Terms and Conditions of Walsh & Sons

This Agreement is a contract between the customer (“You”) and Walsh & Sons ABN XXX (“Walsh & Sons”), registered office 1705 Jindong Treeton Rd, Osmington WA 6285. All orders are processed and distributed by Walsh & Sons (Australia).

Purchases of alcohol products made through walshandsons.com.au are made under:
WA License No. 6160144031. Type of license – Wholesalers License. Name of licensee – The Burnside Winemakers.

Address – 1705 Jindong Treeton Rd, OSMINGTON, WA 6285. Telephone number – (08) 6254 6200.

Persons under 18 years of age are not permitted to place orders for alcohol.

Walsh & Sons supports the responsible service of alcohol.

The terms and conditions under which You may purchase products from Walsh & Sons are set out below.

Please read the following terms and conditions carefully before placing your order with Walsh & Sons.

By completing the customer application process and using the Walsh & Sons, You acknowledge that you have read and understood these terms and conditions and agree to be bound by the terms and conditions of this Agreement.

 

  1. Interpretation

In these Conditions:

  • “Agreement” means an agreement between You and Walsh & Sons to supply Goods. The Agreement consists of the Order and these Conditions.
  • “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.
  • “Delivery Cost” means the amount payable to Walsh & Sons in respect of delivery of the Goods and handling costs associated with processing your Order as advised by Walsh & Sons from time to time.
  • “Goods” means Goods described in an Order and includes packaging.
  • “Intellectual Property Rights” includes all rights in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise.

“Licensed Premises” means licensed premises at INSERT INFO + LICENSE NO

  • “Order” means an order by You to purchase Goods from Walsh & Sons.
  • “Personal Details” includes, but is not limited to Your name, Delivery Address and payment details.

 

  1. The Agreement

2.1 What is the Agreement?

The entire Agreement between You and Walsh & Sons for the purchase of Goods by You from Walsh & Sons is:

(a) these Conditions; and (b) the terms of the Order.

2.2 When the Agreement is formed

The Agreement exists between You and Walsh & Sons once Walsh & Sons receives and accepts an order at its Licensed Premises. No obligation to sell or supply the Goods will arise until the Order is received and accepted at Licensed Premises. Each order may be accepted by Walsh & Sons in its absolute discretion and Walsh & Sons expressly reserves the right to limit sales to reasonable quantities as determined in Walsh & Sonss sole discretion. Walsh & Sons is authorised to unconditionally appropriate the liquor to the Order at the Licensed Premises on acceptance of the Order. Each Order is a separate agreement.

2.3 Set-Off

If You owe money to Walsh & Sons under one agreement, Walsh & Sons may set-off that money against any money that You owe to Walsh & Sons under another agreement. If Walsh & Sons owes money to You under one agreement Walsh & Sons may set-off that money against any money that it owes You under another agreement.

 

  1. Purchase orders & delivery of Goods

3.1 Delivery area

In order to purchase Goods from Walsh & Sons, the Delivery Address which You nominate will need to be within a location where Walsh & Sons provides delivery services. Walsh & Sons will advise You if the Delivery Address which You nominate ceases to be in an area where Walsh & Sons delivers Goods. Walsh & Sons 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 Walsh & Sons delivers goods.

3.2 Orders

You will place an Order with Walsh & Sons by:

(a) selecting Goods and instructing Walsh & Sons by telephone that you wish to purchase the Goods, and providing your Personal Details to Walsh & Sons, or

(b) selecting Goods and instructing Walsh & Sons by email that you wish to purchase the Goods, and providing your Personal Details to Walsh & Sons.

3.3 Authorised receipt of Goods

Anyone at the Delivery Address who receives the Goods shall be presumed by Walsh & Sons or its agents to be authorised to receive the Goods on Your behalf. Walsh & Sons may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. Walsh & Sons 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 or to persons who fail to provide proof of age satisfactory to Walsh & Sons that the person is aged eighteen (18) years or over.

3.4 Delivery Requirements

Walsh & Sons is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:

(a) to the adult person who placed the order, or

(b) to another adult person at those premises who undertakes to accept it on Your behalf, or

(c) if delivery takes place on a day following the placing of an order, in accordance with the customer’s instructions but always to a person over the age of 18 years.

  1. Returns, Refunds, Risk & title

4.1 Risk and Title

Risk and title in the Goods passes to You upon delivery of the Goods to the Delivery Address or the Click & Collect store.

4.2 Returns or Refunds

For all returns and refunds you must provide evidence of purchase. A receipt must be provided to refund the item(s)

Items must be refunded using the same methodof payment as the original transaction

  • Items are refunded at the price of purchase
  • Items must be returned within 28 days of purchase
  • Items must be unopened
  • The items must be in re-saleable condition e.g. no damaged cartons/bottles/cans
  • If cartons of beer/RTD’s were purchased, they must be returned as full cartons

4.2.1 In store purchases

If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the Walsh & Sons customer service centre on +61 448 182 640 and a customer service representative will assess Your request for a credit or refund of the purchase price. Goods may be accepted for return in Walsh & Sons’s absolute discretion. No Goods will be acceptable for return unless they are in a saleable condition. Walsh & Sons may only accept returns of complete cartons of beer and pre-mixed drinks. Food items cannot be returned.

4.2.2 Online and phone orders

Money Back Guarantee – we’re confident that our products represent excellent value for money, and we’re proud to guarantee every product you buy. If you’re not satisfied with a purchase you’ve made online or on the phone, just call us on 1300 308 833 or email. We will then organise to pick up the stock and deliver replacement stock or refund.

 

 

  1. Price of Goods & payment

5.1 Price of Goods & payment

Subject to clauses 5.2 and 6.2 the price You shall pay for the Goods shall be the price specified on the Walsh & Sons website (if any) or advised by Walsh & Sons at the time of your Order. You also agree to pay the Delivery Cost (when applicable) in respect of each Order and all taxes, including goods and services tax, which Walsh & Sons is required to collect from you.

5.2 Variation

Walsh & Sons’s prices are subject to variation without notice. The price payable for the Goods will be the price current at the time Walsh & Sons confirms the availability of the Goods.

We endeavour to ensure all prices displayed are correct but occasionally an error may occur. If we discover a pricing error we will notify you and you may elect to not purchase any Good/s where the price has been corrected.

5.3 Method of payment

(a) Payment upon Placement of Order

You shall pay for the Goods at the time of purchase or when your Order is despatched. You may use your credit card (MasterCard, Visa, American Express, Diners and Coles Group Card.) Cheques may be accepted at Walsh & Sons’s discretion. Walsh & Sons will accept cash payment for the Goods only when your Order is placed in-store.

  1. Out of stocks & substitution

6.1 No rainchecks

Walsh & Sons will not provide rainchecks in respect of Goods ordered by You.

6.2 Substitution policy

Walsh & Sons will use its best endeavours to ensure that all Goods ordered by You are supplied to You. In the event of stock shortages of the goods ordered by You, or if a vintage is not available we may substitute products of equal or greater value.

 

  1. Packaging & labelling of goods

Walsh & Sons aims to ensure all pictures of Goods on the Walsh & Sons website are up to date, however pictures are for illustrative purposes only. Walsh & Sons does not warrant the accuracy of information contained on the Walsh & Sons website and recommends that You read the label on Goods carefully before consuming the Goods.

 

  1. Licence

You are licensed to access the Walsh & Sons website on your computer for personal, non-commercial use . You acknowledge that you are not permitted to make any other use of the Walsh & Sons website unless given prior written authorisation by Walsh & Sons.

 

  1. Intellectual Property rights

9.1

You acknowledge that Walsh & Sons or its related corporations own or are licensed to use all Intellectual Property Rights in the Walsh & Sons website (including, but not limited to, any images, photographs or text which appears on the website). You agree that You will make no representation to the contrary, and that You must not use or copy the Walsh & Sons website in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.

9.2

You acknowledge that any trade marks or logos which appear on the Walsh & Sons website are owned by or licensed to Walsh & Sons or its related corporations, and that You must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

 

  1. Liability

10.1

You acknowledge that Walsh & Sons service is provided “AS IS” and that Walsh & Sons is not making and has not made any warranty or representation as to the Goods or Walsh & Sons’s suitability for any particular purpose other than the mandatory statutory warranties. To the maximum extent permitted by law, all other warranties and representations are excluded.

10.2

To the extent permitted by law, You agree that any liability of Walsh & Sons 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 Walsh & Sons will be limited to:

(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods, and

(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.

10.3

You accept all risk arising out of the installation, downloading, use or performance of the Walsh & Sons website and any computer program that forms part of it.To the maximum extent permitted by law, You release and discharge Walsh & Sons 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 your use of the Walsh & Sons website or this Agreement, including, without limitation, loss or damage caused by the negligence of Walsh & Sons or its related corporations.

 

  1. Security

If you are issued with a PIN or password by Walsh & Sons you agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and indemnify Walsh & Sons in relation to any liability arising out of the unauthorised use of your PIN or password.

On occasion for your own security, we may require a few additional details to fulfil your order.

 

  1. Terms and Conditions of walshandsons.com.au

12.1 Online registration

We derive Our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. However, aside from our obligations under the Australian Consumer Law, We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.

We reserve the right to change, update or terminate the Website and Content or any part of them at any time in Our absolute discretion, without notice or liability to you.

Any change or modification to the Website or these Website Terms is effective immediately upon them being posted on the Website. If any such change or modification is unacceptable to you, do not use the Website. If following any such change or modification you continue to use the Website or Content, you will be deemed to have accepted those changes or modifications.

You acknowledge that any trade marks or logos which appear on the Walsh & Sons website are owned by or licensed to Walsh & Sons or its related corporations, and that You must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

12.2 Disclaimer

All information, advice or other data on the Website is provided as general information only and should not be relied upon.

Subject to our obligations under the Australian Consumer Law, We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Website or its Content for any particular purpose.

Subject to our obligations under the Australian Consumer Law, We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs.

We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by Us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.

We are based in Melbourne, Australia. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.

Your use of and any reliance you place upon the Website and its Content are entirely at your own risk. When using the Website, information will be transmitted over a medium which, in many cases, is beyond Our jurisdiction and control and that of Our suppliers. Information and files available from the Website cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to Us.

We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond Our control. For the avoidance of doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.

 

12.3 Liability

To the fullest extent permitted by law and without limiting any rights available under the Australian Consumer Law:

All conditions and warranties concerning the Website and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;

In no event will We (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Website) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Website or the Content;

– We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Website, the Content or the Services;

– any claims arising in connection with your use of the Website, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and

– remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms.

12.4 Security

If you are issued with a PIN or password by Walsh & Sons You agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and indemnify Walsh & Sons in relation to any liability arising out of the unauthorised use of your PIN or password.

Walsh & Sons is committed to complying with the Privacy Amendment (Private Sector) Act 2000, which commenced in December 2001, and the privacy provisions of all applicable legislation. This privacy policy covers all personal information we hold, that is, information, or an opinion, about an individual, whose identity is apparent, or can be reasonably ascertained, from that information or opinion. This includes information we have collected from people through our stores, over the phone through our customer service centres and over the Internet.

12.5 Personal Information and walshandsons.com.au

We do not collect personal information when you visit our website unless you log in, place an order, create an account, submit an enquiry using the Contact Us form or submit a product review.

When you place an order you will be asked to log in and we will ask you for the following personal information: your name, date of birth, email, mailing address, delivery address and any special delivery instructions and phone number. Information from the Checkout is provided to our delivery agents so we can send you your order. We may also need to provide your details to data maintenance providers and call centres.

As we sell alcohol we are required to collect your date of birth details to verify that you are over 18 years of age.

When you create Your Account on our website, we will ask you your name, email, address details, phone number and date of birth and will ask you to nominate a password.

From time to time, we advise customers and those registered with us of upcoming offers and special promotions via email. If you do not wish to receive these offers click the unsubscribe link in your next email or call us on +61 448 182 640.

When you submit an enquiry via our Contact Us page or questions via email we will request your name and email. We use this information solely to respond to your enquiries.

When you enter a contest or other promotional feature, we may ask for your name, address, and email so we can administer the contest and notify winners. We may also require that your name be published in the event that you win a contest. We may ask for other information to enable us to improve our website or to send you special offers.

We do not sell, rent or barter any identifiable personal information to any third party without your permission. We will often need to provide your personal information to third parties who assist us in delivering products and services including delivery companies, call centres, mail houses and information technology service providers. Where your personal information is disclosed to these third parties, we will ensure that they undertake to protect your privacy and will only authorise them to use your personal information for the purpose that we supplied it to them. As some of our information technology service providers are located overseas, personal information collected and held by us may be transferred overseas.

Our website contains links to other websites. firstchoiceliquor.com.au is not responsible for the privacy practices or the content of other websites.

We track our customers movement around the website for our own website research and improvement purposes only. No other personal details are collected from this research. We do not currently nor do we plan to draw any conclusions from these statistics or attempt to create customer profiles.

If you have any questions about this privacy statement, or the content or practices of our website, you can contact firstchoiceliquor.com.au directly by calling +61 448 182 640:

Monday to Friday, 7:30am – 7pm AEST

Otherwise write to us at:

Walsh & Sons Privacy
INSERT ADDRESS

  1. Notification of changes

Walsh & Sons may add to, delete, or otherwise change any of the terms of this Agreement. Walsh & Sons will notify You of any substantial changes to these terms & conditions as provided in clause 15. Your use of the Walsh & Sons service after notice will constitute your deemed acceptance of such changes.

  1. Privacy

Please refer to the Walsh & Sons Privacy and Security Statement.

  1. Termination

Walsh & Sons may terminate this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that Your shopping privileges have been removed. If this occurs, please contact the Walsh & Sons customer service centre on +61 448 182 640. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.

  1. Notices

Walsh & Sons may give notice to You by electronic mail or by regular mail to your address contained in the membership registration information provided by You. You may give notice to Walsh & Sons by email.

  1. Product Availability

Due to Liquor Licensing restrictions certain Goods will not be available for sale in some areas including the Northern Territory, South Hedland, Broome, Kununurra, Tom Price and Kalgoorlie.

Walsh & Sons reserves the right not to sell certain Goods to any person to which, or in any location where, the sale of certain Goods is restricted or prohibited whether by law or otherwise.

  1. Miscellaneous

20.1 Provisions are severable

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

20.2 Victorian law applies

The laws of Victoria govern this Agreement.

 

"Ten of the Best New Wineries 2019" having achieved a five-star rating for our first appearance in the Halliday Wine Companion – no small feat.