TERMS OF USE

This website is owned and operated by Casella Wines Pty Limited ABN 96 060 745 315 and/or its related companies, including but not limited to; “Peter Lehmann Wines Pty Ltd ACN 059 347 910”, “Brand’s Laira Wines Pty Ltd ACN 007 863 765”, “Morris Wines Pty Ltd ACN 155 587 134” and “CFB Baileys Pty Limited ACN 622 881 225” (“Casella Family Brands”).

As a condition of using our websites (“Website/s”), you agree to comply with and be subject to all of the following terms and conditions (including our Privacy Policy). In the event that you do not agree to any of the below terms and conditions, please discontinue use of our Websites immediately.

1) No Representation

We will endeavour to ensure the accuracy of information displayed on our Websites. However, to the extent permitted by law, no warranty or representation is given as to its quality, accuracy or completeness. It is the responsibility of the user to judge the accuracy of information before relying on it in any way.

We make no warranty or representation as to the suitability of our Websites, any site which is linked by our Websites or our products for any purposes. No content on our Websites or any site that is linked by our Websites constitutes advice and should not be relied upon in making or refraining from making any decision.

Casella Family Brands does not represent that any information (including any file) obtained or downloaded from our Websites or any site that is linked by our Websites is free from computer viruses or other faults and defects. It is the responsibility of the user to carry out any appropriate scans of such files for any viruses, faults or defects.

2) Limitation of Liability

We accept no responsibility for any loss, liability, cost, expense or damage of whatever nature arising out of the use of, or inability to use, our products, Websites and any site that is linked by our Websites, or from any error or omission in information contained on our Website, any site that is linked by our Websites or our products.

All conditions, warranties or liabilities with respect to the supply of any services by us, via our Websites imposed or implied whether by law or by statute are expressly excluded and negated, provided that nothing in these terms and conditions shall exclude, restrict or modify any condition, warranty, right or liability which may at any time be implied in these terms and conditions (including any condition, warranty, right or liability implied by the Competition and Consumer Act 2010 or any similar applicable State or Territory legislation) where to do so is illegal and would render any provision of these terms and conditions void.

To the extent permitted by law, Casella Family Brands expressly limits its liability for breach of any condition or warranty implied, be they statutory or otherwise, into any service supplied via our Websites to; the supply of the service again; or the payment of the cost of having the service supplied whichever we may in our absolute discretion select.

3) Links

Any links to other websites contained on our Websites have been included for convenience only and we accept no responsibility or liability for the contents of any linked website. The inclusion of any link does not imply endorsement by us of any linked website or its provider. It is the user’s responsibility to make themselves aware of the terms and conditions on which access is granted to linked sites. Users should be aware that some links may be to pages other than a home page.

4) Copyright

Unless indicated otherwise, copyright in the content of our Websites, including any Casella Family Brands’ or its related companies trademarks, logos and brands, belong to Casella Family Brands or its related companies. To the extent permitted by law, we reserve all rights in respect to such content. Our Websites, their content or part thereof may not be reproduced, copied, sold, re-sold or otherwise exploited in any form by any process for any purpose that is not expressly permitted by us.

5) General

These terms and conditions shall be governed by the laws of NSW and are subject to the exclusive jurisdiction of the Courts of NSW.

Casella Family Brands’ failure to exercise or enforce any rights or provisions of these terms and conditions shall not constitute a waiver of such right or provision unless agreed to by us in writing. If a provision of these terms and conditions or a right or remedy of a party under these terms and conditions is invalid or unenforceable in a particular jurisdiction; it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.

We reserve the right to amend or otherwise alter the information displayed on our Sites at any time, including but not limited to these terms and conditions. Any amendment to these terms and conditions will take effect immediately. Your continued use of our Websites following any amendment to these terms and conditions shall be deemed to be agreement by you to be bound by these terms and conditions, as amended.

6) Promotional Codes, Competitions or Related Offers

Casella Wines Pty Limited reserves the right to change the terms and conditions of, or otherwise modify, suspend or cancel any promotional code, competition or related offer at any time. Only one promotional code or discount can be applied to any order. Promotional discounts can be used storewide with the exception of mixed packs, merchandise, events or food. If you are a member of multiple mailing lists/ wine clubs where discounts apply, the highest discount will be taken into account. For on-going mailing list and wine club discounts, you must be logged into your user account for the discount to be applied. This will automatically be applied at the check once you are logged into the respective user account. If you have received a specific discount code, please apply these at the check out. Any additional terms will be highlighted at the time of receiving the discount code or joining the club or mailing list.

7) Responsible Consumption of Alcohol

We promote the responsible consumption of alcohol. Alcoholic beverages should only be consumed by persons of legal drinking age. We recommend that our alcoholic beverages be enjoyed responsibly and in moderation.

8) Wine Clubs

We have a number of wine clubs across all of our Brands which you are welcome to subscribe to.

If you wish to subscribe to any of our wine clubs you agree that:

you must provide us with your name, address, email and phone number;
you must provide us with your credit card details;
you must purchase a minimum number of products per year;
you will receive communications from us about your Orders and certain offers and promotions that may be relevant to you;
you have the option to join a subscription list and engage with promotional campaigns;
you can choose to opt-out/unsubscribe from any of our emails or newsletters; and
you will comply with any terms and conditions specified by our wine clubs in addition to these terms and conditions.
For more information about specific wine club terms & conditions please contact us here.

9) Ordering

When placing an order or subscribing to one of our wine clubs via our Websites or via phone (“Order”), you confirm that all the details you have provided in completing the Order and offer to purchase our alcoholic beverages are correct. It is a condition of purchase that you verify that you are 18 years of age or older. Should you not confirm that you are 18 years of age or older, we will not process your Order.

Any Order placed through our Websites for a Product is an offer by you to purchase the particular product for the price as listed at the time the Order is placed.

You accept that we may contact you by telephone or by email to confirm your payment and information details.

10) Credit Card

All Orders must be paid by credit card only. We accept payment with the following credit cards:

American Express;
Visa; and
Master Card.
You accept that you must pay all fees and charges, including credit cards fees related to the payment of your Order.

11) Acceptance, Rejection or Cancellation of an Order

We reserve our right to accept or reject any Order placed by you, for any reason and without liability.

We may cancel any Order without any liability to you for that cancellation if:

we cannot or are unable to process your payment for any reason;
the requested product(s) are unavailable;
there is an error in the price or the product description of any product in the Order; or
we suspect fraudulent or unlawful activity.

Any payment made for a valid Order that we cancel will be refunded to you through any method of our choosing.

You agree that you have no entitlement to change or cancel an Order after it has been made. We retain full discretion whether to accept your request to change or cancel an Order. If we do choose to accept your request to change or cancel an Order, you accept that you will pay all our reasonable costs associated with changing or cancelling your Order.

12) Delivery

Australia Post

We use Australia Post to deliver ordered products.

You agree to any of the terms and conditions of Australia Post that may be relevant to the delivery of your Order.

Delivery Address

The address that Australia Post will deliver is the address that you have provided during your Order.

We will not action your delivery with Australia Post unless all requested delivery details are provided when you place your Order.

Pre-conditions to Delivery

You agree that any person who takes receipt of your ordered products at the delivery address is authorised to do so.

Delivery times

The standard time-frame for receiving an Order is 10-14 days. You accept the risk that occasionally due to circumstances which are beyond our control, including any actions taken by Australia Post and the impact of extreme temperatures, delivery times may be longer than the standard time-frame or as nominated and paid for by you.

You accept that the Delivery times for your Order will be within Australia Post’s normal delivery times.

Delivery returns/non-collection

We will refund the amount paid by you for any ordered products that we are unable to deliver to you for any reason, including if any delivery pre-conditions are not met or an incorrect address is provided.

Our refunds may contain the following deductions:

Costs incurred delivering the products; and
Costs incurred returning the products to our storage site.

13) Pick-Up

Pick-Up is available from our cellar doors.

You must collect your Order from the specified cellar door as advised by us.

We may rely on any person who collects your Order as being authorised to collect your ordered products on your behalf.

We may not allow collection of your order if any of our requests for verification (such as proof of identity or age) are not complied with to a satisfactory standard.

We will not allow collection of your order if we consider that the circumstances of the collection are not suitable for any reason including:

The recipient and/or likely recipient of the ordered products appears to be under the age of 18 years old; and
The recipient and/or likely recipient of the ordered products appears to be under the influence of alcohol or drugs.

14) Risk and Title

Risk and title in the products pass to you at the later of the time that:

they are delivered to your delivery address; or
you pay for the products.

If the risk and title of an ordered product has passed to you, it will revert back to us if we make a refund to you.

15) Returns

We follow the returns requirements imposed upon us by Australian Consumer Law. To obtain a comprehensive understanding of your rights under Australian Consumer Law we suggest that you visit http://consumerlaw.gov.au/.

Refund due to Deterioration in Quality

We will provide you with a refund or replacement for any products that have deteriorated in quality during delivery to your delivery address.

16) No Resale

You agree that all products purchased from us are not for resale and are for personal consumption only.

17) Suspension and Termination of Your Account

We reserve the right to refuse your Order, suspend your account(s) and/or terminate your account(s) if we determine that you have likely acted in contravention of these terms and conditions or any relevant legislation.

18) Northern Territory

To ensure compliance with the Northern Territory Minimum Unit Price Legislation we may change the final price calculation of your order if you are a Northern Territory resident.

Privacy Policy
Casella Wines Pty Limited ABN 96 060 745 315 (“Casella Family Brands”) and its related companies including “Peter Lehmann Wines”, “Brand’s Laira”, “Casella Wines”, “[yellow tail]”, “Morris Wines of Rutherglen” and “Baileys of Glenrowan”(“Related Companies”) are committed to respecting and protecting the privacy rights and personal information of all visitors to our websites. This privacy policy is intended to provide you with information on how we collect, use, disclose and store the information that you provide to us through our websites so that you can make appropriate choices for sharing information with us. In addition to our Privacy Policy, we are bound by the Australian Privacy Principles (APPs) and Notifiable Data Breaches Scheme set out in the Privacy Act 1988 (Cth) (the “Privacy Act”). Casella Family Brands will only collect, use or disclose your personal information in accordance with this policy and the Privacy Act.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.

“Personal Information” means information whether or not an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a person whose identity is apparent, or can be reasonably ascertained, from the information or opinion.

This policy applies only to websites maintained by Casella Family Brands and it Related Companies. We may create links to the websites of our promotional partners, licensed software publishers or other entities whether or not they are owned or affiliated with Casella Family Brands. Although we use reasonable endeavours to only provide links to websites that meet similar standards for maintaining each individual’s right to privacy, this policy does not apply to third party websites and we are not responsible for, or accept any liability in respect of, any content appearing on these websites or the use of any information (whether personal or otherwise) provided to such websites. Conversely there may be third party websites that contain links leading to one of our websites. We cannot control these links nor are we responsible for any content that appears on the websites that contain such links.

Collection of Personal Information through our Websites

We will only collect and hold your personal information for what is reasonably necessary for our business function and activities which includes:

• Our E-Commerce Stores;
• Member/VIP applications;
• Competition/entry forms;
• Online promotions;
• 3rd party promotions;
• Cellar Door feedback; and
• Social media channels.
• We usually do not require that visitors reveal any personal information such as name, address, telephone number, email address and/or hardware/software information in order to access our websites. However, visitors who do not wish to share personal information may not be able to access certain areas, purchase our products online, or participate in certain activities (such as entering a promotion) that require registration.

Should you wish to purchase our products via our online store we may require the following information to complete your purchase:

• Name;
• Age and/or date of birth;
• Address;
• Telephone number;
• Email address;
• Postcode;
• Payment Information;
• Purchase history and saved items; and
• Your customer reference number or loyalty card number.
• Although information may be required to participate in certain promotions offered through our websites, participants provide information on a voluntary basis only. Generally, we may wish to collect personal information for the purpose of; participation in online contests or other promotions; responding to questions or comments sent through our websites; improving our websites and the services and products we offer you.

Should you wish to participate in certain promotions offered through our websites, we may ask you to provide the following information:

• Name;
• Age and/or date of birth;
• Address;
• Telephone number;Email address;
• Postcode;
• Gender;
• Store where product was purchased;
• Product purchased; and/or
• Proof of purchase.
• Collection of Demographic Information

From time to time we will offer visitors the chance to answer questions about their favourite products and other topics. This general and demographic information (e.g., gender, State or Territory and date of birth) is collected anonymously and will not be linked to any personal information, through cookies or other methods, without the approval of the user. (To learn more about what “cookies” are and how we may use them, please see the section below titled “Cookies”.)

Cookies

Cookies are bits of electronic information that a website can transfer to a visitor’s hard drive to help tailor and keep records of his or her visit to the website. Cookies allow website operators to better tailor website visits to individual preferences. The use of cookies is standard on the Internet and many major websites use them.

We may use cookies in certain areas to improve your experience when visiting our websites. They may be used to anonymously track interest and collect aggregate information on various parts of the websites.

If you prefer not to receive cookies you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used. However, most of our websites will not function if cookies are turned off. We therefore strongly recommend that you leave cookies fully functional.

Log Files

We may use log files to gather statistics about our users’ browsing habits and to assess overall website activity, including how many “hits” a particular web page is getting. These entries are generated anonymously and enable us to track interest in specific promotions, troubleshoot technical concerns and provide you with content that is most interesting to you. We also use the log file entries for our internal marketing and demographic studies, so that we can constantly improve the online services we provide you. Log files are used internally only and are not associated with any particular user, computer or browser.

Where Your Information is Stored

We may store your information in hardcopy and/or in electronic form on servers that are located within Australia. We take reasonable steps to protect the personal information we hold from misuse, interference and loss, and from any unauthorised access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information.

How We Use Your Information/Purpose for Your Information

Personal information, which we collect for a particular purpose through our websites, will be saved and used only for that purpose, unless the participant chooses to opt in to one of the programs discussed below or opt in to receive future communications from Casella Family Brands and/or other named third parties regarding product information, offers and promotions. If you opt in to receiving communications from the named third parties, we will share your personal information with those third parties for the purposes to which you agreed.

When you have provided personal information for a particular purpose, we may disclose your information to certain third parties that we have engaged to assist us in fulfilling your request and in maintaining our database records. This includes, but is not limited to, data management companies. These third parties are permitted to use the personal information only for the particular purpose for which they were asked to assist.

Casella Family Brands does not use or disclose personal information for purposes other than the identified purpose for which it is collected, except with the consent of the individual or as required or permitted by law.

Additionally, we may also use non-personal information provided by you for marketing and demographic studies. Such studies may be conducted by us or by an outside firm hired by us. These studies are for internal purposes only in order to help us improve our websites and products to better meet your needs. We may share non-personal information and behavioural data for marketing purposes.

We use personal information for a variety of purposes to effectively conduct our business, including to:

Provide our customers and prospective customers with information about us and our products and services;

Gain an understanding of our customers’ needs in order to provide better products and services and maintain our high levels of customer service;
Conduct research and development;
Comply with our legal and regulatory obligations;
Manage our relationships with our suppliers and stakeholders;
Consider job applicants for current and future employment; and
Evaluate marketing activity.
We may also use your information for other purposes required or authorised by or under law (including purposes for which you have provided your consent).

To help us carry out these activities, from time to time we disclose personal information to other persons including:

Global distributors for Casella Family Brands and its related bodies corporate;
Third party agencies
We will take reasonable steps to ensure that these third parties are bound by privacy obligations in relation to your personal information. Some of our contractors and suppliers to whom your personal information may be disclosed are located overseas.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing. We will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your Personal Information we may require identification from you before releasing the requested information.

Accuracy & Security

We seek to maintain reasonable security measures in order to attempt to protect against the loss, misuse or alteration of personal information under our control. Unfortunately, there is no such thing as perfect security. As a result, although we strive to protect your personally identifying information, we cannot ensure or warrant the security of any information you transmit to us through or in connection with our websites or that we store on our systems or that is stored on our service providers’ systems. Furthermore, to the extent permitted by law, Casella Family Brands accepts no responsibility and/or liability for any such disclosures of your personal information.

European Users

If you are an individual based in Europe, we will handle your data in accordance with the European Union General Data Protection Regulation.

Policy Updates

This Policy may change from time to time and is available on our website.

How you can make a complaint or enquiry
Please forward complaints and enquiries in writing to:

Casella Family Brands, Customer Services Department
Email: info@casellafamilybrands.com
Tel: +61 2 6961 3000
Mail: PO Box 281, Yenda NSW 2681

Casella Family Brands will endeavour to address these issues within 72 hours of receipt.

Contact Us

For further information on our privacy policy, or for questions on information that we may have collected from you, or should you wish to have your name removed from our mailing list, or if you wish to update or amend any of your personal information that we may be in possession of, please contact us by either of the following methods and we will be happy to review, update or change your record status as appropriate:

Email: info@casellafamilybrands.com
Tel: +61 2 6961 3000
Mail: PO Box 281, Yenda NSW 2681

By using our websites, you signify your assent to Casella Family Brands Privacy Policy. If you do not agree to this policy, please do not use our websites. We reserve the right to make changes to this policy. If we make a material change to this privacy policy, we will notify you by posting the change on our websites or in this Privacy Policy and, if necessary, give you additional choices regarding such changes. Please check back from time to time to ensure that you are aware of these changes. Your continued use of our websites will signify your acceptance of these changes.