Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
This Agreement is a contract between “You”, the consumer and Nashvin P/L, trading as Cottontail Wines, (“cottontailwines.com.au”).
Persons under 18 years of age are not permitted
to place orders or purchase alcohol.
Liquor Act 2007:
It is an offence to sell or supply to or to
obtain liquor on behalf of a person under
the age of 18 years.
This agreement sets out the terms and conditions under which you may purchase products online from cottontailwines.com.au. Please read the following terms and conditions carefully before placing your order on cottontailwines.com.au. By completing the customer application process and using cottontailwines.com.au service, You agree to be bound by the terms and conditions of this Agreement.
> Functions & Events Conditions – Please scroll down to these conditions below
General Terms and Conditions
CONTENTS
1. Interpretation
2. The Agreement
3. Customer Application
4. Purchase orders and delivery of Goods
5. Risk and title
6. Price of Goods and payment
7. Out of stocks and substitution
8. Packaging and labelling of Goods
9. License
10. Intellectual property rights
11. Liability
12. Security
13. Notification of changes
14. Confidentiality of your information
15. Termination
16. Notices
17. Miscellaneous
18. Restaurant, Function and Event bookings terms and condtions
1. INTERPRETATION
In these Conditions: “Agreement” means an agreement between you the consumer and cottontailwines.com.au to supply Goods. The Agreement consists of the Order and these Conditions.
"Hirer", means the person or company (or their representative), making a booking or reservation for an event or dining for the restaurant
“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, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
“Order” means an order by You to purchase Goods from cottontailwines.com.au.
“Product List” means the list of Goods displayed on the cottontailwines.com.au Internet site as amended from time to time.
“Delivery Fee” means the fee payable to cottontailwines.com.au in respect of delivery of the Goods and handling costs associated with processing your order as advised by cottontailwines.com.au
2. THE AGREEMENT
2.1 What is the Agreement?
The entire agreement between You and cottontailwines.com.au for the purchase of Goods by You from cottontailwines.com.au is:
(a) these Conditions; and (b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between You and cottontailwines.com.au once cottontailwines.com.au receives and accepts an order. No obligation to sell or supply the Goods will arise until the order is received and accepted.
2.3 Each order or booking is a separate agreement.
3. CUSTOMER APPLICATION
3.1 Application to be completed
You must complete a customer application before placing an Order for Goods on cottontailwines.com.au. You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform cottontailwines.com.au if there is any change to this information or data.
3.2 Set up costs
You are responsible for any costs associated with accessing the cottontailwines.com.au site and placing orders for Goods on cottontailwines.com.au including any internet provider fees.
3.3 Delivery area
In order to purchase Goods from cottontailwines.com.au, the delivery address that You nominate will need to be within an area where cottontailwines.com.au provides delivery services.
cottontailwines.com.au will advise You if the delivery address, which You nominate, is not in the delivery area where cottontailwines.com.au delivers Goods. cottontailwines.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 cottontailwines.com.au delivers Goods.
4. PURCHASE ORDERS AND DELIVERY OF GOODS
4.1 Orders
All order placed via this website are at the discretion of Cottontail Wines.
4.2 Delivery of the Goods
cottontailwines.com.au will deliver the Goods to You at the delivery address during the authorised licensed trading hours. cottontailwines.com.au may obtain authorisation via fax or e-mail transmission to deliver Goods to the address supplied without obtaining a receipt of Goods delivered, if instructed to do so by the authorised order purchaser(You).
cottontailwines.com.au, will not take any responsibility for products that are delivered incorrectly or damaged. cottontailwines.com.au will take no responsibility for incorrect delivery details provided by You or any liability for Goods not received at the delivery address upon correct receipt of delivered order.
4.3 Authorised receipt of Goods
Anyone at the delivery address who receives the Goods shall be presumed by cottontailwines.com.au to be authorised to receive the Goods. cottontailwines.com.au may request that the person who receives the Goods at the delivery address provide satisfactory evidence of proof of age and sign his/her name for receipt of receiving the Goods. cottontailwines.com.au, (persons acting on behalf of (cottontailwines.com.au) in capacity of delivery courier) 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 of age. If the order specifies special instructions for delivery then cottontailwines.com.au and it’s subsidiary companies will adhere to those specific instructions to its ability within the bounds of legal and ethical ramifications. cottontailwines.com.au accepts no responsibility for incorrect delivery of Goods due to unlawful use of credit card, payment details. It is the purchasers, (You), responsibility that credit details and pass-codes are kept private and confidential to prevent any unlawful use.
4.5 Change of Delivery Address
If You the consumer fail to notify cottontailwines.com.au of changes to current delivery address upon receipt of Goods, cottontailwines.com.au is not to be responsible for incorrect delivery of Goods. You then are liable for all costs, return of Goods , transportation, and refunding of delivered Goods.
4.7 Delivery Time Frames
All delivery time frames quoted on this web site are a guide only and actual delivery times may vary. While we will undertake to deliver Goods ordered in a prompt and timely fashion, we take no responsibility for delays in delivery caused by our suppliers. By ordering on this site you acknowledge that a risk exists that an order will not be delivered within the time frame quoted.
5. RISK AND TITLE
5.1 Risk and Title
Risk in the Goods passes to You upon delivery of the Goods to the delivery address.
5.2 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have purchased, You may email cottontailwines.com.au via the contact page and a cottontailwines.com.au representative will assess Your request for a credit, replacement or refund of the purchased damaged or incorrect product in compliance with the Australian Consumer Law if you are a customer.
6. PRICE OF GOODS AND PAYMENT
6.1 Price of Goods
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 in respect of each Order.
6.2 Variation
cottontailwines.com.au’s prices are subject to variation on a daily basis. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.
6.3 Method of payment
(a) Payment upon delivery of Goods, You shall pay for the Goods at the time of sending your order. You may use your credit card (Bankcard, MasterCard, Visa card, and American Express). cottontailwines.com.au does not accept cash payment for the Goods for online transactions.
(b) You may make an application to set up a corporate customer account. Upon acceptance of your application You will be required to sign terms and conditions, which will include details of acceptable payment methods.
7. OUT OF STOCKS AND SUBSTITUTION
7.1 No credits.
cottontailwines.com.au will not provide credits in respect of Goods ordered by You.
7.2 Substitution policy
cottontailwines.com.au will use its best endeavours to ensure that all Goods ordered by You (and any agreed substitutes) are supplied to You. In the event that Goods ordered by You are not available cottontailwines.com.au will whenever possible offer you a comparable product at equal or greater value.
8. PACKAGING AND LABELLING OF GOODS
cottontailwines.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 may differ from the Goods actually supplied to You. cottontailwines.com.au does not warrant the accuracy of the information contained in the product list and recommends that You read the labels on Goods carefully before consuming the Goods. All information, labelling, text, graphics, pictures, logos, and any other form of advertising including bottles and company logos are deemed public assess and are available to consumers from product bottle descriptions and merchandise readily available upon purchase of the respective product. cottontailwines.com.au accepts no liability for incorrect information or picture graphics supplied and does not represent the companies or distribution companies associated.
9. LICENCE
9.1
You are licensed to install cottontailwines.com.au on your computer for Your use in purchasing Goods from cottontailwines.com.au. You acknowledge that you are not permitted to make any other use of or copyright information, text, or graphics from cottontailwines.com.au unless given prior written authorisation by cottontailwines.com.au.
9.2
In accordance with Liquor Act 2007 – it is an offence;
To supply alcohol to a person under the age of 18 years
For a person under the age of 18 years to purchase or receive liquor
A maximum court imposed fine of $2,200, or an on-the-spot penalty of $220, applies to a licensee for these offences.
You may only use this website if You are aged 18 years or over, or otherwise over the legal drinking age in Your country of residence. Please immediately exit this website if You do not meet these requirements.
LIQUOR LICENSE - PRODUCER/WHOLESALER #LIQW824014309
10. INTELLECTUAL PROPERTY RIGHTS
10.1
You acknowledge that cottontailwines.com.au and its related companies own or are licensed to use all Intellectual Property Rights in cottontailwines.com.au (including, but not limited to, any images, photographs or text, which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy cottontailwines.com.au in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You agree to indemnify cottontailwines.com.au and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys’ fees) that may arise from your submissions, and from your unauthorised use of material obtained through cottontailwines.com.au, from your breach of this Policy, or from any such acts arising through your use of cottontailwines.com.au.
10.2
You acknowledge that any trademarks or logos which appear on the cottontailwines.com.au site are owned by or licensed to cottontailwines.com.au or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
11. LIABILITY
11.1
You acknowledge that cottontailwines.com.au is provided “as is site” and that cottontailwines.com.au is not making and has not made any warranty or representation as to cottontailwines.com.au’s suitability for any particular purpose. You agree that in using cottontailwines.com.au, You are not relying on any statement or representation made by cottontailwines.com.au that is not expressly contained in this Agreement.
11.2
You agree that any liability of cottontailwines.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 cottontailwines.com.au (other than a condition or warranty implied by legislation which does not permit cottontailwines.com.au ‘s suitability to be limited as stated in this clause 11.2) will, at the election of cottontailwines.com.au be limited to:
(a) if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods;
(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.
11.3 You agree that the entire risk arising out of installation, down loading, use or performance of cottontailwines.com.au remains with You. To the extent permitted by law, You release and discharge cottontailwines.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 cottontailwines.com.au or this Agreement, including, without limitation, loss or damage caused by the negligence of cottontailwines.com.au or its related corporations.
12. SECURITY
You agree to take responsibility for the safekeeping of your credit details and pin codes. You are liable if any unauthorised persons use your Credit Card and pass-codes. You agree to release and indemnify cottontailwines.com.au in relation to any liability arising out of the unauthorised use of your credit card and pass-codes.
13. NOTIFICATION OF CHANGES
cottontailwines.com.au may add to, delete, or otherwise change any of the terms of this Agreement without notice. Your use of the cottontailwines.com.au services will be bound by the Terms and Conditions, prices, and other information present on the date of your use.
14. CONFIDENTIALITY OF YOUR INFORMATION
cottontailwines.com.au reserves the right to disclose information regarding cottontailwines.com.au members and use of the cottontailwines.com.au service to third parties providing that the information will not specifically identify You or any personal information supplied by You. cottontailwines.com.au also reserves the right to disclose information regarding cottontailwines.com.au members and use of the cottontailwines.com.au service, including personal information if we consider it necessary to comply with law or to protect the rights and property of Cottontail Wines or others.
15. TERMINATION
cottontailwines.com.au may terminate this Agreement at any time by delivering notice (as specified in clause 16) or by sending You a system message, (e-mail notification) advising that your shopping privileges have been removed. If this occurs, please contact cottontailwines.com.au
Termination of this Agreement shall be effective on the day notice is received and recorded or such later date as specified in the notice.
16. NOTICES
cottontailwines.com.au may give notice to You by electronic mail or by conventional mail to your address contained in the membership registration information, provided by You.
17. MISCELLANEOUS
17.1 Provisions are severable.
Each provision of this Agreement (including these Conditions) is severable. Severance does not affect any other provisions.
17.2
New South Wales Liquor Law applies to cottontailwines.com.au.
18. RESTAURANT BOOKINGS, FUNCTION AND EVENTS TERMS + CONDITIONS
Please note: a booking form, venue hire payment and photography deposit must be completed to secure the date for all weddings, no exceptions. A booking form must be completed to secure the date for all restaurant bookings, no exceptions.
TERMS + CONDITIONS
Your booking with Nashvin Pty Ltd (trading as Cottontail Wines) is subject to the following terms and conditions;
PLEASE NOTE: a booking form, venue hire payment, photography deposit and signed terms + conditions must be completed to secure the date for all weddings. A booking form and venue hire payment (where applicable) will be required to secure all dates for restaurant bookings.
PROVISIONAL BOOKINGS
1.1 A booking will be held for a period of seven days only, after which time the booking can be released by Cottontail Wines and the room made available to other interested parties. It is your responsibility to contact Cottontail Wines to ensure security of booking.
PUBLIC HOLIDAYS
1.2 A minimum surcharge of 15% will apply to any days gazetted as a Public Holiday in New South Wales. Any prices quoted for Functions or Events are subject to the Public Holiday Surcharge.
BOOKING
1.3 Upon confirmation of booking the client must agree with the company a guaranteed minimum number of guests and menu choice.
PRICE/PAYMENT
2.1 Cottontail Wines will require the client to pay the total venue hire fee on confirmation of booking. This fee is non-refundable.
2.2 A payment request for the total charge of an event will be issued by the company for the total balance payable, which must be settled by the client within seven (7) days prior to the event. Should the payment request be outstanding more than seven (7) days from the date of the request or remain outstanding on the date of the event, Cottontail Wines may treat the confirmed booking as being cancelled by the client. Cottontail Wines reserves the right to retain any payments previously made by the client in relation to the specific event.
2.3 Any payment request or invoice issued by Cottontail Wines will be payable within seven days of receipt. All payment requests and invoices must be paid in full without any set off whatsoever.
2.4 Cottontail Wines reserves the right to charge interest at the rate of 0.75% per month on all overdue amounts.
CANCELLATION/CHANGE OF DATE
Restaurant Cancellation Policy.
3.1 A credit card & expiry date will be requested to confirm & guarantee any restaurant booking by the "Hirer". Please note that a cancellation fee of $5.00 per adult and per child (under 12), may be applied to any booking that does not give at least 24 hours cancellation notice via email to our info@cottontailwines.com.au email address, & will be paid by the "Hirer".
3.2 In the event that Cottontail Wines receives written notice cancelling the confirmed booking from the client, the client shall pay to Cottontail Wines a cancellation fee calculated as follows:
3.2.1 The venue hire fee is non-refundable per clause 2.1.
3.2.2 The total charge outstanding if notice of cancellation is received by Cottontail Wines less than 14 days prior to the commencement of the event.
3.2.3 50% of the total charge outstanding if notice of cancellation is received by Cottontail Wines between 28 days and 14 days prior to the commencement of the event.
3.2.4 30% of the total charge outstanding if notice of cancellation is received by Cottontail Wines between 56 days and 28 days prior to the commencement of the event.
3.2.5 Cottontail Wines reserved the right to retain any payments made prior to 56 days to the commencement of the event.
3.3 In the event that the client reduces the number of guests to below the agreed guaranteed minimum, then cancellation charges to the value of the reduction shall apply as detailed in clause 3.1.
3.4 In the event that the client cancels a booking that the company has made on its behalf, for entertainment, car hire, accommodation, equipment or otherwise, all cancellation charges shall be met by the client.
3.5 In the event that the client requests a change of date, it is subject to approval by Cottontail Wines. Any price increases between the original confirmation of event date and the request of date change, the client will pay the difference.
FINAL NUMBERS
4.1 The client must notify Cottontail Wines, in writing, of its estimated final numbers to the nearest ten (10) guests fourteen (14) days before the commencement of the event; and
4.2 Final numbers of guests must be given seven (7) working days before commencement of the event. If this is not done, the client will be charged for the last number the company received, the guaranteed minimum or the actual number of guests whichever is greater.
4.3 Cottontail Wines cannot guarantee to supply service to the numbers of guests arriving at an event in excess of those agreed as guaranteed minimum numbers.
4.4 Cottontail Wines requires a minimum total spend of $5000.00 including venue hire, food, and drinks to hire the venue from 10am till 11:45pm.
COMPLIANCE
5.1 The client shall be responsible for the orderly conduct of the event and shall ensure that nothing shall be done which may constitute a breach of the law or in any way cause a nuisance or be an infringement of or occasion or render possible forfeiture or endorsement of any license for the sale of alcohol or for music and dancing. Failure to do so shall entitle Cottontail Wines to require the offending individual(s) to leave the event and shall constitute a breach of these Terms and Conditions Of Trading.
DAMAGE
6.1 The client will be responsible for any damage to the property of Cottontail Wines caused by it or its guests during the event. The clients valid credit card number and expiry date are to be given at the time of booking. All damages will be charged to this credit card with a 1% surcharge for all EFTPOS payments and 1.5% surcharge for all AMEX payments.
6.2 Glitter, confetti, rice and similar materials are prohibited and a cleaning charge of $150.00 will apply for any debris. Should the premises be left in an unacceptable state, a cleaning fee may also be charged to the credit card provided at the time of booking (or an updated one if the credit card details expire).
6.3 Any damage or excessive cleaning fees will be charged at the conclusion of the client’s event.
INDEMNITY
7.1 The client shall indemnify Cottontail Wines and its directors, officers and employees against all charges, claims, damage, liabilities, proceedings, demands, fines, fees, costs, or expenses (to include legal expenses on a solicitor and own client basis) including but not limited to, loss or goodwill, loss of profit and loss of opportunity suffered by the company directly and indirectly as a result of any breach of these terms and conditions of trading and/or the negligence of wilful default of the client or any of its guests.
GENERAL
8.1 Cottontail Wines may rescind its contract with the client if it is prevented, hindered, or delayed from performing any of its obligations under the contract by a Force Majeure Event.
8.2 Cottontail Wines is available from 10am on the day of the client’s function until 11:45pm if hired for the entire day subject to Clause 4.4. Cottontail Wines is available during the agreed upon hours for venue hire payment outside of Clause 4.4. (usually 11:30am till 3:30pm or 6pm till 10pm).
8.3 Any delivery or collection of goods must be prearranged with Cottontail Wines. Cottontail Wines must be notified of any external changes made to the premises and will need written consent from Cottontail Wines before making such changes.
8.4 Cottontail Wines is available for the booked date only to the client and external contractors associated with the client’s event unless prearranged. i.e. wedding decorations can be set up between 10am and 12pm on the date of the client’s event and must be taken away at 11:30pm on the same date, no exceptions.
8.5 Any private property left outside (i.e guest cars or hired arbour) must be picked up at 10am the following day, no exceptions.
8.6 Cottontail Wines reserves the right to make changes to food menus and beverage menus up to one month in advance to the date of the event due to unforeseen produce complications or extreme alcohol price increases.
EXTERNAL CONTRACTORS
9.1 Cottontails Wines reserves the right to include external service providers (i.e. entertainment, DJ, photographers, decorators) as the client’s responsibility. Cottontail Wines is not responsible for the behaviour or co-ordination of these peoples and they must agree to the same Terms And Conditions Of Trading to attend Cottontails Wines.
9.2 Clients must ensure that all external contractors hired have all necessary license and approvals to undertake the relevant activity. Clients must also obtain Cottontail Wines written consent before any third-party goods, equipment or food/beverage items are brought onto its premises.
PHOTOGRAPHY FOR WEDDINGS
9.3 Cottontail Wines gives the client access to its grounds for photography use (keeping a 10-meter perimeter around any private housing). Cottontail Wines have the right to request that up to 6 photos taken showing our venue or property grounds are supplied for our use (external contractors are not included). This may include any marketing or social media requirements. A $300.00 photography deposit is required at the time of booking and will be refunded once photos are received.