Purchase Terms and Conditions

1. Ordering through the Cape Mentelle website
2. Delivery pre-conditions
3. Cancellations by us
4. Title and risk
5. Liability Disclaimer
6. Content terms
7. Wine Club terms
RISKS & WARNINGS

1. Ordering through the Cape Mentelle website

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.

2. Delivery pre-conditions

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).

We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.

You agree that the address to which we may deliver is the address you gave for delivery as part of your order. 

NON-DELIVERY POSTCODES

In line with our commitment to the Responsible Service of Alcohol (RSA) and as a signatory

of Retail Drinks Australia’s Online Code of Conduct, there are several postcodes in Australia

to which we do not deliver under any circumstances.

Non-delivery postcodes include: 4605, 4713, 4816, 4825, 4830, 4871, 4874, 4876, 4892,

4895,5600,5601,5608,5609, 5680, 5690, 5700, 5701, 5710, 5723, 5724, 5734,6429, 6430,

6431, 6432, 6435, 6436, 6437, 6438, 6440, 6442, 6635, 6638, 6639, 6640, 6642, 6701,

6710, 6712, 6713, 6714, 6716, 6718, 6720, 6721, 6722, 6725, 6726, 6728, 6731, 6733,

6740, 6743, 6751, 6753, 6754, 6758, 6760, 6761, 6762, 6765, 6770, 6798, 6799, 0822,

0828, 0834, 0837, 0845, 0846, 0847, 0851, 0852, 0853, 0854, 0860, 0861, 0862, 0870,

0871, 0872, 0873, 0874, 0875, 0880 0881, 0885, 0886

Restrictions for delivery to postcodes 4825, 0800, 0810, 0820, 0850, 0832 are limited to the

following addresses:

Alpurrurulam - Antyiper St, Alpurrurulam NT 4825

Railway Dam - Railway Dam, Darwin City NT (0800) 0850

Kulaluk - Kulaluk Access, Coconut Grove NT 0810

Bagot - Bagot, Eaton NT 0820

Minmarama Park - Minmarama Park, Ludmilla NT 8020

Palmerston Indigenous Community - Narilba Road and Palmerston Town Camp Access

Road, Palmerston NT 0832

This list of non-delivery postcodes may be updated from time to time to reflect any changes

made in each state and/or territory.

3. Cancellations by us

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 any of the ordered products are not available;

if there was any error in the description of any ordered products or their price as advertised by us;

if your order is in breach of these terms and conditions, or contrary to any person's rights or the law; or

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).

If your order is cancelled:

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. 

For the reasons set out in (c) or (d), we will refund you for your order except for the delivery fee where we have already incurred the cost of delivery.

4. Title and risk

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.

5. Liability Disclaimer

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Goods

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.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from any failure with the goods.

Services

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. 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from any failure with the services.

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 exclude all other implied terms and warranties, relating to this site, the subject matter of our agreement with you, and all content to or from which the site is linked;

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.

6. Content terms

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.

7. Wine Club terms

If you have joined our Mentelle Collection and/or Mentelle Explorers wine clubs, we will send you a selection of six bottles of wine every six months.

Payment: Your credit card is charged at the time of each shipment.

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.

Cancelling membership: Your membership will automatically continue unless altered or cancelled. You can change or cancel your membership by emailing [email protected] and letting us know.

Please refer to our Wine Club FAQ page for additional information about our Wine Clubs.

 RISKS & WARNINGS

Customers should also be aware of the following inherent risks and warnings:

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.

A case of wine is heavy, so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.

Red wine in particular may cause staining if spilt, so extra care should be taken.

Sparkling wines can be volatile due to the build up of gasses. Extra care should be taken when opening these.