PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
All users of this site must be over 18 years of age and agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
About the supplier: Tambavale Pty Ltd ABN 86 636 796 734 trading as Brockenchack, operates under South Australian producer’s liquor licence 50815675, owns the website and is the supplier of wines via the website.
About these terms and conditions: Use of this website is acceptance of these terms and conditions. If you do not agree to these terms and conditions, do not use this website. These terms and conditions govern visitors’ access to and use of the website, and the supply of products ordered via the website. Tambavale Pty Ltd / Brockenchack may modify or repeal these terms and conditions without prior notice. In case of a modification or repeal, the pre-existing terms and conditions continue to apply to any products ordered via the website before the change takes effect.
Intellectual property: Material displayed on the website is subject to copyright, is owned by Tambavale Pty Ltd or its content suppliers and is protected by law. Brands and logos displayed on the website may be the subject of registered trademarks of Brockenchack or its product suppliers and protected by law. A visitor to the website may access, display, download and print portions of the website for their own private non-commercial use and to order products via the website, subject to any additional restrictions displayed on the website. Any other use of material on the website is prohibited.
All content included on this site, including but not limited to text, graphics, logos, button icons, images and software is the property of Tambavale Pty Ltd or its content suppliers and is protected by the Commonwealth of Australia Copyright Act 1968 and other international copyright laws. This excludes property in which the rights of third parties are expressly identified on this site. Permission is granted to display and, subject to any expressly established restrictions or limitations relating to specific material, download or print portions of the material from the site solely for your own non-commercial use, or to place an order with Tambavale Pty Ltd. Any improper use, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.
Third-party links: If the website links to another website, Tambavale Pty Ltd is not responsible for the content neither of such other website, nor for any use (or misuse) of information a visitor may supply to that other website, nor for any goods or services on offer at that other website. If a visitor has a problem with a third party website so linked, please notify Tambavale Pty Ltd.
Third-party content: If the website displays material sourced from a third party (including a supplier of product, or a consumer of product), Tambavale Pty Ltd / Brockenchack does not warrant or represent the accuracy, utility or other characteristic of that material.
Visitors’ use of the website: A visitor to the website must not post on the website any material that is abusive, defamatory, and obscene, contrary to law or to the rights of any party. Tambavale Pty Ltd / Brockenchack may block / delete from the website any material posted to the website that Tambavale Pty Ltd decides contravenes that requirement. A visitor in using the website must not impersonate the identity of another person. A visitor must not attempt to use the website or any of its content to solicit others to participate in any organisation or commercial on-line service. Improper use of the website may result in the visitor being banned from the website, being liable to Tambavale Pty Ltd for breach of contract and / or infringe applicable law.
Indemnity: A visitor agrees to indemnify, defend, and hold harmless each of Tambavale Pty Ltd, its officers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs resulting from any violation of these terms and conditions or any activity related to the visitor’s account (including negligent or wrongful conduct) by the visitor or any other person accessing the website using the visitor’s Internet account.
Website functionality: Tambavale Pty Ltd / Brockenchack does not represent or warrant that the functions within the website would be uninterrupted or error-free, that any defects would be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements.
Password security: A visitor to the website allocated a password is responsible to prevent the password being disclosed to any third party.
SUPPLY OF PRODUCTS
Buyers: To buy wine via the website, the buyer must be at least 18 years of age, be located within Australia and specify a delivery address within Australia. Under law, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By placing an order, the buyer confirms they are at least 18 years of age. If buying wine as a gift, the recipient must also be at least 18 years of age. Wine will generally be delivered by Courier and the Courier has the right to request photo identification if there is any doubt about the age of the recipient of the delivery. If that recipient is unable to produce appropriate identification, the Courier will not leave the wine.
Special offers: At any time Tambavale Pty Ltd / Brockenchack may terminate any special offer without advance notice.
Vouchers: Each promotional voucher may only be redeemed once per household. Vouchers may not be used in conjunction with any other vouchers – strict limit of one voucher per order.
Prices: Prices stated are in Australian dollars (AUD$), and may be per bottle or per case, as stated. Prices include GST, unless otherwise stated. Delivery charges are extra and not included in stated prices.
Payment: A buyer must pay for their online order by Visa or MasterCard. There are no other payment methods accepted via the website. If the credit card issuer does not authorise the transaction, or later revokes authorisation for the transaction, Tambavale Pty Ltd / Brockenchack may cancel the order.
Pricing errors: If a product inadvertently appears on the website at the wrong price, Tambavale Pty Ltd may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged. If a credit card was charged for the purchase and the order is so cancelled, Tambavale Pty Ltd / Brockenchack will notify the buyer and issue a credit to the credit card account in the amount of the wrong price.
Product availability: All products are offered for sale on the basis of while stocks last. If a product is out of stock, Tambavale Pty Ltd / Brockenchack may substitute wines of at least equal quality.
Delivery: There are a couple of tiny areas of our beautiful country we can’t quite get too – small offshore islands are a bit of a problem and we’re not too keen to break the law when it comes to dry communities–but if you’re part of mainland Australia, why don’t you give us a try. We ship wine to most places within Australia, generally either by Courier or Australia Post. Orders of 1 x 6 pack will be charged a flat rate shipping fee of $10. Orders of 12 bottles or more will receive free shipping. Most orders will be delivered to your door; however some rural or remote areas will have delivery to the nearest post office for collection and signature. Tambavale Pty Ltd / Brockenchack endeavour to deliver wine to Australian capital city metropolitan areas within 7-10 working days. For delivery addresses in Australian regional centres and outside metropolitan capital cities, allow at least 14 working days. In outlying areas, delivery will be may take a little longer. Tambavale Pty Ltd / Brockenchack does not however guarantee any specific delivery date. Wine is normally be delivered Monday to Friday 9.00 am to 5.00 pm and to either business premises or a residence. If the premises is unattended, the wine will not be left but rather the courier will leave a card and the buyer needs to arrange delivery to an attended address as a signature from a person aged over 18, will be required. Alternatively if the customer leaves specific “Authority to Leave” instructions at the time of placing their order, the Courier is allowed to leave the wine at their specified location. Neither the Courier, nor Tambavale Pty Ltd / Brockenchack takes any responsibility for wine left in exposed, visual or sunny positions, as specified by the Customer’s Authority to Leave.
Alcohol and Dry Area restrictions for Queensland & The Northern Territory: Delivery of freight into the areas specified is restricted. Tambavale Pty Ltd / Brockenchack and its couriers will not deliver to the following postcodes: Aurukun 4871, Bamaga 4876, Cherbourg 4605, Doomadgee 4830, Hope Vale 4871, Injinoo Map 4876, Kowanyama 4871, Lockhart River 4871, Mapoon 4871, Mornington Island 4825, Napranum 4874, New Mapoon 4876, Palm Island 4816, Pormpuraaw 4871, Seisia 4876, Umagico 4876, Woorabinda 4713, Wujal Wujal 4873 and Yarrabah 4871.
Risk: Risk of damage, loss or deterioration to product passes to the buyer on delivery.
Breakages: If a case of wine is received with one or more broken bottles, Tambavale Pty Ltd / Brockenchack will issue a credit or send replacement bottles if the buyer so notifies Tambavale Pty Ltd / Brockenchack within 15 days of the date of the invoice.
Title: Product remains Tambavale Pty Ltd / Brockenchack property until paid for in full by the buyer.
Cancellations: Orders are placed at the buyer’s discretion and cancellations of orders will not be accepted, unless under extenuating circumstances. These will be reviewed on a case by case basis.
Returns: The return of wine cannot be accepted if you simply do not like it. All purchases from the Brockenchack website are done so at your own discretion. All wines are under screwcap and therefore not subject to the risk of ‘spoiling’ as a corked wine might. If however the buyer believes that the wine has spoiled, the buyer must contact Tambavale Pty Ltd / Brockenchack within 30 days of the date of the invoice to discuss returning the wine in question. If the wrong vintage has been supplied, the buyer must notify Tambavale Pty Ltd / Brockenchack upon receipt of the delivery (and within 14 days of the date of the invoice). Where wine is to be returned, pending its return, the buyer is liable to keep the wine in a safe and proper manner and take reasonable care of it. Wine should be returned in the original box where possible and packed to avoid breakage in transit back to Tambavale Pty Ltd / Brockenchack. In this situation, upon receipt of the returned wine, Tambavale Pty Ltd / Brockenchack will replace the wine in question with a wine of equal style and value. Note vintages may vary.
Refunds: If a price refund is applicable, any price refunds will be affected within 30 days after Tambavale Pty Ltd / Brockenchack has been notified of the reason, conditional upon any returned wine being in original sealed and saleable condition.
Product warranties: Tambavale Pty Ltd / Brockenchack warrants that the product supplied is of merchantable quality when delivered. Subject to applicable law, Tambavale Pty Ltd / Brockenchack does not make any other warranty or representation about products on offer. In respect of any statutory warranty that Tambavale Pty Ltd / Brockenchack cannot exclude, subject to applicable law, Tambavale Pty Ltd liability is limited, at its option, to the replacement or re-supply of the products or a refund of the cost of the products. Notices to Tambavale Pty Ltd / Brockenchack: To notify Tambavale Pty Ltd / Brockenchack, call on (07 5458 7700) during 9am and 4pm AEST Monday to Friday (excluding public holidays) or email firstname.lastname@example.org or post a letter to “Tambavale Pty Ltd / Brockenchack, 13/102 Burnett Street, Buderim QLD 4556.”
Notices to visitors: Tambavale Pty Ltd / Brockenchack may notify a visitor to the website by email, a general notice on the website, or by other reliable method to an address previously provided to Tambavale Pty Ltd / Brockenchack by the visitor.
Governing laws: The laws in South Australia govern the use of the website and the supply of products.
Force majeure: Tambavale Pty Ltd / Brockenchack is excused from performing its supply obligations where and so long as prevented from doing so by reason of events beyond its reasonable control. Tambavale Pty Ltd / Brockenchack will endeavour to notify the buyer of the delay and its expected duration. If so prevented for longer than a reasonable time, Tambavale Pty Ltd / Brockenchack may elect to cancel the order without liability to the buyer.
Vouchers: If Tambavale Pty Ltd / Brockenchack issues a buyer a voucher to redeem against the future purchase of wine, the terms and conditions on that voucher apply and bind the holder of the voucher. Vouchers are non-transferable and may not be redeemed for cash.
Warning: Tambavale Pty Ltd / Brockenchack recommends that alcohol only be consumed in moderation. A case of wine is heavy, so extra care should be taken when lifting it. If you are concerned about the weight, transfer bottles 1 or 2 at a time. Red wine in particular may cause staining if spilt.
Cellarbrations Wises Road (Maroochydore, Qld) Vintec 30 Bottle Wine Fridge Competition:
September_ October_ November_December 2019
Competition Terms and Conditions
- The promoter is: Tambavale Pty Ltd T/A Brockenchack (ABN 86 636 796 734) whose registered office is at 8A/86 Burnett Street, Buderim QLD 4556.
- The competition will run in store at Cellarbrations Wises Road, Maroochydore, Queensland, from the beginning of trade on 16 September 2019, to the close of trade on 9 December 2019. After this date the no further entries to the competition will be permitted.
- The competition is open to residents of Australia aged 18 years or over, except employees of Brockenchack Wines, or employees of Cellarbrations Wises Road, and their close relatives and anyone otherwise connected with either organisation, or with the judging of the competition.
- There is a requirement to purchase any 2 bottles of Brockenchack wine in one transaction from the Cellarbrations Wises Road store, during the competition dates, to gain entry into this competition. Purchases must be made in store and in conjunction with Queensland’s liquor licencing laws. Online purchases are not eligible for this competition.
- Entry into the competition will be deemed as acceptance of all of these terms and conditions.
- The entrant’s name and phone number must be clearly written on the back of their purchase docket as proof of the purchase of at least 2 bottles of Brockenchack wines in one transaction.
- One entry per customer is allowed per day, if the transaction meets the competition requirements. Additional entries can be included for purchases made on other days that meet the competition requirements.
- No responsibility can be accepted for entries not received for whatever reason.
- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified in store by the promoter.
- The promoter is not responsible for the quality of the prize product, or any possible future malfunction of the prize product, or any issues which may arise around the operational use of the prize product, supplied by any third party connected with this competition. The promoter is not responsible for any contents that the winner may store in the prize product. No warranties or guarantees come with this prize product and by entering this competition, the winner agrees to use this product at their own risk and to the manufacturer’s recommendations.
- The prize is as follows: 1 x 30 bottle Vintec wine fridge model V30Sg2e, valued at approximately $600. The user manual can be found here.
- The prize is as stated and no cash or other alternatives will be offered. The prize is not transferable. The prize does not come with any wine. The wine bottles in the fridge shown on the promotional material are indicative only of how the prize product can be used. The prize is subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- The winners will be drawn at random on the 10th of December 2019, from all entries received and verified by the promoter and or its agents.
- The promoter absolves itself from any practices associated with Cellarbrations Wises Road store and the sale of alcohol, the carrying out of the competition or their drawing of the winner.
- The winner will be notified by phone within 7 days of the draw. If the winner’s details on the back of their docket are illegible or incomplete, another winner may be drawn at random. If the winner cannot be contacted or does not claim the prize within 14 days of notification (or make arrangements to collect the prize at a designated time which is agreeable to the store), we reserve the right to withdraw the prize from the winner and draw a replacement winner at random.
- The prize must be collected from the store at the winner’s expense. There is no delivery included with the prize. The promoter is not responsible for any injuries that may occur during the lifting or transportation of this prize.
- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.
- The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.