Term of services


Schwarz Wine Company is committed to providing quality services to you.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site must be over 18 years of age and agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Introduction About the supplier: Schwarz Wine Company ABN 3 585 331 717, operates under South Australian producer's liquor license 57605013, owns the website, and is the supplier of wines via the website.

About these terms and conditions: Use of this website is acceptance of these terms and conditions. If you do not agree to these terms and conditions, do not use this website. These terms and conditions govern visitors' access to and use of the website, and the supply of products ordered via the website. Schwarz Wine Company may modify or repeal these terms and conditions without prior notice. In case of a modification or repeal, the pre-existing terms and conditions continue to apply to any products ordered via the website before the change takes effect.

The Website Intellectual property: Material displayed on the website is subject to copyright, is owned by Schwarz Wine Company or its content suppliers, and is protected by law. Brands and logos displayed on the website may be the subject of registered trademarks of Schwarz Wine Company or its product suppliers and protected by law. A visitor to the website may access, display, download, and print portions of the website for their own private non-commercial use and to order products via the website, subject to any additional restrictions displayed on the website. Any other use of material on the website is prohibited.

Copyright All content included on this site, including but not limited to text, graphics, logos, button icons, images, and software, is the property of Schwarz Wine Company or its content suppliers and is protected by the Commonwealth of Australia Copyright Act 1968 and other international copyright laws. This excludes property in which the rights of third parties are expressly identified on this site. Permission is granted to display and, subject to any expressly established restrictions or limitations relating to specific material, download or print portions of the material from the site solely for your own non-commercial use, or to place an order with Schwarz Wine Company. Any improper use, including but not limited to the reproduction, modification, distribution, transmission, re-publication, or display of the content on this site is strictly prohibited.

Third-party links: If the website links to another website, Schwarz Wine Company is not responsible for the content neither of such other website, nor for any use (or misuse) of information a visitor may supply to that other website, nor for any goods or services on offer at that other website. If a visitor has a problem with a third party website so linked, please notify Schwarz Wine Company.

Third-party content: If the website displays material sourced from a third party (including a supplier of product, or a consumer of product), Schwarz Wine Company does not warrant or represent the accuracy, utility, or other characteristics of that material.

Visitors' use of the website: A visitor to the website must not post on the website any material that is abusive, defamatory, obscene, contrary to law, or to the rights of any party. Schwarz Wine Company may block/delete from the website any material posted to the website that Schwarz Wine Company decides contravenes that requirement. A visitor in using the website must not impersonate the identity of another person. A visitor must not attempt to use the website or any of its content to solicit others to participate in any organization or commercial on-line service. Improper use of the website may result in the visitor being banned from the website, being liable to Schwarz Wine Company for breach of contract, and/or infringe applicable law.

Indemnity: A visitor agrees to indemnify, defend, and hold harmless Schwarz Wine Company, its officers, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs resulting from any violation of these terms and conditions or any activity related to the visitor's account (including negligent or wrongful conduct) by the visitor or any other person accessing the website using the visitor's Internet account.

Website functionality: Schwarz Wine Company does not represent or warrant that the functions within the website would be uninterrupted or error-free, that any defects would be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements.

Password security: A visitor to the website allocated a password is responsible to prevent the password being disclosed to any third party.

Privacy: Visitors' privacy is important to Schwarz Wine Company. No complete credit card details are retained on our website. Credit card details are retained by our payment gateway providers SQUARE/STRIPE/RECHARGE. Access to the customer database within Schwarz Wine Company is restricted. Schwarz Wine Company does not sell, rent, trade, or rent personal information. By providing their details to Schwarz Wine Company on the website, a visitor consents to Schwarz Wine Company maintaining, recording, holding, and using that information to process their orders, to improve the service to customers, and to inform the visitor of promotions. If a visitor has any questions regarding privacy, please notify Schwarz Wine Company. For more details on privacy, please refer to our Privacy Policy.

Supply of Products Buyers: To buy wine via the website, the buyer must be at least 18 years of age, be located within Australia, and specify a delivery address within Australia. Under law, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By placing an order, the buyer confirms they are at least 18 years of age. If buying wine as a gift, the recipient must also be at least 18 years of age. Wine will generally be delivered by Courier, and the Courier has the right to request photo identification if there is any doubt about the age of the recipient of the delivery. If that recipient is unable to produce appropriate identification, the Courier will not leave the wine.

Special offers: At any time Schwarz Wine Company may terminate any special offer without advance notice.

Vouchers: Each promotional voucher may only be redeemed once per household. Vouchers may not be used in conjunction with any other vouchers - strict limit of one voucher per order.

Prices: Prices stated are in Australian dollars (AUD$), and may be per bottle or per case, as stated. Prices include GST unless otherwise stated. Delivery charges are extra and not included in stated prices.

Payment: A buyer must pay for their online order by Visa, MasterCard or AMEX . . If the credit card issuer does not authorise the transaction or later revokes authorisation for the transaction, Schwarz Wine Company may cancel the order.

Pricing errors: If a product inadvertently appears on the website at the wrong price, Schwarz Wine Company may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged. If a credit card was charged for the purchase and the order is so cancelled, Schwarz Wine Company will notify the buyer and issue a credit to the credit card account in the amount of the wrong price.

Product availability: All products are offered for sale on the basis of while stocks last. If a product is out of stock, Schwarz Wine Company may substitute wines of at least equal quality.

Delivery:  We ship wine to most places within Australia, generally either by Courier or Australia Post.  Most orders will be delivered to your door; however, some rural or remote areas will have delivery to the nearest post office for collection and signature.  Schwarz Wine Company can not, guarantee any specific delivery date. Wine is normally delivered Monday to Friday 9.00 am to 5.00 pm and to either business premises or a residence. If the premises are unattended, the wine will not be left, but rather the courier will leave a card, and the buyer needs to arrange delivery to an attended address as a signature from a person aged over 18 will be required. Alternatively, if the customer leaves specific "Authority to Leave" instructions at the time of placing their order, the some Couriers are allowed to leave the wine at their specified location. Neither the Courier nor Schwarz Wine Company takes any responsibility for wine left in exposed, visible, or sunny positions, as specified by the Customer's Authority to Leave.

Alcohol and Dry Area restrictions for Queensland & The Northern Territory: Delivery of freight into the areas specified is restricted. Schwarz Wine Company and its couriers will not deliver to the following postcodes: Aurukun 4871, Bamaga 4876, Cherbourg 4605, Doomadgee 4830, Hope Vale 4871, Injinoo Map 4876, Kowanyama 4871, Lockhart River 4871, Mapoon 4871, Mornington Island 4825, Napranum 4874, New Mapoon 4876, Palm Island 4816, Pormpuraaw 4871, Seisia 4876, Umagico 4876, Woorabinda 4713, Wujal Wujal 4873, and Yarrabah 4871.

Risk: Risk of damage, loss, or deterioration to the product passes to the buyer on delivery.

Breakages: If a case of wine is received with one or more broken bottles, Schwarz Wine Company will issue a credit or send replacement bottles if the buyer so notifies Schwarz Wine Company within 15 days of the date of the invoice.

Title: Product remains Schwarz Wine Company's property until paid for in full by the buyer.

Cancellations: Orders are placed at the buyer’s discretion, and cancellations of orders will not be accepted unless under extenuating circumstances. These will be reviewed on a case-by-case basis.

Returns: The return of wine cannot be accepted if you simply do not like it. All purchases from the Schwarz Wine Company website are done so at your own discretion. All wines are under screwcap and therefore not subject to the risk of 'spoiling' as a corked wine might. If, however, the buyer believes that the wine has spoiled, the buyer must contact Schwarz Wine Company within 30 days of the date of the invoice to discuss returning the wine in question. If the incorrect vintage has been supplied, the buyer must notify Schwarz Wine Company upon receipt of the delivery (and within 14 days of the date of the invoice). Where wine is to be returned, pending its return, the buyer is liable to keep the wine in a safe and proper manner and take reasonable care of it. Wine should be returned in the original box where possible and packed to avoid breakage in transit back to Schwarz Wine Company. In this situation, upon receipt of the returned wine, Schwarz Wine Company will replace the wine in question with a wine of equal style and value. Note vintages may vary.

Refunds: If a price refund is applicable, any price refunds will be affected within 30 days after Schwarz Wine Company has been notified of the reason, conditional upon any returned wine being in original sealed and saleable condition.

Product warranties: Schwarz Wine Company warrants that the product supplied is of merchantable quality when delivered. Subject to applicable law, Schwarz Wine Company does not make any other warranty or representation about products on offer. In respect of any statutory warranty that Schwarz Wine Company cannot exclude, subject to applicable law, Schwarz Wine Company's liability is limited, at its option, to the replacement or re-supply of the products or a refund of the cost of the products.

Notices to Schwarz Wine Company: To notify Schwarz Wine Company, call Jason on 0417 881 923 during 9 am and 4 pm AEST Monday to Friday (excluding public holidays) or email info@schwarzwineco.com.au or post a letter to "Schwarz Wine Company, PO Box 779, Tanunda, South Australia 5352"

Notices to visitors: Schwarz Wine Company may notify a visitor to the website by email, a general notice on the website, or by another reliable method to an address previously provided to Schwarz Wine Company by the visitor.

Governing laws: The laws in South Australia govern the use of the website and the supply of products.

Force majeure: Schwarz Wine Company is excused from performing its supply obligations where and so long as prevented from doing so by reason of events beyond its reasonable control. Schwarz Wine Company will endeavor to notify the buyer of the delay and its expected duration. If so prevented for longer than a reasonable time, Schwarz Wine Company may elect to cancel the order without liability to the buyer.

Gift Certificates: If Schwarz Wine Company issues a buyer a voucher to redeem against the future purchase of wine, the terms and conditions on that gift certificate apply and bind the holder of the gift certificate. Gift certificate are non-transferable and may not be redeemed for cash.

Disclaimer: Schwarz Wine Company recommends that alcohol only be consumed in moderation.