to Flowstone and are protected by relevant intellectual property laws. Nothing in the web site shall be taken to grant a user any license or right of use or any Images without the express written permission of the owners of those Images.
(a) You acknowledge that any links to third party web sites found on the web sites are provided purely for your convenience. The provision of any links shall not be taken as any form of endorsement of third party web sites by Flowstone.
(b) As Flowstone does not own third party web sites, it is not responsible for the content, access, reliability, function or condition of third party web sites nor is Flowstone liable for any goods and services you may order through third party web sites. You access and use third party web sites via the Flowstone web sites at your own risk.
8) Disclaimer and Exclusion of liability for use of web site
To the fullest extent possible under the law, Flowstone excludes all implied conditions and warranties in connection with the use of the web site or material appearing on the web site. Flowstone does not, however, exclude liability which cannot be excluded under the Australian Consumer Law (Cth) or similar state or territory legislation.
(a) Whilst Flowstone endeavours to ensure that information on the web site is current and up to date, Flowstone makes no representations and gives no warranties regarding the accuracy, completeness or reliability of any material on the web site.
(b) Flowstone gives no warranties or guarantees regarding access to or functionality of the web sites and accepts no responsibility or liability for any delays or faults in the operation, function or access to the web site.
(c) Flowstone gives no warranty that the web sites are free of viruses, or anything else that may interfere with or cause damage to your computer systems. You should take whatever steps are required to protect your own equipment from any potential damage. Furthermore, Flowstone accepts no liability for any loss, damage, harm or claims, howsoever arising, whether direct, indirect or consequential and whether or not due to Flowstone’s negligence, arising out of or in connection with your use of the web sites or the material appearing on them.
You agree to indemnify Flowstone and to hold it harmless against all claims, losses, actions, proceedings, cost and damages arising from:
(a) any breach of the Conditions by you;
(b) any reliance by you on any material or information obtained through the Flowstone web sites (whether or not the material is obtained via links);
(c) your access to and/or use of the Flowstone web sites.
Flowstone Wines reserves the right to disclose information regarding users of the Flowstone Wines service to third parties, provided that the information will not specifically identify you or any personal information supplied by you. We will never sell or trade your personal information to third parties.
Flowstone Wines 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.
All specials, promotions, clearances, offers and discounted items advertised on the Flowstone website are available only while stocks last unless otherwise advertised. 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.