Purchase Terms and Conditions
Cape Mentelle Vineyards Ltd (ABN 79 008 815 334) (“Cape Mentelle”) does not sell alcohol to persons under the age of 18. When placing an order on our website, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
Cape Mentelle makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 18. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Cape Mentelle is over the age of 18. We will not deliver your order if we reasonably consider any delivery circumstances are unsuitable, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable to accept delivery for any reason (including because they may be under 18 years).
Your order is an offer to buy from Cape Mentelle. We may cancel your order before completion of delivery in whole or in part. We may do this even if we have received payment from you or have sent you a tax invoice. We will give you reasonable notice of the cancellation and refund by contacting you via phone, text, or email. The circumstances in which we may cancel your order (acting reasonably) are as follows:
if these terms and conditions (for example, under “Delivery pre-conditions” above) provide that we will not or may not deliver your order (for instance in the event of intoxication, or purchasing by or on behalf of a minor).
For the reasons set out in (a) or (b), you will not be charged for the cancelled order. If any payment has been taken for the cancelled order, then the full amount, including any bank fees and charges, will be refunded to your original payment method or through an alternative means where we agree.
All wines or other goods ordered remain the property of Cape Mentelle until dispatch occurs. Immediately on us making a refund to you for any products (less any amount you have agreed we may deduct, for example under "Delivery returns/non-collection" or "Cancellations" above) you agree that the title in those products shall pass back to us.
Provided we have acted on your delivery instructions, you agree that risk of loss or damage to products relating to your order passes on delivery of them, including where delivery is to unattended locations. Our total liability to you for non-delivery of purchased goods is limited to the purchase price and delivery fee paid for the products.
Cape Mentelle shall not be liable for any delay in delivering your wine if that delay or failure is caused by circumstances beyond our control such as war, riot, civil commotion, malicious damage, compliance with any current or future law or governmental order, rule, regulation or direction, fire, flood, storm or other poor weather conditions, Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
For major failures with goods we provide, you are entitled to a replacement or refund and compensation for any drop in value of the goods. Where the failure does not amount to a major failure, you are entitled to either a repair, replacement or refund.
For major failures with services we provide, you are entitled to (i) cancel the services contract and get a refund for the parts of the service not already consumed; or (ii) keep the services contract and get compensation for any drop in value of the services.
Where the failure does not amount to a major failure, you are entitled to a refund or to have the problem rectified (free of charge and within a reasonable time). If this is not done, you can get someone else to rectify the problem and recover the reasonable costs, or cancel the service (if it is ongoing) and get a refund.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
You acknowledge that our site is provided "as is" and that we do not make any warranty or representation as to the suitability of the site, anything (including content and websites) to or from which the site is linked or any product for any purpose;
The content of this site and all content to or from which the site is linked does not constitute advice but may include statements of opinion and as such should not be relied on in making, or refraining from making, any decision;
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.
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.
Cape Mentelle may make changes to the materials and services on this website, or to the products and services described in them, at any time without notice. The materials and services on this website may at times become out of date, and Cape Mentelle makes no commitment to update the materials and services on the website within a specified time.
Membership duration: Our Wine Clubs require a commitment to receive a minimum of two shipments. You may wish to receive your catch-up selection immediately if you signed up between our Summer and Winter shipments. Otherwise, we dispatch Wine Club shipments bi-annually in July and November.
Alcohol should be consumed in moderation and never in conjunction with operating a motor vehicle or machinery. Women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. Alcohol consumption may cause health problems.