TERMS AND CONDITIONS
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.
When placing an order with Fossey Wines via the website or via phone with our Customer Service Team, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over and the delivery address is in Australia. If you do not confirm that you are 18 years and or over, your order will not be processed.
If wine has been sent without payment you will have entered into an electronic contract and will receive a PayPal invoice via email. On receiving the wine you have 3 full business days to pay for the wine. If you would like to pay for the wine by bank transfer or cash deposit please email or call 08 7200 4000. Failure to settle your account in a timely manner or agree a payment schedule with Fossey Wines may result in your details being passed to a licenced debt collector and effect your credit score
Fossey Wines uses the specialised wine delivery network at Australia Post to deliver your goods. Delivery can occur within 5-7 days but may take up to 10 depending on the overall pressure on the delivery network at that particular time and your proximity to major centres
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.
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 may be 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 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.
We will endeavour to deliver within the times nominated and paid for by you at the time of your order. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.
If having commenced delivery of your order, we return any ordered products to our supplier, or courier's secure storage facility, while we will refund the amount paid by you for those products (in the absence of an arrangement with you for re-delivery), you agree that we may deduct an amount from this refund amount on account of the costs incurred by us in returning the relevant products to our supplier. You agree that we may make such deduction where we were unable to deliver due to circumstances beyond our reasonable control (including because of the wrong address appearing to us to have been given) or where we did not complete delivery because of any of the "Delivery preconditions" above not being met.
You may email us about any non-delivery the "contact us" facility on or by telephoning our Customer Service Team on 08 7200 4000.
Our returns policy is in addition to your rights under the Australian Consumer Law because we want you to be happy with your purchase. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.
Change of mind returns
If you wish to return an item because you have changed your mind about your purchase, you need to contact our Customer Service Team on 08 7200 4000 or to receive our returns procedure via email.
Fossey Wines, will offer you an exchange voucher or refund provided that:
You return the item within 28 days of purchase;
The item is in re-saleable condition including that:
- It is in its original packaging
- Only two bottles per type shipped within the order has been opened
If these requirements are not satisfied Fossey Wines, reserves the right not to offer an exchange voucher or refund for change of mind returns.
Fossey Wines, will honour a refund for the remaining bottles plus the full amount of the postage cost back to us.
We may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. Any such cancellation shall be by giving you such reasonable cancellation notice as we are able to provide via any of the contact details we have for you. The circumstances in which we may cancel your order are if:
any of the ordered products are not available;
there was any error in the description of any ordered products or their price as advertised by us;
your order is in breach of these or any other relevant terms and conditions or is contrary to a person's rights or to any law; or
these terms and conditions (for example under "Delivery preconditions" above) provide that we may not deliver your order.
You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact our facility on or by telephoning our Customer Service Team on 08 7200 4000. Please review our Customer Service Team's trading hours before calling as the hours may vary depending on the day of the week and the time of year.
If we agree to you changing or cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, to the ordered products being in their original condition and packaging and to you agree to pay an amount we request on account of our reasonable costs of processing the change or cancellation.
We may record all details of and incidental to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, complying with record keeping requirements under liquor licensing laws and law enforcement.
You agree that risk of loss of 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).
Title and place of supply
You agree that title to the products you buy from us (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 at 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 title in those products shall pass back to us.
We may notify you of delivery conditions relating to your particular order at or before the time of processing it.
You may obtain further information about delivery by contact our facility on or by telephoning our Customer Service Team on 08 7200 4000.
Changes to Terms and Conditions (including delivery charges)
Fossey Wines terms and conditions, including these and the terms and conditions at may change or be suspended or terminated from time to time. These changes may relate, amongst other things, to our delivery charges. We will give advance notice of any such matters on www.fosseywines.com.au. Continuing to use any Fossey Wines facilities, including using or ordering from after the period of advance notice has expired will be deemed acceptance of the amended terms and conditions.
Free Delivery only applies to products purchased online or over the phone through the call centre.
Fossey Wines supports the Responsible Service of Alcohol (RSA)
Products are not available to under 18's.
It is an offence to sell or to obtain liquor on behalf of a person under the age of 18.
Credit/Debit Card Security Policy
When purchasing from Fossey Wines, card details are transmitted through secure merchant services. Card data is not hosted by Fossey Wines, after processing
The materials (including all software) and services at this site are provided "as is" without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Fossey Wines obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.
Fossey Wines further does not warrant the accuracy and completeness of the materials, information or services at this Site.
Fossey Wines may make changes to the materials and services at this Site, or to the products and services described in them, at any time without notice. The materials and services at this Site may be out of date, and Fossey Wines makes no commitment to update the materials and services at this Site.
Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Fossey Wines business contact for information regarding the products and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
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) ("Sites") 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 of 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.