- Ordering and Booking through the website
- Personal information
- Address for delivery
- Delivery pre-conditions
- Delivery times
- Cancellations by us
- Cancellations by you
- Delivery records
- Risk
- Title and place of supply
- Website Content
- Wine Club Reservations Subscription
- Disclaimer
- Promotions
As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use.
1. Ordering and booking
When placing an order or booking on our website, you confirm that all the details that you have provided are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
2. Personal information
Balnarring Batards Pty Ltd trading as Eldridge Estate (ABN 23 659 901 685) collects your personal information when you place an order, join one of our wine memberships or make a booking with Eldridge Estate. Our Privacy Policy provides details of how we collect, use and disclose your personal information, how you can access your personal information or raise a complaint about the management of your personal information.
3. Address for delivery
You agree that the address to which we may deliver is the address you gave for delivery as part of your order or any other address we may subsequently agree to accept as the delivery address.
We will not deliver unless all requested delivery details are given when you place your order.
4. Delivery pre-conditions
- It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. 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.
We will not deliver your order if we consider any delivery circumstances are unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable to accept delivery for any reason (including because they may be under 18 years). We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
- You must not purchase any products from us for the purposes of resale to any third party. If we have a concern with the quantity of products you have ordered from us or that you may be otherwise purchasing products for resale, we may contact you when you place the order or within a reasonable time after you submit your order to obtain further information. We also reserve the right to cancel your order if we believe in our reasonable opinion that you have purchased products for resale purposes.
5. Delivery times
We use Australia Post for delivery and so have no control over delivery times.
6. Cancellations by us
We may cancel your order before completion of delivery in whole or in part. We may do this even if we have received payment from you or have sent you a tax invoice. We will give you reasonable notice of the cancellation by contacting you via phone, text, or email. The circumstances in which we may cancel your order are as follows:
- if any of the ordered products are not available
- if there was any error in the description of any ordered products or their price as advertised by us
- if your order is in breach of any other terms, or contrary to any person’s rights or the law
- if these terms and conditions provide that we will not or may not deliver your order, in which case the delivery fee will be deducted from your refund.
7. Cancellations by you
You agree that you cannot make changes to an order after it has been placed. If you wish to cancel your order so that you may place another amended order, please get in touch by phone.
If we agree to cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, the ordered products being in their original condition and packaging, and for you to agree to pay an amount we request on account of our reasonable costs of processing the return and cancellation.
If your order has already been dispatched and is on its way to you, every attempt will be made to accommodate your request. However, no guarantee can be given once an order has been placed. If you have requested a cancellation but your order has already arrived, we may still be able to arrange a return. Please get in touch via phone. Conditions apply, please review our Returns & Refunds Policy
8. Delivery records
We may record all details relating to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph of the completed delivery. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, and complying with record keeping requirements under liquor licensing laws and law enforcement.
9. Risk
You agree that risk of loss or damage to products relating to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).
10. Title and place of supply
You agree that title to the products you purchase (and the place of our supply of those products to you) occurs at the place where we dispatch the products to your order. We do not supply alcohol to you from places which are not licensed under applicable alcohol licensing laws, even though such other places may be the delivery location. Immediately on us making a refund to you for any products (less any amount you have agreed we may deduct, for example under “Delivery returns/non-collection” or “Cancellations” above) you agree that the title in those products shall pass back to us.
11. Website Content
Content Terms
The materials (including all software) and services on this website are provided “as is” without warranties of any kind. This includes warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on this website should be construed to alter such agreements.
We do not warrant the accuracy and completeness of the materials, information or services on this website.
We may make changes to the materials and services on this website, or to the products and services described in them, at any time without notice. The materials and services on this website may be out of date, and we make no commitment to update the materials and services on the website.
Information published on this website may refer to products, programs or services that are only available in Australia.
12. Wine Club Reservations Subscription
Automatic Delivery
If you have subscribed to a wine club subscription, we will regularly send you a case of selected wines in line with the subscription you signed up to.
Delivering Of Your Wine Club Wines
Two weeks prior to dispatch of each wine club release we will notify you of your specific details and when you can expect your credit card to be charged prior to each delivery. Your wine will be delivered to the address we have on record for you. Please ensure that the contact details we hold on record for you (address and email address) are up-to-date.
Altering or Cancelling
You may skip any scheduled delivery or cancel your wine club subscription by calling us on 0458 844 753 between 9:00am – 5:00pm AEST Mon – Fri. If you wish to skip or cancel your upcoming delivery, you must do so prior to the deadline indicated in your delivery notification.
If you don’t notify us by the date stated in your notification, we will dispatch your wine to you and charge your credit card in line with your subscription. If you have received wine and do not wish to retain it, please call us on 0458 844 753 and we will happily accept your return and provide you with a full refund subject to our Returns and Refund Policy.
We may make changes to our wine club subscription from time to time. If these changes affect you we will notify you in advance.
13. Disclaimer
Liability Disclaimer
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
- You acknowledge that our sites (including this website and all mobile applications) are provided “as is” and that we do not make any warranty or representation as to the suitability of the sites, anything (including content and websites) to or from which the sites are linked or any product for any purpose;
- The content of the sites and all content to or from which the sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;
- We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the sites are linked;
- We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;
- Risk of loss or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and
- Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example under the “Delivery returns/non-collection” or “Cancellations” sections in our delivery terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it, is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
14. Promotions
Promotional Voucher Codes
- Promotional vouchers can not be exchanged for cash
- Used in conjunction with one another
- Re-used on another transaction, or
- Partially used across multiple orders
