Terms of Sale
By entering your details to make a purchase, you are offering to make a contract to purchase goods from Brown Brothers Milawa Vineyards Pty Ltd, ABN 56 005 349 235 (referred to herein as ‘Brown Brothers’). If Brown Brothers accept your offer, the goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.

The contract is made at our licensed premises, 239 Milawa Bobinawarrah Road, Milawa, Victoria, 3678, from where the goods will be despatched under our liquor licence no. 32400086.

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

Brown Brothers support the responsible service of alcohol.

Nature of the Contract.

You are able to use the Brown Brothers website (or email, telephone, fax or other method) to place an order for goods.

The contract between you and Brown Brothers for the supply of those goods (“the Contract”) only comes into existence when Brown Brothers accepts your order. Brown Brothers will notify you of acceptance. No obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract. Orders cannot be cancelled once accepted, unless by arrangement with the management of Brown Brothers.

Delivery

Brown Brothers will not be obliged to continue to deliver goods to you if your delivery address is not in an area within which Brown Brothers delivers goods.

The goods will not be delivered to persons under the age of eighteen (18) years. Brown Brothers may request that the person who receives the goods provide satisfactory evidence of proof of age. Brown Brothers will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.

Brown Brothers 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 behalf of the person who placed the order, 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.

Anyone at the nominated delivery address who receives the goods shall be presumed by Brown Brothers to be authorised to receive the goods.

While Brown Brothers will use all reasonable endeavours to deliver by any requested or agreed date, it does not guarantee delivery on that date and is not liable for any Loss resulting from late delivery.

Brown Brothers offers the option of providing delivery instructions to have goods left at point of delivery. All efforts will be made to ensure these instructions are followed but it must be clear that the customer takes on this option at their own risk.

Special offers:

Brown Brothers may provide special offers in relation to our products and services from time to time. At any time, Brown Brothers 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. All specials, promotions, clearances, offers and discounted items advertised on the Brown Brothers website are available only while stocks last unless otherwise advertised.

Product availability:

All wine is offered for sale subject to available stock. If a product is out of stock, Brown Brothers 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, Brown Brothers will cancel your order and issue a credit to your credit card account in the amount charged.

Breakages:

If you receive a case of wine with one or more broken bottles, Brown Brothers will issue you a credit in the amount paid for the broken bottles or send replacement bottles at our discretion if you notify Brown Brothers within 7 days of the delivery date. Brown Brothers may ask you to provide proof of the damage, as a condition of refund or replacement.

Entire Agreement:

These Terms (including any terms or policies it incorporates by reference) constitute the entire agreement between you and Brown Brothers concerning its subject matter and supersedes all prior communications.

Price

Brown Brothers’ prices are subject to variation – the price payable for the goods is the price applicable on the date when Brown Brothers confirms your order. /p> The quoted price includes GST, but does not include the delivery and handling fee (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the applicable delivery and handling fee.

Prices stated are in Australian dollars, and may be per bottle, 6 pack or per 12 bottle case, as stated.

Payment:

The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will not commence until payment has been processed/validated. Brown Brothers accept payment by Visa, MasterCard and American Express. Credit card details are processed using SSL 1024 bit encryption and are not stored by Brown Brothers.

Availability:

Restrictions on the carriage or possession of alcohol are in place in some regions of Australia. If you live in an area which is the subject of such restrictions, it is your responsibility to be aware of the extent of such restrictions and the legal implications of these restrictions prior to proceeding with your alcohol purchase from Brown Brothers. Brown Brothers is not liable for any confiscation of alcohol and / or financial or other penalties arising from the breach of such restrictions caused by the attempted delivery by Brown Brothers of your order.

Alterations:

Brown Brothers may alter these Terms from time to time by posting the altered version on our website at www.brownbrothers.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.

Notice

WARNING - VIC Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000), and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).