1. 1. General
      1. These terms and conditions relate to the website https://www.lisamcguiganwines.com/ operated by Lisa McGuigan Wines Pty Ltd (ACN 123 123 142) and Vamp by Lisa McGuigan Pty Ltd (ACN 633 475 859) (together, Lisa McGuigan Wines, us, we or our). They also cover the goods and services we provide in connection with our businesses.
      2. You are only authorised to access or use our website if you accept and agree to these terms. Your continued use of our website is acceptance of, and agreement to be bound, by these terms. If you breach these terms, we reserve the right to suspend, limit or terminate your access to our website.
      3. We may amend these terms from time to time, and any amended terms will be effective on publication to our website.
   2. Orders
      

       

      1. In Australia, it is against the law for us to sell or supply alcohol to or for you to obtain alcohol on behalf of a person under 18 years of age.
      2. When you place an order through our website, you warrant that the information you provide in the offer to purchase is true and correct. It is a condition that purchases of alcohol are made to people over 18 years of age only. If you do not verify that you are over 18 years of age or over when making a purchase, we will not process your order.
      3. We are not obliged to fulfil any order unless we accept it, which occurs when we dispatch the product. For services, we accept your order for the services when we begin to supply the service that you have ordered.
   3. Pricing and payment
      

       

      1. Prices displayed on our website may differ from the price displayed at our Cellar Door (VAMP by Lisa McGuigan) and from wholesale prices which may be available to liquor retailers or wholesalers. Enquiries regarding wholesale pricing may be directed to lisa@lisamcguiganwines.com.
      2. All card payments are subject to authorisation by your card issuer. If your payment is not authorised, or for any other reason we are not able to take payment when we attempt to do so, we will not fulfil your order.
      3. Unless otherwise indicated, prices stated on our website include GST but, to the extent applicable, do not include wine tax. Terms used in this clause that are defined in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.
      4. Unless otherwise indicated, prices stated on our website do not include delivery.
   4. Delivery
      

       

      1. Products ordered via our website can only be supplied within Australia. Enquiries regarding international sales may be directed to vamp@lisamcguiganwines.com.au.
      2. We will not deliver a purchase of alcohol unless the authorised recipient nominated by you provides evidence of identity and age in a recognised form to the delivery service provider.
      3. We will retain title in all products you order until we have received payment in full for the products and they are delivered to you. We may retain products or recover them from you at any time until you have paid in full for them. Risk in products you order will pass to you at the same time of delivery.
   5. Information on the website
      

       

      1. While we take care to ensure that products and services are accurately described on our website and are available at the specified prices, subject to applicable law we:
         
         1. reserve the right to change the products and services advertised or offered for sale without notice, the prices or specifications of such products and services, and any promotional offers and any other materials on our website at any time and without any notice or liability to you or any other person;
         2. cannot guarantee that products or services advertised or offered for sale on our website will be available;
         3. reserve the right to limit quantities sold or made available for sale; and
         4. reserve the right not to process orders, and to revise orders or recover funds where the price or other material information on our website, or related to the products or services available on our website, is inaccurate or when we consider there has been a material error or breach of these terms, in which event we will notify you and will not charge you for the order.
      2. Nothing in these terms limits any of your rights under the Australian Consumer Law.
   6. Your responsibilities in using our website
       

In using our website, you must not:

1. 1. 1. (a) engage in or encourage a criminal offence;
      2. (b) breach any applicable law or infringe the rights of any third party;
      3. (c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
      4. (d) disseminate any harmful content of any kind, including without limitation: viruses, Trojan horses, worms, time bombs, zombies, bots or any other computer programming routines that may damage, spy-on, interfere with, intercept or expropriate any system, programme, data or personal information held by us;
      5. (e) inhibit any other person from using our website;
      6. (f) interfere with or disrupt the security of our website or our servers; or
      7. (g) attempt or permit any other person to do any of the above acts.
   2. Liability
      

       

       

      1. To the extent permitted by law, our liability in respect of the supply of products or services under these terms is limited to the amount of the payments made by you to us for them.
      2. To the extent permitted by law, our liability in respect of consumer guarantees is limited to:
         
         1. (a) in the case of products, either supplying the products again or paying the cost of having the products supplied again; and
         2. (b) in the case of the services, either supplying the services again or paying the cost of having the services supplied again.
      3. Although we take care to ensure otherwise, we do not guarantee that:
         
         1. (a) you will be able to access our website at all times;
         2. (b) your access will be uninterrupted or secure;
         3. (c) information found on our website is current, accurate or complete; or
         4. (d) our website is free of viruses and bugs.
      4. To the extent permitted by law, we will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit (whether consequential, special, incidental or indirect) that may arise under these terms.
      5. Except for terms that cannot be excluded by law, all terms other than those expressly contained in these terms are excluded.
   3. Indemnity
      

       

       

You indemnify us against all liabilities, losses, damages, costs and expenses (including all legal costs, whether incurred or awarded) suffered or incurred by us in relation to any breach of these terms by you.

1. Intellectual property
   

    

    

   1. Except as stated in these terms, none of the materials and intellectual property described in these terms (including materials on our website) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Lisa McGuigan Wines. Any other use of the materials in our website (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Lisa McGuigan Wines, is strictly prohibited.
   2. Lisa McGuigan and other trade marks appearing on this website (unless identified otherwise) are owned by Lisa McGuigan Wines and may not be copied, imitated or used, in whole or in part, without our prior written permission.
   3. We retain all right, title, and interest in and to our website, and nothing in these terms operates to transfer any intellectual property rights to you or authorise you to exercise any intellectual property right.
2. Links
   

    

   1. You are granted a limited, non-exclusive right to create a hyperlink to our website, provided that you do not portray Lisa McGuigan Wines or any of our products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilise framing techniques to enclose any Lisa McGuigan Wines trademark, logo or other proprietary information of ours, including the images found on our website, the content of any text or the layout/design of any page, or form contained on a page without our prior written consent. All other linking is prohibited without our prior written consent.
   2. We may provide links to or embed content from other third party websites. We do not monitor or assume responsibility for the condition or content of any third party website. We make no representations or warranties regarding any third party website and accept no responsibility for the quality, content, nature, accuracy or reliability of websites accessible by hyperlink from our website or otherwise linked to or embedded in it.
3. User content
   

    

    

   1. Our website may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, User Content). Except for the licence you grant below, or where and to such an extent as the User Content incorporates intellectual property or branding belonging to Lisa McGuigan Wines, you retain all rights in and to your User Content, as between you and Lisa McGuigan Wines.
   2. You must ensure that all User Content you submit to our website complies with all applicable laws, whether local or international, and that you otherwise comply with this clause in relation to all such content.
   3. You grant Lisa McGuigan Wines a perpetual, irrevocable, nonexclusive, royalty-free, worldwide and sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our website, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
   4. You may not create, post, store or share any User Content that breaches these terms or for which you do not have all the rights necessary to grant us the licence described above. You represent and warrant that your User Content, and our use of your User Content as permitted by these terms, will not breach any rights of or cause injury to any person or entity.
   5. You may not create, post, store or share any User Content that is false, misleading, derogatory, defamatory, threatening, pornographic, offensive or otherwise harmful.
   6. You may not create, post, store or share any User Content which promotes any third party business or which indicates that we endorse any third party business without our prior written consent.
   7. Without limiting clause 5.1(a), we may remove any User Content from our website at any time, at our absolute discretion and without notice or liability to you or any other person.
   8. If you have any concerns in relation to any User Content please contact us using the details available on our website.
4. Miscellaneous
   

    

    

   1. These terms are governed by and must be construed in accordance with the laws of New South Wales.
   2. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and all courts that have jurisdiction to hear appeals from these courts and waives any right to object to proceedings being brought in those courts for any reason.
   3. Each of the terms under these website terms and conditions are severable from the others and the severance of one term does not affect the other terms.

For any questions and notices, please contact us at:

Lisa McGuigan Wines Pty Ltd (ACN 123 123 142)
2198 Broke Rd, Pokolbin, NSW 2320
Tel: +61 2 4998 7854
Email: lisa@lisamcguiganwines.com

Last updated: [24/08/2023]