Terms & Conditions
Welcome to the Website of FAT GRAPE (The Trustee for FAT GRAPE UNIT TRUST ABN 43 636 262 427).
The terms and conditions set out below (“Terms and Conditions”) are important as they govern the terms upon which you will be a customer (“Customer” and “you”) of (“FAT GRAPE” and “we”) and upon which FAT GRAPE will supply any liquor ordered and/or purchased by you or on your behalf (“Liquor”).
Your order will have only been accepted and the contract between you and FAT GRAPE will only have been created once the Liquor has been dispatched to you. No other terms and conditions shall apply in respect of the purchase of such Liquor, unless expressly accepted in writing by FAT GRAPE. By accessing or using the FAT GRAPE Website you agree to comply with these Terms and Conditions of use as amended from time to time.
Should you have a query or complaint please contact FATGRAPE at:
6/18 Industry Drive, Tweed Heads South, NSW, 2486
Phone: 07 5524 8886
These Website Terms shall be governed by the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State. In the event that any of the Website Terms are found to be unenforceable under New South Wales law, this will not affect the remainder of these Website Terms.
Responsible Service of Alcohol:
FAT GRAPE support the responsible service of alcohol and recommends moderate alcohol consumption.
Under Australian laws it is illegal to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.You must also be over 18 to receive a delivery of alcohol and to be on the safe side we have advised our couriers to request I.D. if you look under 25.
Registration and account set up:
By opening an account with FAT GRAPE and/or placing an order you are confirming to us that you are at least 18 years of age and that all the details that you have provided are true and correct. If you do not confirm that you are 18 years or over your order will not be processed. We reserve the right to request evidence to verify your personal information.
You may purchase products from the Website with a registered account or as a one-off purchase. A registered account will require you to register your name, contact and delivery details and to create a valid username and password. You are responsible for the security of your user name and password. We will assume that anyone using your username and password is authorised to do so by you. A one-off purchase will require you to register your name, contact and delivery details.
Please do not register multiple times or use false or misleading information when registering your account details. Please update your details if they have changed. We are not responsible for any loss or damage you may suffer because you have not provided accurate, complete and up to date information.
Prices stated are in Australian dollars(AUD) and include GST, unless otherwise stated. All delivery charges are additional and not included in stated prices.
Please note that our prices are subject to regular review. If a price is inadvertently shown on the Website at the wrong price, FAT GRAPE may decline or cancel the applicable order/(s). If the order has already been confirmed and a credit card charged we will notify you and issue a credit to the same card originally used.
Payment is due with the order, other than for approved credit accounts when it is due 30 days from invoice date (unless otherwise stated). We accept payment by bank transfer, MasterCard and Visa. If the credit card issuer does not authorise the transaction, or later revokes authorisation for the transaction, FAT GRAPE may cancel the order.
In order to purchase goods you must provide valid credit card details. Card details are transmitted through a secure server using Dialect payment gateway and card data is not hosted by FATGRAPE after processing.
All online credit card transactions performed on our Website using the Dialect gateway are secured payments, as follows:
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by FATGRAPE or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within Dialect’s bank-grade data centre, further protecting your credit card data.
- Dialect is an authorised third party processor for all the major Australian banks.
- Dialect at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by FATGRAPE.
For more information about Dialect and online credit card payments, please visit http://www.tnsi.com/au.
Limitation of liability
FAT GRAPE’s services are provided in good faith and we warrant that products supplied will be of merchantable quality. FAT GRAPE does not make any other warranty or representation of any kind, express or implied, in relation to all or any part of the service, subject to applicable law.
In respect of any statutory warranty that we cannot exclude, subject to applicable law, FAT GRAPE’S liability is limited to the replacement or re-supply of the products or a refund of the cost of the products at its’ option.
All Liquor shall be at your risk from the point of delivery. Upon receipt you must examine the Liquor delivered and sign to confirm receipt on any delivery note provided.
If any Liquor as delivered to you is subject to shortages, damage or errors you must note this on the delivery note or otherwise inform FAT GRAPE within 48 hours of the time of delivery (or the next working day if delivery takes place on a Friday or preceding a Bank Holiday) and give details of such shortages, errors or damage.
You must also retain such Liquor and packaging and make it available for inspection and collection. FAT GRAPE will not be liable for any loss or damage of whatever nature directly or indirectly incurred by you or any third party arising out of or in connection with any late delivery, shortage of delivery or non-delivery of Liquor to you.
Use of Website
The FATGRAPE Website is for your personal use only. You may not exploit the contents of the Website in any way.
While we take care to ensure all material on our Website is correct, we do not guarantee the accuracy, integrity or quality of material published or received by youas a result of our Website or that of any Websites that we are linked to.
No variation or waiver of any of these conditions shall be binding on FAT GRAPE unless in writing or signed by a director of FAT GRAPE. Your statutory rights are not affected by any provision of these Terms and Conditions. If you or we fail to exercise or delay in exercising any right or remedy which it may have under these Terms and Conditions, this will not be a waiver of the right or remedy. Neither shall any single or partial exercise of any right or remedy under these Terms and Conditions by you or us prevent any further exercise of the right or the exercise of any other right or remedy.
These Terms and Conditions constitute the entire and only agreement and understanding of the parties, and supersede any previous agreement or understanding between FAT GRAPE and you relating to the subject matter of these Terms and Conditions. You agree that in entering into these Terms and Conditions you do not rely on, and have no remedy in respect of, any statement, expression or opinion, representation, warranty or understanding (whether negligently or innocently made) of any person if not expressly set out in these Terms and Conditions. Nothing in this paragraph shall operate to limit or exclude any liability for fraud.
These Terms and Conditions shall be governed by and construed in accordance with Australian law and you and we irrevocably submit to the exclusive jurisdiction of the Australian courts to determine any disputes, which may arise in connection with them.
These Terms and Conditions cancel all previous Terms and Conditions.