Terms & Conditions

General

1. www.donsemporium.com.au is operated by 2DKG Pty Ltd. Sale of wines through donsemporium.com.au is made under Queensland  liquor licence 217786.
2. The following Terms & Conditions of Use together with our privacy policy (collectively, Terms) form the agreement between You and Us in relation to Your use and access of this website and the supply of wine ordered by the website.
3. By accessing this website, You acknowledge that You are 18 years or older and have read and understood the Terms and that You agree to be bound by the Terms. If You do not agree to the Terms or have not reached 18 years of age then you must not use this website.
4. From time to time We may vary the Terms and You must accept the Terms on each occasion You access the website.
5. “Our”, “We”, and “Us” means Dons Emporium and “You” and “Your” means the customer having an account with Us or placing an order with us.

Orders

1. The delivery address supplied by You must be in Australia. We are not permitted to ship product internationally. Due to legislation changes we do not ship to the Northern Territory.
2. By placing an order with Us You are confirming that You are 18 years or older. It is illegal for Us to sell alcohol to anyone under the age of 18.
3. When You give Us Your credit or debit card details You are confirming that You are either the card holder, or that You have permission from the card holder to use the card for the purpose of ordering wine from Us.
4. The delivery address supplied by You must be in Australia. We are not permitted to ship product internationally.
5. Payment will be taken from Your card upon checkout from our online website or if over the phone. Goods will be dispatched form our warehouse after payment is received.
6. We accept the following forms of payment: 

• VISA
• Mastercard
• Amex
• Paypal
• We reserve the right to cancel any orders We cannot fulfill for any reason. If Your order is cancelled We will contact You to inform You of the cancellation and refund any money You have paid Us for that order.
• We only ship in cases containing 6 or 12. We cannot accept any orders for less than 6 bottles.

Products

1. Products offered by Us are displayed on Our website(s) in ‘real time’. Any product may be withdrawn from offer without notice at Our discretion.
2. If for some reason We are unable to fulfill Your exact order, We reserve the right to substitute up to 2 bottles  (out of a case of 6 bottles) with similar wines of at least the same value as the wine You ordered. The 2 substitute bottles will be covered by our money back guarantee as set out below. If We need to substitute more than 2 bottles in any one order (out of a case of 6 bottles) We will put Your order on hold and contact You for further instructions.
3. We reserve the right to limit sales to retail quantities if we reasonably deem that the order is not within a reasonable retail quantity. If you wish to purchase unusually large orders for an event, please call us prior to placing the order so that we can accommodate you.
4. If You are unhappy with Our wines, We offer a credit or full money back guarantee. To receive the credit or full money back guarantee, You must communicate with Us within 7 days of the date of delivery of the wine to You. We may require a return of the remaining quantity of wine at Our discretion.
5. If You are unhappy with products within our care packs and hampers, We offer a credit or full money back guarantee on the product. To receive the credit or full money back guarantee, You must communicate with Us within 7 days of the date of delivery of the care pack and hamper to You.
6. The wine images are for display purposes only and may include a year vintage that is not in stock. 

Product warranty

1. We warrant that the product supplied by Us is of merchantable quality when delivered to You.
2. To the extent permitted by law We expressly disclaim all express, implied, statutory warranties, guarantees and representations.
3. Our warranty given in respect of merchantable quality is limited to the replacement or resupply of the affected product to You or a refund of the cost of the product, at Our discretion.

Deliveries

1. Delivery can take up to 10 working days, but this time frame can be shorter depending on the overall pressure on the delivery network at that particular time, your distance from major centres and product availability.
2. Our delivery charges are dependant upon your location and as such, freight costs will vary. We will always try our best to minimise.
3. The final price will be based on the wines selected plus the cost of the courier, which will be displayed at the end of the purchase process.
4. We deliver Australia wide and Couriers Please is our transport partner.
5. If Your order goes missing, or is damaged, between dispatch and delivery, We will send You a replacement order as soon as We can. If We are unable to dispatch replacement goods within 7 days We will offer You a full refund. For these purposes, delivery takes place when products are left at the delivery address specified in Your order.
6. Our courier may require a proof of age identification check if they deem it reasonable at the time they are making the delivery to You or Your authorized agent.
7. If Your order is undeliverable we will contact you to arrange for re-delivery. We may charge you a fee for any re-deliveries.
8. Risk of damage, loss or deterioration to the product passes to You on delivery.
9. Title to the product remains with Us until we receive the full price of the product from you in cleared funds.
10. Due to Northern Territory Government legislative changes to the Liquor Amendment Bill in order to regulate the sale, provision, promotion and consumption of liquor within the Northern Territory, we do not ship to this region.

Travel

1. All Travel product and promotions on dosemporium.com.au are selected and managed by our travel agency partner; National Travel.
2. Whilst we take care for the information on our website, we take no responsibility for travel products.
3. All terms and conditions for travel products on our website must be read in conjunction with the terms and conditions on National Travel Travel website. www.national-travel.com.au/terms-conditions

Liability

1. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Australian Consumer Law or our liabilities under those provisions:
2. You acknowledge that our website, donsemporium.com.au, is provided as is and that we do not make any warranty or representation as to the suitability of the website, anything (including content and websites) to or from which the websites are linked or any product for any purpose;
3. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the website, the subject matter of our agreement with you and all content to or from which the Sites are linked;
4. We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;
5. Risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and
6. Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
7. Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Security, Privacy and Risk

1. For Your own safety We reserve the right to contact Your card issuer for the purposes of carrying out security checks.
2. We take Your privacy very seriously and will only pass Your delivery details to 3rd parties when necessary to fulfill your order i.e. to warehouse operators, carriers and other third parties contracted to dispatch your order to You.
3. You must not upload any type of virus or computer malware onto the website and must ensure that Your computer remains safe and does not infect Our website whilst You are on the website.
4. We may provide links on Our website to third party products and/or services. We do not promote or recommend these products and/or services to You. If You access these links You do so at Your own risk.
5. We expressly disclaim all liability for Your use of this website. Each time You access this website You acknowledge that Your use of this website is at your sole risk and you are solely liable for any damage, loss or expense You incur from using the website.

Vouchers

1. Any promotions, discounts or vouchers are single use only and not to be used in conjunction with any other promotion, discount or voucher unless otherwise stated by us.
2. If you receive a voucher from us, You can use it in the following ways:
3. You must be over the age of 18 to claim a voucher and purchase from us.
4. These Terms and Conditions will become applicable when you redeem a discount promotion or voucher by entering a code and password on our website, along with your email address.
5. Vouchers are valid only on a customer's first order, can only be used once and may not be copied, resold or published in any way without our written approval.
6. Vouchers can not be used in conjunction with any other offer, promotion, discount or voucher unless otherwise stated by us.
7. Vouchers will be applied to your order's market price and your discounted order total will be confirmed before checkout. There may be a minimum spend requirement. Our standard minimum order requirement is 6 or 12 bottles but this may vary by voucher.
8. We reserve the right to withdraw or cancel any voucher for any reason at any time.
9. Vouchers offered from any customer referral program are not valid if published on deal or bargain sites. We reserve the right to cancel any suspicious codes and remove referral credit if we become aware of inappropriate use.
10. As with all of our orders, if you’re not happy with any of the wines for any reason, we offer a full money back guarantee. To receive the full money back guarantee, you must communicate with us within 30 days of the date of delivery of the wine to you. We may require a return of the remaining quantity of wine at our discretion.
11. Vouchers cannot be used to purchase any charity, donation products or used in lieu of any monetary donation.
12. Please note: We may offer vouchers depending upon an event or season or our business partners may offer vouchers which may have different terms and conditions to those listed above, – however, we will ensure that the applicable terms and conditions will be printed on the voucher itself or included on the website.
13. We operate a fair use policy on all promotional vouchers: We will honour vouchers earned from our partners, but we reserve the right to close your account(s) if we reasonably suspect that You are downloading vouchers from a voucher site, or if You set up multiple accounts.

Intellectual Property

1. All content displayed or comprising the website, including without limitation the images, brand names, trademarks, commentary, website layout and software are subject to intellectual property protection in Australia and internationally.
2. You do not have permission to modify the content on this website, permit unauthorized users to access it (whether intentionally or otherwise) or transmit it to third parties.
3. Any misuse of Our intellectual property rights and/or Our partners’ intellectual property rights will result in immediate termination of Your account and You may be liable for damages.

Website Information

1. Information contained on our website is uploaded regularly. We cannot guarantee the information to be correct, current or complete as there are a number of factors which affect this information.
2. We accept no responsibility or liability for any inaccuracies or typographical errors on our website.

Indemnity

1. You agree to indemnify, defend and hold Us, Our officers, employees, partners, suppliers, agents and contractors from and against all losses, proceedings, charges and costs (whether direct, indirect, special, exemplary or consequential) of every kind made against Us due to Your use, misuse or access to Our website and/or in allowing (with or without intention or knowledge) a person under 18 years of 18 access to Our website or to take delivery of the product on your behalf (whether with or without your permission).

Force Majeure

1. We shall not be responsible to You if we are unable to deliver Your order or if we are prevented from performing our obligations under these Terms due to circumstances beyond our reasonable control.
2. We will notify you of any delays to your delivery. However, if we are prevented from performing our obligations beyond a reasonable time then we may, at our discretion, elect to cancel Your order and provide a refund or credit to the value of the cancellation without further liability to You.

Notices to you

1. We may contact you via the contact details provided by you including your email address.
2. You must maintain Your contact details as current at all times.

Entire Agreement

1. These Terms contain the entire agreement between You and Us for the use of Our website to purchase product.
2. All and any other understandings, agreements and representations are hereby expressly excluded.

Applicable law

1. These Terms are governed by the laws of Queensland, Australia and the parties submit to the jurisdiction of the courts of Queensland.

Responsibility

1. It is Your responsibility to consume alcohol sensibly.

Privacy Policy

1.When you join Dons Emporium, we collect personal information about you to enable us to process and deliver your order.

1. This information may include your name, date of birth, contact details, credit card or bank account information and other information relevant to your services.
2. By registering on our website, you consent to Dons Emporium maintaining, recording, holding and using the personal data we collect about you. All data is collected lawfully and maintained in accordance with Australian privacy law.
3. We may also collect your personal information from you when you order wine, enter into one of our competitions or otherwise interact with us (such as through a Dons Emporium application or through social media). This may include information such as preference information and other usage data. We may also collect your personal information from third parties where you have agreed with them that your information may be disclosed.
4. In addition, we collect information regarding activity on our website and other services, such as the number of visitors to the website or application, the date and time of those visits, the number of pages viewed, navigation patterns and, where relevant, the websites visited before visiting the website.
5. On our website, your visits are associated with cookies which are unique identifiers. This information may be collected on Dons Emporium’ behalf by web analytics companies. This information provides us with statistics that we can use to analyse and improve our websites and our products and services. The information we collect may also be used to allow Dons Emporium to send you offers which we feel will be of interest to you, and to send notification of posts from users and winemakers to your "wall". If you would prefer not to receive these e-mails please update your e-mail preferences.
6. We may combine personal information we receive about you with other information we hold about you. This includes information received from third parties. We take all reasonable steps to ensure that the personal information we hold is protected from misuse, interference and loss, and unauthorised access, modification or disclosure by the use of various methods, including secure storage. Where we store your personal information with a third party data storage provider, we require them to keep it secure and only use or disclose it for the purpose for which it was provided.
7. Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal information that we hold.
8. If you opt-out of emails from Dons Emporium, you will only be contacted by us regarding service issues such as, without limitation, order confirmation and delivery confirmation, significant changes to terms and conditions and non-marketing e-mails.
9. If you have any questions relating to this policy, contact us by e-mail on: sales@donsemporium.com.au