Terms & Conditions

Website Terms and Conditions

The following Terms & Conditions (Terms), together with our Privacy Policy and Supply Terms & Conditions are the complete terms of a legal agreement between you and Bayfield Hotels (Retail) Pty Ltd ACN 141 188 561 (Bayfield) in relation to your access to and use of this website and the supply of products ordered via the website (if applicable). By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use this website.

Bayfield may alter these Terms from time to time by posting the altered version on this website. You should visit the website regularly to keep up to date with any alterations. By continuing to use this website, you accept the Terms current at the time you access and use it.

If you have any questions or need clarification on any issue please contact our friendly customer service team on 1300 10 55 88, 9am to 5pm EST.

About Us

Bayfields.com.au is operated by Bayfield. Sale of liquor through Bayfields.com.au are made under New South Wales liquor licence 770010178.

Intellectual property

Material and content displayed on or comprised by the website, including but not limited to text, graphics, logos, button icons, images, the website layout and software, is subject to copyright owned by Bayfield, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the website may be the subject of registered trade marks of Bayfield, its related entities or its product suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the website only for your own private non-commercial use and to order products via the website. This permission is subject to you not modifying the content displayed on this site, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website. Any other use of material on the website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.

Information on the website

Information on this website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This website may contain technical inaccuracies or typographical errors. Bayfield assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products or services described on this website.

Third-party material

The website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). Bayfield is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites. Bayfield does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. Bayfield is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.

Viruses

You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.

Use of the website: You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website, including, but not limited to, by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the website or any computer. You must not post on the website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. Bayfield may block/delete from the website any material posted to the website that Bayfield decides contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must not attempt to use the website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the website in contravention of these Terms may result in you being banned from the website, being liable to Bayfield for breach of contract and/or infringing applicable law.

Disclaimer of warranty

Use of this website is at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties or guarantees whatsoever. Bayfield expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Bayfield does not represent or warrant that the functions within the website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements. You agree that in using the website you have not relied on any statement or representation made by Bayfield not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, Bayfield limits its liability for breach of any such warranties, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Bayfield’s discretion.

Limitation of liability

To the extent legally permitted, in no event will Bayfield be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced or accessed through this website, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Bayfield is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Bayfield’s maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Indemnity

You agree to indemnify, defend, and hold harmless Bayfield, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.

Password security

If you are allocated a password to access any part of the website, you are responsible to prevent the password being disclosed to any third party.

Privacy

Your privacy is important to Bayfield. Bayfield deploys encryption and other technology with the aim of protecting credit card information and the customer database. Access to this database within Bayfield is restricted. Bayfield does not sell, trade or rent personal information. By providing your details to Bayfield via the website, you consent to Bayfield maintaining, recording, holding and using that information to process its orders, to improve service to customers and to inform you of promotions. Further information about the collection and use of your personal information is contained in our Privacy Policy.

Applicable law

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.

Supply Terms and Conditions

We are committed to ensuring your wine experience is as enjoyable as possible and this includes an easy, hassle free delivery. If you have any questions or issues regarding the supply of your wines, please call us on 1300 10 55 88.

The following Terms & Conditions (Terms), together with our Privacy Policy and Website Terms & Conditions are the complete terms of a legal agreement between you and Bayfield Hotels (Retail) Pty Ltd ACN 141 188 561 in relation to your access to and use of the Bayfields.com.au website and the supply of products and services ordered via that website. By ordering products or services from the website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Buyers

You may buy products supplied by us by completing the product order form available on our website, Bayfields.com.au. To buy liquor via our website, you must be at least 18 years of age and specify a delivery address within Australia. By placing an order, you confirm that you are at least 18 years of age. If buying wine as a gift, the recipient must also be at least 18 years of age. You confirm that recipients of wine you purchase via our website are at least 18 years of age. You must provide a valid and current form of ID confirming your age (such as a drivers licence, passport or proof of age card) at the time of delivery. If you are unable to produce appropriate ID confirming your age, the carrier will not supply the wine to you. However, you will be responsible for our charges in arranging supply and delivery (and return to us, if necessary).

Special offers

We may provide special offers in relation to our products and services from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to products or services ordered by you in accordance with these Terms before the date the special offer was terminated.

Prices

Prices stated are in Australian dollars, and may be per bottle, 6 pack or per 12 bottle case or carton, as stated. Prices include GST but exclude delivery charges, unless otherwise stated.

Payment

The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will not commence until payment has been processed/validated. We accept payment by Visa, MasterCard and American Express. Credit card details are processed using SSL 256 bit encryption and are not stored by us.

Weekly Specials

All Weekly Special advertised prices (online, instore, Manly Daily) will supercede any existing catalogue price.

Pricing and product description errors

If a product inadvertently appears on our website at the wrong price or with a wrong description, we may decline or cancel any orders placed at the wrong price or based on the wrong description, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase at the wrong price or based on a wrong description and the order is cancelled, we will notify you and issue a credit to your credit card account in the amount charged.

Product availability

All wine is offered for sale subject to available stock. If a product is out of stock, we will contact you to offer a substitute wine of at least equal quality. If you do not accept a substitute wine and your credit card has been charged for wine that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.

Delivery

We deliver Australia wide, using our delivery partner Australia Post. Delivery fees may apply. Please refer to our Home Page for Details. Australia Post endeavour to deliver wine to Australian capital city metropolitan areas within 5-7 working days. For delivery addresses in Australian regional centres and outside metropolitan capital cities, allow at least 10 working days. In outlying or remote areas, delivery will take a little longer. Delivery times are also subject to availability of stock. Accordingly, we do not guarantee any specific delivery date.

To ensure delivery and tracking of your wine, you must specify a delivery address where you will be available to sign for receipt upon delivery during normal business hours.

Wine is normally delivered Monday to Friday between 9.00 am and 5.00 pm (excluding public holidays) to either business premises or a residence, as you nominate. Unless you have given us other instructions in relation to delivery when placing your order, if you are not present at the time of delivery or if for any reason the carrier cannot deliver to your specified delivery address, an “Article Awaiting” card will be left at the specified delivery address. The goods will then be automatically delivered to the nearest Post Office. Delivery to a Post Office is considered delivery to you for the purpose of these Terms. Goods will not be left at unattended premises without specific instructions from you when placing the order nor will they be left with persons under the age of 18 years (proof of age will be required). You are responsible for contacting Australia Post within 7 days of the date of the “Article Awaiting” Card. We are not responsible for goods that are left unattended at your request or that remain unclaimed or are not located as a result of you failing to contact Australia Post within the time specified above.

Minimum Delivery

We deliver “in any six bottles” for wine and spirits. You can mix and match any 6 bottles. Beer, RTD’s and Casks are in full cases – we do not deliver single bottles or mixed cases except where our website indicates that orders for single bottles are accepted. Orders must be for a minimum of a case or 6 bottles, as stated above, unless a different case size applies to a particular product as indicated on our website. Our delivery charge is per case (or part thereof). For wine and spirits a case is 12 bottles. If you order 6 bottles the freight rate is the same as 12 bottles.

Where we deliver

We deliver wine anywhere in Australia, except for areas that are classified by the Australian Government as dry zones or Australian Islands that are classified as in International Waters. If you are unsure whether we can deliver to your area, please call us on 1300 10 55 88.

Alcohol and Dry Area restrictions for Queensland

Delivery into the following areas is restricted. Our carriers will not deliver to the following postcodes: Aurukun Postcode – 4871, Bamaga Postcode – 4876, Cherbourg Postcode – 4605, Doomadgee Postcode – 4830, Hope Vale Postcode – 4871, Injinoo Map Postcode – 4876, Kowanyama Postcode – 4871, Lockhart River Postcode – 4871, Mapoon Postcode – 4871, Mornington Island Postcode – 4825, Napranum Postcode – 4874, New Mapoon Postcode – 4876, Palm Island Postcode – 4816, Pormpuraaw Postcode – 4871, Seisia Postcode – 4876, Umagico Postcode – 4876, Woorabinda Postcode – 4713, Wujal Wujal Postcode – 4873 and Yarrabah Postcode – 4871. These locations may be added to or modified from time to time.

Undeliverable Wines

If a carton of wine is deemed undeliverable by Australia Post they will advise us and we will contact you to arrange re-delivery in accordance with these Terms.

Delivery Charges

We charge a delivery cost for every carton determined by postcode in addition to the price of the wine. Delivery charges are based on a 12 bottle case. Please refer to our Home Page for more detailed freight charges by postcode.

Breakages

If you receive a case of wine with one or more broken bottles, we will issue you a credit in the amount paid for the broken bottles or send replacement bottles at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.

Risk

Risk of damage, loss or deterioration to products passes to you on delivery in accordance with these Terms.

Title

Products ordered by you remain our property until you pay for them in full.

Product warranties

We warrant that products supplied by us via the Bayfields.com.au website will be of merchantable quality when delivered. To the extent legally permitted, we expressly disclaim all other express, implied, statutory and other warranties, guarantees and representations. If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, our liability for breach of any such warranties, conditions or representations and the warranty given in respect of merchantable quality is limited to the replacement or resupply of the affected products or services or a refund of the costs of the products or services, at our discretion.

Returns

You may return any wines that are not of merchantable quality at the time of delivery or are not in accordance with your order by contacting us within 30 days of the delivery date. Where wine is to be returned, Australia Post will collect the wine from you at a mutually convenient time during Monday to Friday 9 am to 5 pm (excluding public holidays). Wine should be packed to avoid breakage in transit and addressed to our Sydney address. Freight costs for return of wines that are not of merchantable quality at the time of delivery or are not in accordance with your order will be at our cost. We will issue you a credit in the amount paid for the returned wines or send replacement bottles at our discretion.

Limitation of liability

To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via the Bayfields.com.au website or the use of such products or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Indemnity

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to products and services supplied by us.

Vouchers

If we issue you a voucher to redeem against the future purchase of wine, the terms and conditions on that voucher apply. Vouchers are non-transferable and may not be redeemed for cash. Vouchers may only be valid for a limited time specified on the voucher. We suggest that you check the term specified on your vouchers to ensure that they are valid before use. We are not responsible for your failure to use vouchers within the relevant time and will not replace or accept expired vouchers or give refunds for expired vouchers.

WIN $1000 Competition

The ‘WIN $1000 CASH PROMOTION’ as advertised in our Bayfield’s May/June 2018 catalogue and online at www.bayfields.com.au will run from the ‘Promotional Period’ of 09:00 on Wednesday 16 May 2018 to 20:00 on Tuesday 19 June 2018. Entry is only open to residents of Australia who are aged 18 years or over, and who are available to redeem prize within 72 hours of Prize Draw Announcement. Employees of Bayfield Hotels and their immediate families are ineligible to enter. Entry into the Promotion is free. To qualify for the promotion you must sign up and subscribe here. Entry is strictly one email address per entry. The winning prize consists of a AUD$1000 cash prize to ONE winner in total. The total value of the prize is AUD$1000 and is non-transferrable or exchangeable.

The winner will be randomly selected by Bayfield Hotel Group, and notified by their preferred nominated contact method on Wednesday 20 June 2018. The winner of this competition agrees that their identity may be disclosed in winner announcements and promotional material.

If prize is not claimed within the 72 hour period of being contacted, a second draw will take place on Monday 24 June 2018 at 12.00pm and revised winner will be notified by their nominated contact method. No responsibility is accepted for late or misdirected entries. Incomplete or indecipherable entries will be deemed invalid.

The Promoter reserves the right, at any time during or after the closing date of the promotion to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms and Conditions. Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. All entries received online or instore during the ‘Promotional Period’ will be entered into the one online draw. The draw will be conducted on Wednesday 20 June 2018 at 12pm AEST. The Promoter reserves the right to draw additional reserve entries and record them in order in case of an invalid or ineligible entry. The Promoter’s decision is final and no correspondence will be entered into. The Promoter is Bayfield Hotels Retail Group ACN 141 188 561 Dee Why Grand, 834 Pittwater Road Dee Why NSW 2099. Authorised under NSW Lotteries NSW permit number LTPS/18/24853.

Collection and use of personal information is subject to our privacy policy which is available here https://www.bayfields.com.au/privacy-policy/
By entering the competition you agree for your details to be used for marketing purposes by Bayfields.

Notifying us

To notify us, please call 1300 10 55 88 between 9am – 5pm EST Monday to Friday, excluding public holidays, or email contactus@bayfields.com.au or post a letter to “Bayfields.com.au, Locked Bag 2011. Mona Vale 1660” or other address we notify from time to time.

Notices to you

We may notify you by email, a general notice on the Bayfields.com.au website, or by other reliable method to an address previously provided by you.

Force majeure

You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

Entire Agreement

These Terms (including any terms or policies it incorporates by reference) constitute the entire agreement between you and us concerning its subject matter and supersedes all prior communications.

Alterations

We may alter these Terms from time to time by posting the altered version on our website at www.Bayfields.com.au. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect.

Applicable law

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.

Warning

We recommend that you consume alcohol responsibly and only in moderation. Please enjoy your wine in moderation.

Bayfields Superstore

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