Terms of service
Website Terms and Conditions
Thank you for visiting our website. This website is operated by Via Pola Wines Pty Ltd ACN 662 693 307. This website and our store is hosted by Shopify, Inc (Shopify). Shopify provide us with the online e-commerce platform that allows us to sell our products and services to you.
By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://viapolawines.com.au/policies/privacy-policy]) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we', 'our' or ‘Via Pola’ means Via Pola Wines Pty Ltd ACN 662 693 307.
You may only use this website if you are aged 18 years or over or otherwise over the legal drinking age in your area of residence. You must immediately exit the website if you do not meet these requirements.
1 Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms, Trojan horses or any other harmful code) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
2 Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
3 Purchases
If you use this website to purchase products or services from us, we may require that you open an account and that you create a username and password. You must keep your account username and password details confidential and secure at all times. You must not allow any other person to use your account, including any person under the age of 18. You are solely responsible for all activity that occurs on your account and must notify us immediately if you become aware of any unauthorised access to or use of your account. Our [Conditions of Sale] govern any purchases you make from this website.
In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act 2010 (Cth) and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 (Cth) are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
4 Conditions of Sale
Online orders
You must not order or purchase goods from us:
· if you are aged under 18;
· for re-sale purposes (all goods must be purchased for personal use); or
· which are outside any order limits or restrictions which we may apply to our products or services on this website.
We may accept any order for the supply of goods (in whole or in part), or decline any order. We are not liable to you in respect of those goods that we are unable to supply to you, provided that we refund any amounts paid by you in respect of the unsupplied goods.
5 Linked sites
Our website may contain links to websites operated by third parties, including Shopify and Shopify’s affiliates. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
6 Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
7 No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
8 Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses or other harmful code that may cause damage to our property or the property of other individuals;
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
9 Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
10 Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
11 Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
12 Liqour Licensing
Via Pola Wines Pty Ltd operates under the New South Wales Producers Licence.
Our liquor licensing number is LIQW880010328
Through this license we are bound to the NSW Liquor Act 2007 and the Liquor Regulation 2018.
Under the Liquor Act 2007, it is an offence:
To sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or
For a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
More details on these licenses and laws can be found at www.legislation.nsw.gov.au
Via Pola Wines does not sell alcohol to persons under the age of 18. We make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 18. By using this Site, you confirm that you are over the age of 18 and that the person receiving a shipment of alcoholic beverages from Via Pola Wines is over the age of 18.