Terms & Conditions
About this Website
This website www.nillahcootieestate.com.au is operated and owned by YERRIN PTY LTD (ABN 15 760 649 131) trading as NILLAHCOOTIE ESTATE with the principal place of business at 21 Beaufort Street, Preston, Victoria 3072. Sales of alcohol made through this website are made under Victorian Liquor License No. 31951880. It is against the law for us to sell or supply alcohol to a person under the age of 18 years.
Please read these Terms and Conditions carefully before accessing or using the website. By using and accessing this website (and/or in placing an order with us), you agree to comply with and be subject to all of the following terms and conditions.
Nillahcootie Estate may vary these Terms and Conditions at any time by posting the amended terms on this website. The amended terms and conditions will automatically apply from the date of posting. Your continued use of this website after that time will be deemed to be acceptance of those amendments.
Nillahcootie Estate is committed to providing all our customers with quality goods. In addition, our products come with guarantees that cannot be excluded under the Australian Consumer Law.
Our returns policy is set out below.
By placing an order, you confirm that all the details you have provided in completing the order are true and correct. Your order will not be processed unless you verify that you are over 18 years of age. (Your contract of sale will be with Nillahcootie Estate ABN 15 760 649 131 under Liquor Licence No. 31951880.)
Your order can be reviewed at any time during and before you “checkout” your shopping cart. It is our usual practice for you to be notified if any products are out of stock before we process your order.
Nillahcootie Estate does not sell to customers outside Australia.
All prices quoted on this website are subject to change without notice.
The quoted price includes GST, but does not include the delivery fee (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the delivery fee.
Prices are stated in (AUD) Australian Dollars and may be per bottle or per case (12 bottles) as applicable.
The total amount payable for your order (including the product price, GST and applicable delivery charges) will be deducted from your credit card when you place your order. Delivery will not commence until payment has been processed/validated. Nillahcootie Estate accepts payment by Visa and MasterCard through Pin Payments. Credit card details are processed using SSL encryption and are not stored or accessible by Nillahcootie Estate.
Nillahcootie Estate uses the specialised wine delivery network at Australia Post to deliver your goods.
This service requires a signature upon delivery for security purposes. You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose. The products will not be delivered to persons under the age of 18 years. Your order may not be delivered if requests for verification (such as proof of identity or age) are not met.
Australia Post delivers Monday to Friday between the hours of 9am - 5pm. Please note that we cannot accept instructions to contact you regarding exact delivery times as Australia Post drivers are unable to call before delivery. If the person accepting the delivery is out and there are no specific delivery instructions, Australia Post will leave a card notifying you to collect the package at the nearest Post Office. The Post Office keeps your parcel for a maximum of 14 days.
Risk and title in the products are passed onto you upon delivery to the delivery address or collection point. This includes unattended designated locations (or where the designated location is attended by a person who incorrectly claims to be acting on your behalf).
A case of wine is heavy and can weigh upwards of 18kg. If the case cannot be lifted we strongly recommend removing bottles individually in order to avoid injury.
You accept the risk that occasionally due to circumstances we have not foreseen, delivery times may be longer than anticipated.
Please contact us if your delivery does not arrive as expected.
We may cancel your order before delivery in whole or in part, and an appropriate refund will be provided. Any such cancellation shall be by giving you such reasonable notice as we are able to provide. The circumstances in which we may cancel your order include:
- Any of the ordered products are unavailable
- There was an error in the description of the ordered products or their price on our website
- Your order is in breach of any of these Terms and Conditions or any law
- Australia Post does not offer delivery services to your area.
You agree that you may not change or cancel an order after it has been placed. However, if we agree to such a change or cancellation, we may do so subject to whatever conditions we believe to be reasonable in the circumstances.
Under the Australian Consumer Law, you are entitled to a replacement or refund for a major failure. You are entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services provided by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
Without excluding, restricting or modifying the rights to which you may be entitled under those consumer guarantee provisions, it is our policy to provide a replacement or refund (at our discretion) on bottles, broken, corked, oxidized, or otherwise not fit for purpose, not of merchantable quality or not consistent with our detailed tasting notes when they are delivered. Where applicable, we will provide a refund shortly after the returned wine arrives at our warehouse. All packaging and return postage is at the customer’s expense unless otherwise agreed in writing.
The following conditions for refund apply:
- If the product is unacceptable for any reason other than breakage, the remaining content of the offending bottle must be returned to our warehouse
- Claims for broken or damaged goods must be reported within 24 hours of delivery
- All other requests for returns for refunds, credit or exchange must be made within 30 days of delivery
- Any wines returned must be in the original box, or equally securely packaged, to avoid any further breakages.
Where we refund the amount of your order, you agree that the refund is the total amount of our liability to you for all circumstances relating to the refund.
If your purchase incurred a delivery fee, then we will cover the cost of the initial delivery if we are at fault. That is, if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or we have breached a consumer guarantee. In all other circumstances, including if we agree to accept a return for change of mind, the delivery charge will be deducted from your refund.
Discount Codes are not legal tender. Unused portions of a Discount Codes value will only be available to you as credit in your account. Discount Codes are not redeemable for cash. Discount Codes are only usable once unless otherwise stated. Nillahcootie Estate is not responsible for lost or stolen Discount Codes. Discount Codes expire 1 (one) month after issue unless otherwise stated.
Liability and Disclaimer
Under no circumstances shall we be liable to you or to any other person or entity in any way, whether arising under contract, tort, or otherwise, for damages of any kind arising from the use of this website or our services, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from your use of, inability to use, this website or our services.
We do not warrant the accuracy and completeness of materials, information or services at this website. We may make changes to the materials and services at this website or to the products and services described on it, without notice. We do not guarantee the continued and uninterrupted operation of the website or our services.
If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and our liability shall be limited to the greatest extent permitted by law.
All content on this website, including all copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs and other intellectual property, is our property or used under licence from a third party. Any improper use including reproduction, modification, distribution, transmission, republication or display of content on this website is strictly prohibited.