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.
Introduction
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.
The Website
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.
Copyright
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.
Privacy:Visitors' privacy is important to Tambavale Pty Ltd. No complete credit card details are retained on our website. Credit card details are retained by our payment gateway providers Payrix. Payrix takes security very seriously, as do we. Payrix maintain a highly secure, reliable and resilient technology infrastructure backed by industry approved encryption and firewall protection to ensure all data stored on our network is secure. Since commencing activities in 2010, Payrix has proudly held level 1 PCI-DSS compliance as well as an Australian Financial Services licence to give you peace of mind that your data is safe. Access to the customer database within Tambavale Pty Ltd / Brockenchack is restricted. Tambavale Pty Ltd / Brockenchack does not sell, rent, trade or rent personal information. By providing their details to Tambavale Pty Ltd / Brockenchack on the website, a visitor consents to Tambavale Pty Ltd / Brockenchack maintaining, recording, holding and using that information to process their orders, to improve the service to customers and to inform the visitor of promotions. If a visitor has any questions regarding privacy, please notify Tambavale Pty Ltd / Brockenchack. For more details on privacy, please refer to ourPrivacy Policy.
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 up to 12 bottles 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 info@brockenchack.com.au or post a letter to "Tambavale Pty Ltd T/A Brockenchack Wines, 8A/86 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.
