Terms and Conditions

Malone Wines Terms & Conditions

J.A. Malone & Co Pty Ltd trading as Malone Wines | ABN: 11 074 540 006 | Liquor Licence No. 57608011 | Postal Address: PMB 47 Naracoorte, South Australia 5271.

The Sale Contract

Your contract of sale is with J.A. Malone & Co Pty Ltd trading as Malone Wines; ABN: 11 074 540 006, under its Liquor Licence No. 57608011. The sale of liquor pursuant to the offer to purchase from our website is made at our licensed premises attached to Liquor Licence No. 57608011. Should you object to any of these Terms and Conditions (including any subsequent amendments), please discontinue using this website.

Conditions of Sale

Malone Wines is authorised to sell liquor under the South Australian Liquor Licensing Act 1997; Liquor Licence No. 57608011.

In Australia, you must be eighteen (18) years of age or older to purchase any alcoholic beverage, and proof of age may be required. It is illegal for Malone Wines to sell alcohol to persons under 18. By entering and confirming payment details on any online sales platform that Malone Wines owns or operates, you certify that you are 18 years of age or older.

Goods purchased from Malone Wines will not be delivered to persons under the age of 18 years. We may request that the person who receives the goods provide satisfactory evidence of proof of age. We will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.

Anyone at the nominated delivery address who receives the goods is presumed to be authorised to receive the goods.

Goods must be purchased for personal use only, not for the purposes of resale.

Malone Wines currently only delivers within Australia.

Vintages for Sale

The vintages we offer for sale are subject to change, but we advise when a particular vintage is now longer available for regular sale.

Listed Price

The prices listed on any online sales platforms that Malone Wines owns or operates, are subject to change - the price payable for our wines is the price applicable at the time you made your online order.

All listed online prices do not include a delivery and handling fee, which will be applied at the checkout (if applicable).

Payment

There is no obligation by Malone Wines to sell the goods until we accept your order, and receive payment. Orders cannot be cancelled once accepted, unless by arrangement with us.

Risk and Title

Risk and title in the goods passes to you upon delivery of the goods to the nominated delivery address.

Delivery Policy

Please allow for up to 7 working days for capital city deliveries and up to 10 working days for regional areas, once we have received confirmation of your order. You are responsible for providing full and accurate delivery address, contact numbers and instructions. If you have not received your wines in this timeframe, please contact us and we will trace your delivery. 

Delivery times made known to you are estimates only and Malone Wines is not liable for any late or non-delivery.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel an order.

While we will use all reasonable endeavours to deliver by any requested or agreed date, we do not guarantee delivery on that date and we are not liable for any loss resulting from late delivery.

Without limiting the operation of any other Terms and Conditions herein, Malone Wines will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Malone Wines is not liable for any loss, damage or delay occasioned to you or any other person claiming through you arising from late or non-delivery of the wine ordered.

Damaged in Transit

In the event that you receive a product that appears to have been Damaged in Transit you should:

• Refuse to accept delivery of the product.
• Direct the Courier to Return Goods to Sender.
• Notify us immediately, by contacting us via shop@malonewines.com.au

If you have already accepted delivery, and then notice that the product appears to have been damaged during transit you should notify us immediately, so we can begin a “Damaged in Transit” process. 

Should you receive a case of wine that appears to have been damaged in transit we will provide you a replacement, or an alternative product of equal value of your choice. 

Should you receive a product that is different to what you ordered then we will provide you a replacement (if product is available), or an alternative product of equal value of your choice, or a full refund. 

Returns Policy

If for any reason you are dissatisfied with a product you received from Malone Wines, please contact us immediately by email shop@malonewines.com.au with the following information:

• Your name and contact details
• Date of purchase and receipt numbers
• Description of Product purchased
• Reason outlining your dissatisfaction with the product.

 If you are dissatisfied with the product you received, you can return them for a full refund (provided that at least 9 bottles from a dozen case or 4 bottles from a 6 case are returned to us in good condition), under the following circumstances:

• All un-opened wine bottles are returned within 7 days of opening any of the wine cases, and upon internal testing of the product by Malone Wines it is deemed faulty or defective.

Limitation of Liability

Nothing in this Contract is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between us and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.

To the extent that we breach any condition or warranty implied into the arrangement between us and you and which cannot be excluded or modified, Malone Wines’ liability is limited to, at our discretion, either: (i) replacement of the goods or supply of equivalent goods; (ii) payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services, to: (i) supply of the services again; or (ii) payment of the cost of having the services supplied again.

Subject to the above, we are not liable to you (or to any third party claiming through you) for, and you release us from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property (“Loss”) caused by any act or omission of Malone Wines, its employees or agents, and whether based on negligence or other tort, contract or otherwise.

Amendments

We may add, delete, or otherwise change any of our terms & conditions. If substantial changes occur, we will notify all customers via email. Use of our service after notification constitutes acceptance of the changes.

 

Website Content

Copyright in all materials on this website is the property of Malone Wines, except where noted otherwise, and must not be reproduced except as permitted under the Copyright Act 1968 or other applicable laws, or as expressly permitted by Malone Wines.

Malone Wines does not represent that any information obtained from this website is free from computer viruses or other faults. It is your responsibility to scan any information for viruses. Malone Wines is not liable for any loss or damage related to any virus, fault, or defect. You assume all risks arising from the use or performance of such information.

You waive any and all claims against Malone Wines arising out of or in relation to your use of this website.

For permission to use material from this website, please obtain written permission by emailing Will Malone at will@malonewines.com.au