Terms and Conditions
This Agreement is a contract between the customer ("you") and Sunshine Creek Pty Ltd ABN 66 135 671 886 , 766 Burke Rd, Camberwell VIC 3124 Victoria.
All orders are processed and distributed by Sunshine Creek Pty Ltd ABN 66 135 671 886. Our offers are transmitted from our licensed premises at 766 Burke Rd, Camberwell VIC 3124 Victoria (Licence number 32055441);
Persons under 18 years of age are not permitted to place orders for alcohol.
sunshinecreek.com.au supports the responsible service of alcohol.
The terms and conditions under which you may purchase products from sunshinecreek.com.au are set out below.
Please read the following terms and conditions carefully before placing your order with sunshinecreek.com.au.
By completing the customer application process and using the sunshinecreek.com.au service, you acknowledge that you have read and understood these terms and conditions and agree to be bound by the terms and conditions of this Agreement.
- Interpretation
- The agreement
- Purchase orders & delivery of goods
- Risk & title
- Price of goods & payment
- Out of stocks & substitution
- Packaging & labelling of goods
- Licence
- Intellectual property rights
- Liability
- Security
- Notification of changes
- Privacy
- Termination
- Notices
- Promotions & Clearances
- Product Availability
- Miscellaneous
Interpretation
"Agreement" means an agreement between you and sunshinecreek.com.au to supply Goods. The Agreement consists of the Order and these Conditions.
"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, trade marks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise.
"Licensed premises " means Sunshine Creek Pty Ltd's licensed premises at 766 Burke Rd, Camberwell VIC 3124 Victoria.
"Order" means an order by you to purchase Goods from sunshinecreek.com.au.
"Personal Details " includes, but is not limited to your name, Delivery Address and payment details.
"Product List" means the list of Goods displayed on the sunshinecreek.com.au website as amended from time to time.
"Service Fee" means the fee payable to sunshinecreek.com.au in respect of delivery of the Goods and handling costs associated with processing your Order as advised by sunshinecreek.com.au from time to time.
The agreement
The entire Agreement between you and sunshinecreek.com.au for the purchase of Goods by you from sunshinecreek.com.au is:
(a) these Conditions; and (b) the terms of the Order.
The Agreement exists between you and sunshinecreek.com.au once sunshinecreek.com.au 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. Each order may be accepted by sunshinecreek.com.au in its absolute discretion. sunshinecreek.com.au is authorised to unconditionally appropriate the liquor to the Order at the Licensed Premises on acceptance of the Order. Each Order is a separate agreement.
If you owe money to sunshinecreek.com.au under one agreement, sunshinecreek.com.au may set-off that money against any money that you owe to sunshinecreek.com.au under another agreement. If sunshinecreek.com.au owes money to you under one agreement sunshinecreek.com.au may set-off that money against any money that it owes you under another agreement.
Purchase orders & delivery of goods
In order to purchase Goods from sunshinecreek.com.au, the Delivery Address which you nominate will need to be within a location where sunshinecreek.com.au provides delivery services. sunshinecreek.com.au will advise you if the Delivery Address which you nominate ceases to be in an area where sunshinecreek.com.au delivers goods. sunshinecreek.com.au 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 sunshinecreek.com.au delivers goods.
We deliver products Australia wide using Kings Transport. Shipping costs are influenced by the size and weight of the product and your location, exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.
Orders are dispatched within 2 business days and shipping times are estimated at between 3-7 business days depending on your location within Australia.
You will place an Order with sunshinecreek.com.au by:
(a) selecting Goods on sunshinecreek.com.au's website, entering your Personal Details and pressing the "submit for processing" button; or
(b) selecting Goods and instructing sunshinecreek.com.au by telephone that you wish to purchase the Goods, and providing your Personal Details to sunshinecreek.com.au; or
(c) selecting Goods and instructing sunshinecreek.com.au by facsimile that you wish to purchase the Goods, and providing your Personal Details to sunshinecreek.com.au; or selecting Goods and instructing sunshinecreek.com.au by regular mail that you wish to purchase the Goods, and providing your Personal Details to sunshinecreek.com.au.
(d) selecting Goods and instructing sunshinecreek.com.au by regular mail that you wish to purchase the Goods, and providing your Personal Details to sunshinecreek.com.au.
Anyone at the Delivery Address who receives the Goods shall be presumed by sunshinecreek.com.au to be authorised to receive the Goods on your behalf. sunshinecreek.com.au may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. sunshinecreek.com.au 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 or to persons who fail to provide proof of age satisfactory to sunshinecreek.com.au that the person is aged eighteen (18) years or over.
sunshinecreek.com.au 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 your behalf, 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.
The person responsible for delivering liquor may refuse to deliver the liquor to any person who fails to provide proof of age satisfactory to the person responsible that the person is aged eighteen (18) years or over.
If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered sunshinecreek.com.au may charge you and you may be required to pay an additional fee.
Risk & title
Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address.
For purchases made online – if the product you receive is tainted, damaged or you receive incorrect product* call us on 03 9882 0954 or camberwell@sunshinecreek.com.au within two weeks of receiving your order.
We will arrange to pick up the stock and organise a refund of the purchase price for tainted, damaged or incorrect product, and any subsequent bottles that are returned in their original condition or we will organise delivery of replacement product. Delivery costs will only be refunded if the product shipped is a result of our error. Please make sure that you include with the products the original packing slip and that the product is securely wrapped.
* Please note: where a wine vintage is not available another vintage maybe substituted.
Price of goods & payment
Subject to clause 6.2 the price you shall pay for the Goods shall be the price specified on the Product List. you also agree to pay the delivery and handling fee (when applicable) in respect of each Order and all taxes, including goods and services tax, which sunshinecreek.com.au is required to collect from you.
sunshinecreek.com.au's prices are subject to variation without notice. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.
(a) Payment of Order
You may use your credit card (MasterCard, Visa). Cheques, Money Orders and cash payments are not accepted as method of payment. Payment must be cleared before the goods are dispatched.
(b) Corporate Customer Account
You may make an application to set up a corporate customer account with sunshinecreek.com.au. If your application is accepted you will be required to sign sunshinecreek.com.au standard terms and conditions which will include details in relation to acceptable payment methods.
All transactions are processed in AUD
Out of stocks & substitution
sunshinecreek.com.au will not provide rainchecks in respect of Goods ordered by you.
sunshinecreek.com.au will use its best endeavours to ensure that all Goods ordered by you are supplied to you. If the goods ordered by you are not readily available in stock, whenever possible sunshinecreek.com.au will offer to you a comparable product of equal or greater value.
Packaging & labelling of goods
sunshinecreek.com.au 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 are for illustrative purposes only. sunshinecreek.com.au does not warrant the accuracy of information contained on the Product List and recommends that you read the label on Goods carefully before consuming the Goods.
license
You are licensed to use the sunshinecreek.com.au website on your computer for your use in purchasing Goods from sunshinecreek.com.au. You acknowledge that you are not permitted to make any other use of the sunshinecreek.com.au website unless given prior written authorisation by sunshinecreek.com.au.
Intellectual Property Rights
9.1 You acknowledge that sunshinecreek.com.au or its related corporations own or are licensed to use all Intellectual Property Rights in sunshinecreek.com.au (including, but not limited to, any images, photographs or text which appears on the website). You agree that you will make no representation to the contrary, and that you must not use or copy sunshinecreek.com.au in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
9.2 You acknowledge that any trade marks or logos which appear on the sunshinecreek.com.au website are owned by or licensed to sunshinecreek.com.au or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
Liability
10.1 You acknowledge that sunshinecreek.com.au service is provided "AS IS" and that sunshinecreek.com.au is not making and has not made any warranty or representation as to sunshinecreek.com.au's suitability of Goods for any particular purpose.
10.2 To the extent permitted by law, you agree that any liability of sunshinecreek.com.au 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 sunshinecreek.com.au will 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.
10.3 You agree that the entire risk arising out of installation, downloading, use or performance of sunshinecreek.com.au remains with you. To the extent permitted by law, you release and discharge sunshinecreek.com.au 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 sunshinecreek.com.au or this Agreement, including, without limitation, loss or damage caused by the negligence of sunshinecreek.com.au or its related corporations.
Security
When purchasing from Sunshine Creek Pty Ltd your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre info@sunshinecreek.com.au
If you are issued with a PIN or password by sunshinecreek.com.au you agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and forever indemnify sunshinecreek.com.au in relation to any liability howsoever arising out of the unauthorised use of your PIN or password.
Notification of changes
sunshinecreek.com.au may add to, delete, or otherwise change any of the terms of this Agreement. sunshinecreek.com.au will notify you of any substantial changes to these terms & conditions as provided in clause 15. Your use of the sunshinecreek.com.au service after notice will constitute your deemed acceptance of such changes.
Privacy
Sunshine Creek Pty Ltd is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on/sell/swap any of your personal details with anyone. We use this information to identify your orders, provide you with our monthly newsletter (if applicable) and to personalise your shopping experience with us; that's all. Sunshine Creek Pty Ltd uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from Sunshine Creek Pty Ltd only last while you’re browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable shopping experience.
Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its "IP address," and is sent automatically each time you access any Internet site. From a computer's IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.
We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
Termination
sunshinecreek.com.au may terminate this Agreement at any time by delivering notice (as specified in clause 15) or by sending you a system message advising that your shopping privileges have been removed. If this occurs, please contact the sunshinecreek.com.au on 03 9882 0954. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
Notices
sunshinecreek.com.au may give notice to you by electronic mail or by regular mail to your address contained in the membership registration information provided by you. You may give notice to sunshinecreek.com.au by electronic mail to camberwell@sunshinecreek.com.au.
Promotions & Clearances
All specials, promotions, clearances, offers and discounted items advertised on the sunshinecreek.com.au website are available only while stocks last unless otherwise advertised. All terms and conditions of specials, promotions, clearances, offers and discounted items advertised on the sunshinecreek.com.au website shall apply.
Promotions not available in all areas.
Please note each case of beer incurs a delivery charge. If you have included 2 or more cases of beer in your order, each case will incur a freight charge.
Product Availability
Due to liquor licensing restrictions on the sale of certain goods and during particular times in some locations, sunshinecreek.com.au reserves the right not to sell certain products to any person to which, or in any location where, the sale of certain products is restricted or prohibited.
Miscellaneous
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
The laws of Victoria govern this Agreement.