eGift Card Terms and Conditions
AGREEMENT TO TERMS AND CONDITIONS
These terms and conditions (Terms and Conditions) govern the purchase and use of eGift Cards issued by Brown Brothers Milawa Vineyard Pty. Limited (ABN 56 005 349 235) (Brown Brothers, We, Us or Our). We may amend these Terms and Conditions from time to time and if any part of them is illegal or unenforceable at law, it may be severed, and the remaining Terms and Conditions will continue in full force and effect.
AMENDMENTS TO THESE TERMS AND CONDITIONS
For future purchases of eGift Cards, these Terms and Conditions may be different. We recommend that You read these Terms and Conditions carefully each time You purchase an eGift Card. We will not change any Terms and Conditions for eGift Cards that You have already purchased from Us.
In these Terms and Conditions:
Claim means any claim, action, proceeding, loss, damage, suit, cause of action, demand, cost, expense or liability, brought, made or recovered against a person, howsoever arising, whether:
(a) in contract, tort or otherwise; or
(b) presently ascertained, immediate, future or contingent.
Customer means any third party that purchases an eGift Card from Us.
eGift Card(s) means any electronic gift card issued by Us that You have purchased through Our online store at www.brownbrothers.com.au.
Expiry Date means the date specified on the eGift Card, after which, any remaining funds on an eGift Card will be forfeited. eGift Cards have a three (3) year expiry period from the date of confirmation that Your order for the eGift Card has been submitted and payment has been accepted.
Goods means any of the Brown Brothers wine products available for purchase from Our online store at www.brownbrothers.com.au and supplied from time to time to the Customer.
GST means the tax payable on taxable supplies under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any subordinate legislation under that Act.
Personal Information means information or an opinion about an identified individual, or information from which an individual could reasonably be identified. This is regardless of whether the information or opinion is true, and whether or not it is stored in a material or intangible electronic form.
You means any of a Customer or other third party that accesses Our online store, as the context requires and Your has a corresponding meaning.
PURCHASE OF GOODS USING AN eGIFT CARD
WARNING Under the Liquor Control Reform Act 1998 it is an offence
- To supply alcohol to a person under the age of 18 years [Penalty exceeds $18,000]
- For a person under the age of 18 years to purchase or receive liquor [Penalty exceeds $700]
You may purchase wine products from Our online store if You are aged 18 years or over, or otherwise over the legal drinking age in Your country of residence. Please immediately exit Our online store if You do not meet these requirements.
PURCHASE OF eGIFT CARDS FROM OUR WEBSITE
We support the responsible service of alcohol and You may only purchase alcohol from Us if You are aged 18 years or over.
Goods will be despatched by Brown Brothers under Victorian Liquor License Number: 3260652
You agree that:
(a) eGift Cards may be purchased online at www.brownbrothers.com.au in various denominations, commencing at a minimum of $50 up to $1000;
(b) all information and data You provide when purchasing an eGift Card must be accurate, complete and up to date, and You will promptly notify Us of any changes to this information or data;
(c) all prices quoted for the value of each eGift Card are displayed in Australian Dollars (AUD) and are inclusive of GST;
(d) payment for the eGift Card may be made by any of Alipay, American Express, Paypal, Mastercard and Visa. We will send You an electronic tax invoice / receipt via email to Your nominated email address when Your payment has been processed. Please note that by using the payment facilities provided by those third parties, You may be subject to additional terms, conditions, fees and charges imposed by those third parties;
(e) the payment system on this website uses industry standard Secure Socket Layer (SSL) technology to encrypt and protect Your credit card details;
(f) We will deliver Your eGift Card and a store credit code (for the value of the purchased eGift Card) to Your nominated email address after We have processed Your payment;
(g) We will not be required to fulfil any order where a nominated payment card is declined by a financial institution. If this occurs, You will be notified and You acknowledge that We may contact You to make alternative payment arrangements;
(h) once You have placed an order for an eGift Card and Your payment has been accepted, We will not be able to cancel the order;
(i) once the eGift Card and the store credit code has been delivered to Your nominated email address, You assume all risk and title in the eGift Card. You are responsible for safely storing your eGift Card and store credit code. We are not liable for any Claims howsoever arising as a result of the unauthorised use of Your eGift Card and store credit code; and
(j) Your eGift Card is valid for use until the Expiry Date, which is indicated on the eGift Card. Any unspent value cannot be used or redeemed after the Expiry Date and We will not reimburse You in cash or in-kind.
REDEEMING YOUR eGIFT CARD
To redeem Your eGift Card, You must:
(a) redeem the eGift Card for purchases of Goods available from the online store at www.brownbrothers.com.au;
(b) enter the store credit code in the “eGift Card” field at checkout to redeem the store credit value.
USE OF eGIFT CARDS
You agree that:
(a) You must only use the eGift Cards to purchase Goods online at www.brownbrothers.com.au. You may also redeem the eGift Card against the cost of delivering the Goods;
(b) the eGift Cards are non-refundable, non-transferrable and may not be exchanged (wholly or partly) for cash;
(c) the eGift Cards are not redeemable for:
(i) cellar door purchases;
(ii) wine bar purchases;
(iii) lunch at Patricia’s Table Restaurant;
(iv) pre-booked winery tours, packages and experiences;
(v) pre-booked special events;
(vi) any online promotion, discount or offer made by Us in relation to the Goods;
(vii) payment of invoices due to Us for other purchases You have made;
(viii) purchases of additional eGift Cards;
(ix) wine plans, wine subscriptions; and
from Brown Brothers or any of Our related companies.
(d) the eGift Cards may be partially redeemed and any unused balance will remain on the eGift Card for future purchases of the Goods until the eGift Card expires or the balance becomes nil;
(e) You may check Your eGift Card balance at any point by logging into your account at www.brownbrothers.com.au/my-account/ select Coupons from the menu to view your current eGift card account balance;
(f) the eGift Card can only be used to make purchases up to the remaining value contained on the eGift Card. If You wish to make a purchase for an amount that exceeds the remaining value, You must pay for the excess amount (which is the difference in price between the remaining value of the eGift Card and the retail price of the Goods) using another payment method or another eGift Card;
(g) the eGift Cards are valid for three 3 years from the date of confirmation that Your order for the eGift Card has been submitted and payment has been accepted. Once the eGift Card has expired, it cannot be reactivated and any unused balance will be forfeited;
(h) in the event of suspected fraud and / or improper use of an eGift Card, We reserve the rights to refuse redemption of the eGift Card pending an investigation into the matter. We may re-activate the eGift Card after We are satisfied that no fraud has occurred;
(i) You are liable for all transactions on Your eGift Card, except to the extent to which there has been proven fraud or negligence by Us;
(j) We will not be liable to replace or refund the value of lost or stolen eGift Cards;
(k) Goods that are purchased solely, or in part with an eGift Card may be exchanged or returned, subject to Our usual exchange and returns policy available here: www.brownbrothers.com.au/contact/shopping-online/; and
(l) to the extent permitted by law, We will not be liable to You for any loss or damage (whether direct or inconsequential), nor be in default under these Terms and Conditions, for failure to observe or perform any of Our obligations under these Terms and Conditions for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure (including information technology systems), disruption by war or sabotage and other acts or omissions of third parties.
YOUR PERSONAL INFORMATION AND PRIVACY
By supplying Us with Personal Information through this website, You accept the inherent security risk of dealing online over the internet and agree not to hold Us responsible for any breach of security, unless We have breached a law or been negligent or in wilful default of Our duties to You.
The laws of Victoria, Australia, govern these Terms and Conditions and the courts of Victoria have non-exclusive jurisdiction to hear any matters arising out of or in connection with these Terms and Conditions.