1. DEFINITIONS
“Agreement” means the terms and conditions that apply to the use of the Website which may be amended from time to time. WILD EVOLUTION PTY LTD trading as Contentious Character (ABN: 63 613 080 943). “Products” means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement. “Purchase Order” means the online purchase order form to be completed by You in relation to Your purchase of the Product. “Website” means internet website with the URL www.contentiouscharacter.com.au and associated websites. “You” means the user of the Website (and “Your” has the corresponding meaning).
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by WILD EVOLUTION PTY LTD trading as Contentious Character, to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 1.2. Payment can be made using credit card.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by WILD EVOLUTION PTY LTD trading as Contentious Character. We will email You with confirmation of the receipt of Your Purchase Order, and then Acceptance by WILD EVOLUTION PTY LTD trading as Contentious Character, will be upon your receipt of the email confirming despatch of the Product in accordance with clause 3.4 and 3.5. WILD EVOLUTION PTY LTD trading as Contentious Character may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by WILD EVOLUTION PTY LTD trading as Contentious Character.
1.4 The Purchase Order must pay the full purchase price (including any GST) in full together with any other applicable fees or charges (for example, insurance, delivery charges, WET tax). You authorise us to debit your credit card account for the total amount payable to us as a result of any purchases by you. Our fulfilment processes are automated and as a result, orders cannot be amended, changed or cancelled.
1.5 WILD EVOLUTION PTY LTD trading as Contentious Character reserves the right to alter prices at any time. If a product inadvertently appears on the WILD EVOLUTION PTY LTD trading as Contentious Character website at the wrong price, WILD EVOLUTION PTY LTD trading as Contentious Character may decline or cancel any orders placed at the wrong price, no matter if the order has been confirmed and a credit card charged. If your credit card was charged for the purchase and your order is cancelled, WILD EVOLUTION PTY LTD trading as Contentious Character will notify you and issue a credit to your credit card account in the amount of the cancelled order.
1.6 WILD EVOLUTION PTY LTD trading as Contentious Character may withdraw and/or re-list any item for sale on the Contentious Character Website if the item:
• Becomes unavailable;
• Is withdrawn by the supplier; or
• Was incorrectly described or listed.
1.7 The secure credit card payment system is powered by Stripe Payment Systems. This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilizes data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.
1.8 The use of cookies on this Website – this Website uses cookies to allow the web server to recognize you as a unique user when you visit. These cookies are necessary for the proper functioning of certain data access features on the site, such as the online shopping component. Cookies allow programs running on the web server to keep track of your order data and any options you have specified, such as currency conversion rates. The use of cookies is restricted to allowing the web server to recognize you as the same visitor to the Website each time you interact with the data-driven features of the Website. Though cookies uniquely identify you to the web server, they do not personally identify you, therefore it is not possible for us to determine your name or email address from the cookies we place on your computer.
1.9 Expiry of cookies – the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website. <developers checking on this>
1.10 WILD EVOLUTION PTY LTD trading as Contentious Character does not store or keep credit card numbers from online transactions. The last four numbers and expiry date of your credit card number are kept by [Stripe] Payment Systems for verification of order and identification purposes only. We do all we can to ensure your shopping experience is a positive one, in the event your credit card is used without your authorization, the card holder must notify the provider of the credit card in accordance with the providers reporting rules and procedures.
1.11 WILD EVOLUTION PTY LTD trading as Contentious Character reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party. Contentious Character website is for your personal and non-commercial use only. WILD EVOLUTION PTY LTD trading as Contentious Character may terminate your right to access and use Nomad Wines website at any time if you breach these terms and conditions.
1.12 The Website is owned and operated by WILD EVOLUTION PTY LTD trading as Contentious Character. This Agreement supersedes all prior agreements and may be revised by WILD EVOLUTION PTY LTD trading as Contentious Character from time to time.
1.13 This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
2. ELIGIBILITY TO PURCHASE & RESPONSIBLE SERVICE OF ALCOHOL
2.1 In order to make purchases on the Site you will be required to provide your personal details. In particular you must provide your real name, phone number, email address, date of birth and other requested information as indicated. In accordance with our Liquor License, and the laws of the State of NSW, we are unable to process any payment to purchasers under the age of 18 years. If you are under 18 years of age and have made a purchase, WILD EVOLUTION PTY LTD trading as Contentious Character will be unable to fulfill your order and will refund you the full purchase price. You will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing Information provided.
2.2 Under Australian laws, alcohol beverages can only be sold or supplied to persons aged 18 years of age and over. By subscribing to WILD EVOLUTION PTY LTD trading as Contentious Character and/or placing an order, you confirm that you are at least 18 years of age.
3. HANDLING OF WINE
Please note that a full case of wine weighs more than 16kg. We recommend that our customers take extra care when lifting deliveries. If you have concern about the weight, we suggest you open your delivery and transfer bottles one or two at a time.
4.YOUR USE OF THE WEBSITE
4.1 You agree that You will use the Website in accordance with these terms and conditions and that any unlawful use of the website will result in the termination of your registration.
4.2 You will not violate or attempt to violate the security of the Website. You agree not to hack into the Website, WILD EVOLUTION PTY LTD trading as Contentious Character computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, initiating and spreading viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation.
5. SITE LIABILITIES AND INDEMNITY
5.1 To the fullest extent possible, the limitation of liability and indemnity set out in these terms and conditions also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.
6. YOUR ACCEPTANCE OF THESE TERMS AND CHANGES TO THE TERMS
6.1 You will be asked to accept this Agreement during the purchase process by ticking “I agree with WILD EVOLUTION PTY LTD trading as Contentious Character’s Terms & Conditions and Privacy Policy “. By ticking “I agree with WILD EVOLUTION PTY LTD trading as Contentious Character’s Terms & Conditions and Privacy Policy” you agree to the terms and conditions of this Agreement.
6.2 From time to time, this Agreement will be reviewed and may be revised. WILD EVOLUTION PTY LTD trading as Contentious Character reserves the right to change this Agreement at any time. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer WILD EVOLUTION PTY LTD trading as Contentious Character.
7. WEBSITE AVAILABILITY
7.1 From time to time down-time, either scheduled or unscheduled, may occur. WILD EVOLUTION PTY LTD trading as Contentious Character will work within reason to ensure this amount of down-time is limited.
7.2 WILD EVOLUTION PTY LTD trading as Contentious Character will not be held liable for the consequences of any down-time.
8. INTELLECTUAL PROPERTY
8.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
8.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by WILD EVOLUTION PTY LTD trading as Contentious Character.
8.3 All rights not expressly granted are reserved.
8.4 You acknowledge that WILD EVOLUTION PTY LTD trading as Contentious Character is entitled to require you to remove any link from another website to this Website which you install without obtaining WILD EVOLUTION PTY LTD trading as Contentious Character prior written consent. This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under WILD EVOLUTION PTY LTD trading as Contentious Character direct control and accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website).
9. WARRANTIES
9.1 Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified (“Non-excludable Rights”). Notwithstanding any other term in this Agreement, WILD EVOLUTION PTY LTD trading as Contentious Character does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
9.2 You acknowledge that the Products require special storage. WILD EVOLUTION PTY LTD trading as Contentious Character will not be liable for any damage caused by any failure by You to maintain the storage of the Products in a temperature controlled environment not less that 10 degrees Celsius and not more than 22 degrees Celsius.
10. LIMITATION OF LIABILITY
10.1 To the fullest extent permitted by law, WILD EVOLUTION PTY LTD trading as Contentious Character ‘s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of WILD EVOLUTION PTY LTD trading as Contentious Character, to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
10.2 WILD EVOLUTION PTY LTD trading as Contentious Character exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if WILD EVOLUTION PTY LTD trading as Contentious Character has been notified of the possibility of such loss or damage.
10.3 You agree that WILD EVOLUTION PTY LTD trading as Contentious Character liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
11. FORCE MAJEURE (CIRCUMSTANCES BEYOND OUR CONTROL)
11.1 WILD EVOLUTION PTY LTD trading as Contentious Character will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond WILD EVOLUTION PTY LTD trading as Contentious Character reasonable control.
12.TERMINATION
12.1 WILD EVOLUTION PTY LTD trading as Contentious Character reserves the right to terminate this Agreement at any time.
12.2 Subject to clause 11.3, WILD EVOLUTION PTY LTD trading as Contentious Character shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
12.3 If the Product has not been delivered to You prior to any termination of this Agreement by WILD EVOLUTION PTY LTD trading as Contentious Character, WILD EVOLUTION PTY LTD trading as Contentious Character will refund to You any payment You have made prior to the termination.
13. MISCELLANEOUS
13.1 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by WILD EVOLUTION PTY LTD trading as Contentious Character in writing.
13.2 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party’s ability to subsequently exercise those rights.
13.3 The Agreement will be made on WILD EVOLUTION PTY LTD trading as Contentious Character ‘s acceptance of Your offer and will be, and is, governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
13.4 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of New South Wales, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
13.5 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect. REGISTRATION Unfortunately, given our focus on Responsible Service of Alcohol, WILD EVOLUTION PTY LTD trading as Contentious Character is unable to process checkouts to “guest” users. All purchases must be made with a registered account. When creating an account you will be asked to provide the following information.
First Name
Last Name
DOB
Postcode
Billing / Delivery address
Phone number
Wine Preferences
You represent that this information is accurate and can confirm to WILD EVOLUTION PTY LTD trading as Contentious Character that you are at least 18 years of age. All account information is kept confidential in accordance with the privacy policy.
PROMOTIONAL AND DISCOUNT CODES
From time to time WILD EVOLUTION PTY LTD trading as Contentious Character may issue discounts or promotional codes. Any promotional code issued by WILD EVOLUTION PTY LTD trading as Contentious Character my only be redeemed online at www.contentiouscharacter.com.au. Promotional codes may not be redeemed at any location, physical or digital, other than www.shop.nomadwine.com.au. Promotional codes are restricted to one per order and cannot be combined with any other promotion codes. Each promotional code may only be redeemed once per household / delivery address unless expressly stated otherwise. WILD EVOLUTION PTY LTD trading as Contentious Character reserves the right to refuse the use of promotional codes in conjunction with items that are marked as sale, special, reduced or in any other way reduced from the original price stated on the product. Any terms and conditions on a promotional code apply and bind the holder of the promotional code. All promotional codes will have an expiry date, after which the promotional code will expire and no longer be redeemable. WILD EVOLUTION PTY LTD trading as Contentious Character reserves the right to revoke any and all promotional codes without notice. All promotional codes must be applied to an order at the time of checkout. Promotional codes cannot be applied retrospectively.