WEB SITE TERMS OF USE AND CONDITIONS OF SALE
ENDEAVOUR VINEYARDS PTY LTD TRADING AS AMBIENT AUSTRALIA

In this policy, the expressions we, us, our and Ambient means Endeavour Vineyards Pty Ltd trading as Ambient Australia.

1. Terms of Use

Acceptance of Terms
When you access the Ambient website you are governed by these terms of use. If you do not accept these terms and conditions, you must refrain from using the website.
By accessing, browsing and using our website you acknowledge that you have read and understood and accept these Terms of Use. We suggest you periodically re-visit these terms of use as they may be changed from time to time.

Copyright and intellectual property
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

• Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• Commercialise any information, products or services obtained from any part of this website;

without our written permission.
Intellectual property displayed on this website (including copyright material and registered or unregistered trade marks) may be owned, registered or licensed to third parties. You must not infringe the intellectual property rights of any third party through your use of this website. You agree to indemnify us for any claims made against us by a third party for infringement of their intellectual property.

Privacy Policy
Any information provided to our website will be treated in accordance with our Privacy Policy.

Website disclaimer
This disclaimer set out in the Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Your use of the website is at your own risk and we disclaim all responsibility and all liability (including without limitation, liability in negligence, contract, breach of statutory duty or otherwise) for all expenses, losses, damage and costs you might incur as a result of using the information included on this website in any way for any reason. We do not warrant that the website will be free of infections by viruses or any other manifesting, contaminating or destructive properties. Nor is any undertaking given that the website will always be available when an attempt is made to access it.

Whilst the website makes reference to Ambient products and services, Ambient gives no guarantee that the products or services will be available at all times. You will be notified as soon as possible if this is the case.

This website provides links to other websites. These external information sources are outside our control. It is the responsibility of users to make their own decision about the accuracy, currency, reliability and correctness of information found. We do not necessarily endorse any company or organisation linked to or from this website. We accept no responsibility for any information that may appear on any linked websites.

You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these terms and conditions.

Security of Information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law
These terms and conditions are governed by the laws in force in the State of Victoria, Australia.

Entire Agreement
These terms of Use embody the entire agreement between Ambient and yourself concerning the access to and use of the Website.

2. Conditions of Sale

Orders
By placing an order through this website, you are making an offer to purchase the products selected in accordance with these conditions of sale.
Within 2 days of receipt of your order, we will at our discretion accept or reject your offer to purchase. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer to purchase the goods or services for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non acceptance of that offer. If we have not responded to you within 5 days, your offer will be deemed to be rejected.

We give no undertaking as to the availability of products advertised on this web site.

All prices are in Australian dollars. Payment must be effected in the manner described on the web site. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.

Payment must be made at time of transaction. Payment can be made via Visa or Mastercard only….

You will receive a confirmation tax invoice by return email once the transaction has been processed and your credit card payment approved. The invoice will show the prices for the items you have ordered, including relevant GST if applicable, and will also include the delivery charge specified on this website.

The data registered by you on this website shall constitute full proof of the transaction, including payment.

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon delivery.

Cancellation due to error
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

Postage and Delivery
A delivery fee of $14.95 applies to all orders.

Delivery will be made via express mail service to the address or post office box specified by you when placing your order. A signature is required on delivery; if no-one is available to sign for the parcel it will be re-directed to the nearest post office and a card left in your letterbox advising of this. Please allow approximately 5 business days for delivery of goods. Please note that delivery may take longer than 5 business days due to stock unavailability and delays beyond our reasonable control.

It is the Customer’s responsibility to verify the quantity and condition of the products upon delivery. The Customer must notify Ambient within 24 hours of receipt of your order if any items are damaged or faulty in order to make a claim.

Without exception all refunds will be transacted through the original credit card used. All returns should be sent with your order number to:

Ambient c/o Bam Wine Logistics Pty Ltd
22-28 Bam Wine Court
Dandenong
Victoria 3175

Limitation of Warranty
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Conditions of Sale is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

Overseas customers
Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.