Terms & Conditions

General

Accessing and using www.vinsboutique.com (our "Website") and the products and services available through www.vinsboutique.com (collectively, our "Services") are subject to the following terms, conditions and notices (collectively, our "Terms and Conditions"). By using our Services, you are agreeing to all of our Terms and Conditions, which are subject to updates by Vins Boutique Pty Ltd ("Us" or "We"). You should check this page regularly to take notice of any changes We may have made to our Terms and Conditions.

Access to our Services is permitted on a temporary basis, and We reserve the right to withdraw or amend the our Services without prior notice. We will not be liable if our Services is unavailable at any time or for any period for any reason. We may restrict access to some or all sections of our Services from time to time.

Our Website contains links to other websites (the "Linked Websites"), which are not operated by Us. We have no control over these Linked Websites and accept no responsibility for the Linked Websites or for any loss or damage that may arise from your use of the Linked Websites. Your use of the Linked Websites will be subject to the terms and conditions contained within each of the Linked Websites.

Prohibitions

You must not misuse our Website. You will not: commit or encourage any type of criminal offence; distribute or transmit a virus, worm, trojan, logic bomb or any other malicious, technologically destructive, offensive, obscene, confidentiality breaching, unsolicited advertising or promotional ("spam") material; infringe any other person's proprietary rights; hack into any section of our Services; corrupt any data; harrass other users; or attempt to affect in any way the performance or functionality of any computer facilities of or accessed through our Website. Breaching this provision would constitute a criminal offence under the Cybercrime Act 2001 and we will report any such offence and disclose the offender's identity to the relevant law enforcement authorities.

We will not be liable for any damage or loss caused by a distributed denial-of-service attack, viruses, worms or other technologically destructive materials that may infect your computer equipment, programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on our Website, or on any of the Linked Websites.

Intellectual Properties (Software and Content)

The intellectual property rights in all softwares and contents made available to you on or through our Website remain the property of Vins Boutique Pty Ltd and are protected by international copyright laws and treaties. Vins Boutique Pty Ltd reserves all such rights. You may store, print and display the content supplied solely for your own personal private use. You are not to publish, modify, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our Website. You may not use any such content in association with any business or commercial enterprise.

You do not have permission to modify, translate, de-compile, reverse engineer, disassemble or create derivative works based on any software or content supplied by or which appears on our Website. www.vinsboutique.comTM and the Vins Boutique logo with barcodes are trademarks belonging to Vins Boutique Pty Ltd. We do not grant permission, consent or licence to you to use these marks in any way. You agree not to use these marks or any marks, which are colourably similar without the written permission of Vins Boutique Pty Ltd.

Sale Terms

All orders are subject to availability and confirmation of the order price. By placing an order you are offering to purchase a product on and subject to our Terms and Conditions.

Delivery times may vary according to availability and subject to any delays resulting from postal delays for which we will not be responsible.

In order to contract with Vins Boutique Pty Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Us. When placing an order, you declare that all details you provide to Us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the purchase. Vins Boutique retains the right to reject any request made by you. The cost of foreign products and services may fluctuate and all prices advertised are subject to such changes.

(a) Our Contract

**Change this according to PerthWeb system

(b) Pricing and Availability

While We try to ensure that all details, descriptions and prices that appear on our Website are accurate, errors may occur. We reserve the rights to correct all such errors without prior notice. We are not liable in anyway to anyone for making such changes. We will inform you of any pricing or descriptive errors as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it, in which case you will be given a full refund. The order will be cancelled if We are unable to contact you. If a paid order is cancelled by Us, a full refund will be given back to the payer.

Postage costs will be charged in addition to the displayed prices and such additional charges are clearly displayed where applicable.

(c) Product Descriptions

Due to limitations in photography and the inevitable differences in monitor settings, the colours shown in the photographs may not correspond 100% to those of the items themselves.

(d) Discount Codes

Periodically, discount codes may be offered to user account holders. Such codes may only be applied to purchases made through a user account in our Website to which the discount code was offered and registered. The conditions of use of any discount code will be specified at the time of issue.

Disclaimers

The material displayed on our Website is provided without any guarantees, warranties, or conditions to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Vins Boutique Pty Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our Website or the Linked Websites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Vins Boutique Pty Ltd's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability that cannot be excluded or limited under applicable law.

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on our Website are in no way associated, linked or affiliated with Vins Boutique Pty Ltd and you should not rely on the existence of such a connection or affiliation. The respective trademark owners own any trade marks/names featured on our Website. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Vins Boutique Pty Ltd.

Linking

You may only link to our home page on condition that you do so in a way that is not misleading, is fair and is legal and does not damage our reputation or take advantage of it. You are not permitted to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You are not permitted to establish a link from any website that is not owned by you. Our Website must not be framed on any other website. You are not permitted to create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without any notice.

Indemnity

You agree to indemnify, defend and hold harmless Vins Boutique Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any or all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use our Website or your breach of the Terms and Conditions.

Variation

Vins Boutique Pty Ltd reserve the right in its absolute discretion to amend, remove or vary our Services and/or any page of our Website at any time and without notice.

Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of our Terms and Conditions will not be affected. All other clauses remaining in full force and full effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. You agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver

If you breach our Terms and Conditions and We take no action, We will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

Our Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Vins Boutique Pty Ltd. Any waiver of any provision of our Terms and Conditions will be effective only if in writing and signed by a Director of Vins Boutique Pty Ltd.