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2001 Rosemount Estate Traditional
JIMMY WATSON TROPHY WINNER
VERY LIMITED STOCK ! !
Winery: Rosemount Estate
Vintage: 2001
Wine Area: McLaren Vale
Variety: Red Blend
Our Price:
AUD$ $35.00
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PRIVACY POLICY
FlagShipWines is committed to your privacy. Personal information is collected when Purchasers place an Order. The information provided is supplied voluntarily and is only used for the purpose of satisfying Orders.
When making a purchase and agreeing to our Terms & Conditions, the Purchaser also gives consent to FlagShipWines's use of the personal data supplied. FlagShipWines will not use any data provided by the Purchaser for any purpose or disclose it to any other third person, except to the extent necessary to perform its obligations, or unless compelled to do so by Law, or in the event that it is necessary to bring any proceedings or other actions.
TERMS AND CONDITIONS OF PURCHASE AND STORAGE
("the Conditions")
1. General Application
Part A of these Conditions are common to and will apply to both onshore and offshore Purchasers and whether the Purchaser adopts the Standard Payment Terms or Discount Payment Terms (see Part B) or the Instalment Payment Terms (Lay-by) (see Part C) or The Deliver and Drink Now Payment Terms (see Part D)
2. Interpretation
In these Conditions unless there is something in the subject or context inconsistent with it:
2.1 words importing persons shall be deemed to include all bodies and associations, whether corporate or unincorporated and vice versa;
2.2 words (including defined terms) importing the singular shall include the plural and vice versa;
2.3 the headings in these conditions are for convenience and reference only and shall not be construed as affecting the meaning or interpretation hereof;
2.4 a reference to a clause can be a reference to a distinct clause, sub- clause, paragraph, sub-paragraph or the like to simplify references throughout these conditions;
2.5 the obligations imposed and the benefits conferred under these conditions on each of the parties shall be binding upon it and shall endure for the benefit of the respective parties and each of their respective Successors in Title, Legal Personal Representatives and Permitted Assigns;
2.6 these conditions shall not give rise to any Employment, Partnership or Joint Venture Agreement between the parties.
3. Definitions
3.1 "The Premises" shall mean the premises located at Red Hill Cool Stores, Station Road, Red Hill South, or such other premises as FlagShipWines consider appropriate.
3.2 "Wine" shall mean the Wine being purchased on behalf of the Purchaser by FlagShipWines Pursuant to these Conditions.
3.3 "FlagShipWines" shall mean the trading entity Wine Invest Pty Ltd ACN 078 792 480 ABN 69 078 792 480, the Registered Address of which is Station Road, Red Hill South Vic Australia 3937
3.4 "The Purchaser" shall mean that party nominated as the Purchaser on the Order Form and as accepted as such by FlagShipWines and which agrees to be bound by these Conditions and the details of which are provided pursuant to these Conditions.
3.5 "Onshore Purchaser" shall mean a Purchaser which is domiciled in Australia.
3.6 "Offshore Purchaser" shall mean a Purchaser which is domiciled outside of Australia and requests delivery of the Wine to a location outside of Australia.
3.7 "The Site" shall mean FlagShipWines's World Wide Web Site at the Internet Address www.FlagShipWines.com
3.8 "The Order" shall mean the form to be completed by the Purchaser requesting to purchase Wine from FlagShipWines in accordance with these Conditions.
3.9
(a) "GST" shall mean GST within the meaning of the GST Act.
(b) "GST Act" means A New Tax System (Goods and Services Tax) Act 1999" (as amended) and or replaced from time to time.
3.10
(a) "Wet" shall mean WET within the meaning of the WET Act.
(b) "Wet Act" shall mean A New Tax System (Wine Equalisation Tax) Act 1999 as it is amended and or replaced from time to time.
3.11 "These Conditions" means the Agreement entered into between the Purchaser and FlagShipWines for the Purchase of Wine which incorporates these Conditions, Part A and the relevant Conditions for each Purchaser pursuant to Parts B, C and D of these Conditions.
3.12 "The Seal of Provenance" shall mean the Seal applied to cases of wine and/or bottles of wine by FlagShipWines at the time the wine is withdrawn from storage, after a minimum of three years storage by FlagShipWines, certifying that it has been cellared in accordance with the conditions established by FlagShipWines as being ideal for wine storage from the time of purchase by FlagShipWines to withdrawal from FlagShipWines's premises.
3.13 "A case of wine" shall mean twelve bottles of that wine.
3.14 "A Lot" shall mean the number of cases of the wine as set out in the Order Form and confirmed as purchased to the Purchaser by FlagShipWines.
4. Purpose
4.1 These Conditions set out the respective rights and obligations of FlagShipWines and the Purchaser.
4.2 By completing the Order Form, the Purchaser agrees to be bound by the Conditions.
4.3 FlagShipWines may amend the Conditions at any time upon seven days' prior Notice by notifying the Purchaser either by Publishing the amendment to the Conditions on the Site or sending to the Purchaser by e-mail or in writing details of the changes in the Conditions. If such changes are not acceptable to the Purchaser, the Purchaser may (prior to such changes coming into effect) terminate the Agreement with FlagShipWines by notifying FlagShipWines through the Site or in writing. If the Purchaser terminates the Agreement pursuant to this Clause, the provisions relating to early termination as stipulated in these Conditions will take effect.
5. Registration
5.1 Where the Purchaser intends to pay by Credit Card, the Purchaser warrants and represents that all information provided by it is true and complete. The Purchaser must immediately notify FlagShipWines of any changes to such information.
5.2 The Purchaser is required to enter details of its credit facility in accordance with these Conditions. The Purchaser must ensure, and represents and warrants that:
(a) The Purchaser is fully entitled to use the credit card facility both at the time when it enters its details and when using it; and
(b) The Purchaser has or will have, at all relevant times, sufficient funds or available credit to cover all charges incurred by it in entering into any arrangement with FlagShipWines pursuant to these Conditions.
6. The Purchasers' Eligibility to place an Order
6.1 These Conditions can only be agreed to by persons who can enter into a legally binding Contract under Australian Law. A Purchaser may only Order if, and the Purchaser warrants and represents that, (if an individual) the Purchaser is over the age of 18 (or, if higher, the legal minimum age for Purchasing alcohol in the Country in which the Purchaser resides) and if Registering on behalf of a Company, Partnership, Trust or other Business, that the Purchaser has the authority to enter into this Agreement on these Conditions on behalf of such Company, Partnership, Trust or other Business and, if domiciled outside Australia, that the Purchaser is legally permitted to enter into such Agreement. The Purchaser must obtain the prior written consent of FlagShipWines to enter into this Agreement if the Purchaser is acting as an agent for a third party.
6.2 Without limiting the foregoing, FlagShipWines may refuse to provide or continue to sell wine or provide services to anyone at any time at its sole discretion. Ordering shall not entitle the Purchaser to enforce the Conditions, nor shall FlagShipWines be obliged to comply with the Conditions until such time as FlagShipWines has confirmed its acceptance of the Purchaser's Order. Where the Purchaser has ordered the wine on the site, the Purchase shall only be deemed to be effected after the Order has been confirmed by FlagShipWines on the site. FlagShipWines shall endeavour to confirm the Purchases within two working days of receipt of Order.
6.3 The Purchaser acknowledges and accepts that FlagShipWines may carry out credit checks and other checks on the identity and authenticity of the Purchaser prior to accepting the Purchaser and entering into this Agreement. The information which the Purchaser provides may be disclosed to a Licenced Credit Reference Agency which will retain a record of the Search. It may be used by other Lenders in assessing Applications from the Purchaser and for occasional debt chasing and fraud prevention.
6.4 FlagShipWines reserves the right to request at any time, additional information to verify the Purchaser's identity and credit worthiness.
7. Privacy Statement
7.1 FlagShipWines is committed to your privacy. Personal information is collected when Purchasers place an Order. The information provided is supplied voluntarily and is only used for the purpose of satisfying Orders.
7.2 By agreeing to these Conditions, the Purchaser also gives consent to FlagShipWines's use of the personal data supplied only where necessary.
7.3 FlagShipWines will not use any data provided by the Purchaser for any purpose or disclose it to any other third person, except to the extent necessary to perform its obligations, or unless compelled to do so by Law, or in the event that it is necessary to bring any proceedings or other actions.
8. The Services 8.1 The Purchaser purchasing the wine pursuant to Part B and Part C of these Conditions, agrees to purchase the wine from FlagShipWines subject to FlagShipWines providing the following services:
(a) Purchasers agree that the wine shall be stored at the premises from the date of purchase;
(b) FlagShipWines shall use its best endeavours to store the wine in a manner which will maintain and promote its quality;
(c) the wine shall be stored by FlagShipWines in a secure temperature control environment for a minimum period of three years;
(d) FlagShipWines shall examine the condition of the wine on an annual basis and a written report will be provided to the Purchaser annually during the period of storage;
(e) when the wine is to be withdrawn from the Premises, either for delivery to the Purchaser or sale to a third party, FlagShipWines shall affix its "Seal of Provenance" in accordance with these Conditions;
(f) FlagShipWines will maintain on the site, a data base of the Purchaser's stockholding of wine so that the Purchaser will be able to confirm its holding of wine from time to time. Upon the Order being confirmed, the Purchaser will be provided with a PIN number in order to obtain access to the data base;
(g) FlagShipWines will engage independent Auditors to carry out a physical stocktake of the wine held by it on behalf of the Purchasers and will confirm the Purchaser's stockholding on an annual basis. During the period that the wine is stored by FlagShipWines, the Purchaser may inspect its wine at the premises by providing to FlagShipWines at least 48 hours' prior written notice of its intention to do so.
9. Wine Defects
9.1 FlagShipWines will use its best endeavours to ensure that the wine is properly packaged, labelled, corked and of merchantable quality but FlagShipWines shall not be liable to the Purchaser in respect of any defect in the wine, its packaging, labelling, corkage or its quality and the Purchaser agrees that it will not make any claim nor demand upon FlagShipWines in respect of the same.
9.2 If the Purchaser desires to persue any recourse against a producer of the wine relating to the wine's quality, FlagShipWines will assist the Purchaser provided that it, in its absolute discretion, forms the view that the wine is not of merchantable quality and provided that the Purchaser pays all of FlagShipWines's costs related to such assistance on an indemnity basis.
9.3 If FlagShipWines recommends that the wine will not improve by continuing to store, the Purchaser may at its option, complete the Purchase of the wine by paying all outstanding amounts due pursuant to these Conditions, less an amount as determined by FlagShipWines as reflecting a shorter period.
10. Product Selection
10.1 Purchasers which elect Premium FlagShipWines purchase the lot (s) of wine specified and agree that the Lot (s) will be stored with FlagShipWines at the premises for a minimum period of three years.
10.2 Purchasers which elect Selective FlagShipWines shall select from cases of wines and agree that the wine will be stored with FlagShipWines at the premises for a minimum period of three years. There is no minimum quantity of cases of wine which the Purchaser is required to purchase pursuant to Selective FlagShipWines.
10.3 Purchasers which elect Deliver and Drink Now FlagShipWines, agree that it will be purchasing wines which will be available for immediate delivery by FlagShipWines and the wine will not be stored.
11. Onshore and Offshore Purchasers
11.1 These Conditions will apply to both onshore and offshore Purchasers.
12. Insurance
12.1 FlagShipWines shall take out an adequate policy of insurance to protect the wine as far as reasonably possible from damage or breakages to the Wine, theft, fire, flood, lightening, storm and tempest, explosion, riots and civil commotion, strikes and malicious damage, earthquake, impact by vehicles, aircraft and articles dropped there-from, internal water and flood.
13. Force Majeur
13.1 FlagShipWines is excused from performance of any obligations imposed upon it pursuant to these conditions if performance is prevented by Force Majeur or the consequences of Force Majeur.
14. Miscellaneous
14.1 The Purchaser shall not Assign nor permit any third party to obtain the benefit of its rights and interest pursuant to these Conditions except with the prior consent of the other party.
14.2 No variation, termination or attempted waiver of any of the provisions of these Conditions shall be binding unless it is in writing and executed by FlagShipWines and the Purchaser.
14.3 These Conditions shall be governed and construed in accordance with the Laws of the State of Victoria, Australia.
14.4 These conditions are and shall be construed as, divisible and severable to the effect that if any provision or any part of any provision shall at any time be found or declared to be voidable, invalid, unenforceable or illegal, then the remaining part of he provision and all other provisions contained in these conditions shall remain valid binding and enforceable.
14.5 FlagShipWines and the Purchaser agree to do all things and execute all documents as may be necessary to give full effect to the provisions of these Conditions.
14.6 Any demand, notice or document under these conditions shall be sufficiently served or delivered if it is served or delivered personally or posted by pre-paid post addressed to the person, firm or company to be served and his/her or its address, as set out in the Purchaser's Order or if it is served in any other manner authorized by the Rules and Regulations applicable for the service of the document.
14.7 These conditions constitute the entire agreement of the parties in respect of the matters dealt with in this Agreement which supersedes and distinguishes all prior Agreements, representations, promises, undertakings, arrangements and negotiations.
15. Disclaimer
15.1 The Purchaser acknowledges that FlagShipWines makes no representation or Warranty as to each individual Purchaser's liability for GST, WET, or any other financial legislative liability. Each Purchaser should obtain its own advice in this regard and agrees that it will not make any claim nor demand upon Cellarbiuld in respect of the same
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