Material and content displayed on or comprised by the website, including but not limited to text, graphics, logos, button icons, images, the website layout and software, is subject to copyright owned by Kemenys, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the website may be the subject of registered trade marks of Kemenys, its related entities or its product suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the website only for your own private non-commercial use and to order products via the website. This permission is subject to you not modifying the content displayed on this site, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website. Any other use of material on the website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.
Information on this website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This website may contain technical inaccuracies or typographical errors. Kemenys assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products or services described on this website.
The website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). Kemenys is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites. Kemenys does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. Kemenys is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.
You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website, including, but not limited to, by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the website or any computer. You must not post on the website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. Kemenys may block/delete from the website any material posted to the website that Kemenys decides contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must not attempt to use the website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the website in contravention of these Terms may result in you being banned from the website, being liable to Kemenys for breach of contract and/or infringing applicable law
Use of this website is at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided ?as is?, with no warranties or guarantees whatsoever. Kemenys expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Kemenys does not represent or warrant that the functions within the website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements. You agree that in using the website you have not relied on any statement or representation made by Kemenys not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, Kemenys limits its liability for breach of any such warranties, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Kemenys?s discretion.
To the extent legally permitted, in no event will Kemenys be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced or accessed through this website, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Kemenys is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Kemenys?s maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.
You agree to indemnify, defend, and hold harmless Kemenys, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
If you are allocated a password to access any part of the website, you are responsible to prevent the password being disclosed to any third party.
To buy liquor via our website, you must be over 18 years of age and specify a delivery address within Australia. All the details that you have provided in completing the order and the offer to purchase the liquor are true and correct. If you do not confirm that you are 18 years or over, your order will not be processed. If buying wine as a gift, the recipient must also be over 18 years of age. You confirm that recipients of wine you purchase via our website are over 18 years of age. You must provide a valid and current form of ID confirming your age (such as a drivers licence, passport or proof of age card) at the time of delivery. If you are unable to produce appropriate ID confirming your age, the carrier will not supply the wine to you. However, you will be responsible for our charges in arranging supply and delivery (and return to us, if necessary).
We may provide special offers in relation to our products and services from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to products or services ordered by you in accordance with these Terms before the date the special offer was terminated.
Prices stated are in Australian dollars. Wine (including sparkling wine and Champagne) prices are per bottle in a mixed or straight dozen unless otherwise stated. Sprits prices are per bottle in a mixed or straight dozen which may include wine. Beer prices are per case with the unit quantity as specified. Prices include GST but exclude delivery charges and repack charges, unless otherwise stated.
The full payment for your order (including the product price and applicable delivery and repack charges) is deducted from your credit card on completion of your order. Delivery will not commence until payment has been processed/validated. We accept payment by Visa, MasterCard and American Express. Credit card details are processed using encryption technology.
If a product inadvertently appears on our website at the wrong price or with a wrong description, we may decline or cancel any orders placed at the wrong price or based on the wrong description, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase at the wrong price or based on a wrong description and the order is cancelled, we will notify you and issue a credit to your credit card account in the amount charged.
All wine is offered for sale subject to available stock. If a product is out of stock, we will contact you to offer a substitute wine of at least equal quality. If you do not accept a substitute wine and your credit card has been charged for wine that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.
We reserve the right to limit sales to retail quantities. If we deem in our absolute discretion that the order is not within a reasonable retail quantity, we will cancel your order and issue a credit to your credit card account in the amount charged.
We deliver Australia wide, using our delivery partner Allied Express. Delivery fees and repack charges may apply. Please refer to our Home Page for Details. Allied Express and their sub-contractors endeavor to deliver wine within the Sydney metropolitan area within 2-3 working days, and to all other Australian capital city metropolitan areas within 5-7 working days. For delivery addresses in Australian regional centers and outside metropolitan capital cities, allow at least 10 working days. In outlying or remote areas, delivery will take a little longer. Delivery times are also subject to availability of stock. Accordingly, we do not guarantee any specific delivery date.
To ensure delivery and tracking of your wine, you must specify a delivery address where you will be available to sign for receipt upon delivery during normal business hours.
Goods are normally delivered Monday to Friday between 9.00 am and 5.00 pm (excluding public holidays) to either business premises or a residence, as you nominate. Unless you have given us other instructions in relation to delivery when placing your order, if you are not present at the time of delivery or if for any reason the carrier cannot deliver to your specified delivery address the goods will be returned to carriers depot awaiting further instructions. Goods will not be left at unattended premises without specific instructions from you when placing the order nor will they be left with persons under the age of 18 years (proof of age will be required). If the goods cannot be delivered as the premises are unattended or there is no specific delivery instructions, the carrier will leave a ?sorry we missed you card?. You should contact us or Allied Express within 7 days of receiving the ?sorry we missed you card? to arrange redelivery. Redelivery fees may apply. We are not responsible for goods that are left unattended at your request or that remain unclaimed for your failure to contact Kemenys or Allied Express. To ensure the safe delivery and tracking of your goods, you must specify a delivery address where you will be available to sign for receipt upon delivery during normal business hours. We do not deliver to PO Boxes in metropolitan areas. In regional areas, we will deliver to PO Boxes but only when you have made prior arrangements with that post office for them to receive your delivery.
Orders must be for a minimum of 12 bottles unless a different case size applies to a particular product as indicated on our website. We deliver both straight and mixed cases.
We deliver wine anywhere in Australia, except for areas that are classified by the Australian Government as dry zones or Australian Islands that are classified as in International Waters. If you are unsure whether we can deliver to your area, please call us on 13 8881.
Delivery into the following areas is restricted. Our carriers will not deliver to the following postcodes: Aurukun Postcode ? 4871, Bamaga Postcode ? 4876, Cherbourg Postcode ? 4605, Doomadgee Postcode ? 4830, Hope Vale Postcode ? 4871, Injinoo Map Postcode ? 4876, Kowanyama Postcode ? 4871, Lockhart River Postcode ? 4871, Mapoon Postcode ? 4871, Mornington Island Postcode ? 4825, Napranum Postcode ? 4874, New Mapoon Postcode ? 4876, Palm Island Postcode ? 4816, Pormpuraaw Postcode ? 4871, Seisia Postcode ? 4876, Umagico Postcode ? 4876, Woorabinda Postcode ? 4713, Wujal Wujal Postcode ? 4873 and Yarrabah Postcode ? 4871.
These locations may be added to or modified from time to time.
If a carton of wine is deemed undeliverable by Allied they will advise us and we will contact you to arrange re-delivery in accordance with these Terms.
We charge a delivery for every carton determined by postcode. Delivery charges are based on a 12 bottle case. Please refer to our Home Page for more detailed freight charges by postcode.
We charge a repack charge for mixed case orders. Please refer to our Home Page for more detailed information of this charge.
Risk of damage, loss or deterioration to products passes to you on delivery in accordance with these Terms.
Products ordered by you remain our property until you pay for them in full.
We warrant that products supplied by us via the Kemenys.com.au website will be of merchantable quality when delivered. To the extent legally permitted, we expressly disclaim all other express, implied, statutory and other warranties, guarantees and representations. If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, our liability for breach of any such warranties, conditions or representations and the warranty given in respect of merchantable quality is limited to the replacement or resupply of the affected products or services or a refund of the costs of the products or services, at our discretion.
We guarantee our wine. If, after trying a bottle, you are not satisfied, please call us on 13 8881 and we will arrange for Allied to collect the wine from you at a mutually convenient time during Monday to Friday 9 am to 5 pm (excluding public holidays). We will issue you a credit in the amount paid for the returned wines.
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via the Kemenys.com.au website or the use of such products or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to products and services supplied by us.
We may notify you by email, a general notice on the Kemenys.com.au website, or by other reliable method to an address previously provided by you.
You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.
These Terms (including any terms or policies it incorporates by reference) constitute the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
We may alter these Terms from time to time by posting the altered version on our website at www.kemenys.com.au. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect.
These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
We recommend that you consume alcohol responsibly and only in moderation. Please enjoy your wine in moderation.
Kemenys Food & Liquor Pty Limited. ABN 18 000 581 340 the operator of kemenys.com.au, and our related entities recognise the importance of privacy protection and comply with the National Privacy Principles set out in the Privacy Act 1988 (Cth) (?Act?).
The personal information we collect from you generally includes your name, address, telephone number/s and information required for order processing and payment for products and services provide by us through the Kemenys website. We may also collect information from you concerning your preferred wine type/s or for other related products or services provided on the Kemenys website.
We collect your personal information through a range of sources including information you provide over the telephone to a Kemenys wine adviser and via surveys and questionnaires you complete.
If you don?t provide us with certain information, we may be unable to provide you the information, products or services you wish to buy or receive.
- To provide you with information you request about us, the products or services we offer through kemenys.com.au or special offers provided by third parties to our members through kemenys.com.au;
- To provide products or services you request from time to time;
- To process and obtain payment for any wine or other products or services you order from kemenys.com.au;
- If necessary, to verify your identity or age (i.e. over 18);
- To contact you for direct marketing and promotional purposes including providing you with information about new products or services, events and special offers, unless you tell us that you not wish to receive this type of information.
We may also send you electronic messages updating you about products, services, offers and special offers. We will only send you electronic messages if you have consented to receive them or it can be inferred from your existing business or other relationship with Kemenys, that there is a reasonable expectation of receiving those electronic messages. All electronic messages will identify Kemenys.com.au.
We currently use contractors to prepare and send mail-outs and deliver products. We will only disclose your personal information to those contractors or other third parties:
- To allow your orders to be processed and delivered to you;
- To provide you with marketing and other information about Kemenys and its own or related products and services;
- If you authorise us to do so;
- If required or permitted by law.
Kemenys will not sell your personal information to 3rd parties.
We will take reasonable steps to ensure your personal information is protected from risks such as loss, unauthorised access or use, destruction, modification or disclosure. We only permit our authorised personnel to access your personal information.
Emails are not a secure method of transmitting information. Accordingly, we cannot accept responsibility for the security of information sent to us via email.
You have the right to access personal information which we have collected from you within the requirements of the Act.
We may withhold or refuse you access to your personal information if we are legally authorised to do so or where its disclosure to you is restricted by law, is the subject of legal action, or may compromise the privacy of another person.
Where marketing information is forwarded to you via electronic messages, there will be a functional ?unsubscribe? mechanism contained in the message.
If you no longer wish to be contacted by us or receive marketing information, you can advise us:
- by calling a Kemenys wine adviser on 13 8881;
- by emailing us at firstname.lastname@example.org;
- by clicking the ?unsubscribe function? (where marketing information is sent electronically).
We will keep a record of your request to ensure you do not receive that information in the future.
You cannot refuse to receive information which we are required to provide you by law.
137-147 Bondi Road, Bondi NSW 2026
|Opening Hours:|| Monday to Saturday – 8:00am to 9:00pm
Sunday – 9:00am to 8:00pm.
|Fax:||02 9389 6003|