Terms and Conditions

1. Parties and application

These Website Terms and Conditions (Terms) govern access to and use of this site (Website). The Website is operated by G.B Salter & J.V Salter, trading as Burk Salter Wines (we, us or our).

By accessing or using the Website, creating an account, placing an order or clicking an acceptance control, you agree to these Terms. If you do not agree, you must not use the Website or complete the relevant transaction.

Additional terms may apply to particular goods, quotations or promotions. If additional terms conflict with these Terms, the additional terms apply to the extent of the inconsistency for the relevant transaction, subject to applicable law.

2. Eligibility and authority

You must have legal capacity to enter into a binding contract. If you use the Website on behalf of an organisation, you warrant that you have authority to bind that organisation. You must be 18 or over to buy liquor from us (see clause 21).

3. Changes to these Terms

We may amend these Terms prospectively by publishing an updated version with a new published date. Changes do not retrospectively alter a completed transaction unless required by law or agreed by the parties. If a material change is detrimental, any cancellation right stated in these Terms or applicable law will apply.

4. Website information and reliance

We take reasonable care when preparing Website content, but content may contain errors, omissions or outdated information. General Website content is not tailored advice. You should make your own enquiries and obtain professional advice where appropriate. Nothing in this clause excludes liability for misleading or deceptive conduct or any other liability that cannot lawfully be excluded.

5. Intellectual property

Unless stated otherwise, the Website and its content, including text, graphics, logos, branding, images, video, documents, software, code and design, are owned by or licensed to us and are protected by intellectual property law.

We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website for personal use or legitimate internal business purposes. You must not reproduce, adapt, distribute, republish, commercialise, reverse engineer or remove rights notices from Website content without prior written permission, except as permitted by law.

6. Acceptable use and security

You must not:

• use the Website unlawfully, fraudulently or to infringe another person’s rights
• attempt unauthorised access or circumvent security controls
• introduce malware, malicious code or harmful content
• scrape, crawl or use automated extraction tools without permission, except for ordinary search-engine indexing
• interfere with Website availability, integrity or operation
• submit false, misleading, defamatory, offensive or unlawful material
• misuse accounts, credentials, payment methods or another person’s information

We may take reasonable protective action, including restricting access, removing content, suspending accounts and reporting suspected unlawful activity. Any action will be subject to applicable law.

7. Third-party websites and services

The Website may link to or integrate third-party websites, payment providers (including Stripe and PayPal), delivery services, maps, social platforms and other services. Third parties operate under their own terms and policies. A link or integration does not of itself constitute endorsement. We are not responsible for a third party’s acts or omissions except to the extent we cannot lawfully exclude responsibility.

8. Website availability

We may maintain, modify, suspend or discontinue Website functionality. We do not promise uninterrupted or error-free access.

9. Privacy

Our Privacy Policy explains how we handle personal information. It forms a separate policy and does not reduce any obligation imposed by privacy law.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy, condition or warranty conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other law that cannot lawfully be excluded, restricted or modified.

Consumer guarantees apply automatically where the ACL applies. For goods, these guarantees may include acceptable quality, fitness for a disclosed purpose, correspondence with description or sample, and title.

Consumer guarantees are not limited to any manufacturer’s warranty, voluntary warranty or stated warranty period. Any warranty we provide is additional to, and does not replace, rights and remedies under the ACL.

11. ACL remedies for goods

If goods fail to meet a consumer guarantee, the available remedy depends on whether the failure is major or can be remedied and is not major.

11.1 Major failure with goods

Where there is a major failure, the consumer may reject the goods and choose a refund or replacement of the same type and similar value, or keep the goods and recover compensation for the reduction in value, subject to the ACL. A major failure may arise where a reasonable consumer would not have acquired the goods had the nature and extent of the failure been known, the goods materially depart from description or sample, are substantially unfit for a common or disclosed purpose and cannot easily be made fit within a reasonable time, or are unsafe.

11.2 Non-major, remediable failure with goods

Where a failure is not major and can be remedied, we may choose to repair the goods, replace them, provide a refund or otherwise remedy the failure within a reasonable time. If we do not remedy the failure within a reasonable time, the consumer may obtain a remedy available under the ACL, which may include having the failure remedied elsewhere and recovering reasonable costs, or rejecting the goods where permitted.

11.3 Assessment and proof of purchase

We may inspect or assess goods before providing a remedy. We may request reasonable proof of purchase, which may include a receipt, order confirmation, financial statement or other evidence showing the transaction. The absence of an original receipt does not automatically prevent a valid claim where other acceptable proof is available.

11.4 Returning goods

The consumer is generally responsible for returning goods that can be returned without significant cost. Where goods are large, heavy or difficult to remove and the failure is covered by the ACL, we will arrange collection or otherwise meet obligations imposed by the ACL. If inspection shows that the goods do not breach a consumer guarantee, we may recover reasonable inspection, transport or service costs only where legally permitted and disclosed before those costs are incurred.

11.5 Supplier responsibility

A consumer may approach us as the supplier for remedies we are required to provide. We will not require a consumer to pursue a manufacturer or importer instead of us where the ACL places responsibility on us.

12. Refunds and returns

12.1 ACL refunds

Refunds required by the ACL will be provided as required by law. We will not substitute store credit for a monetary refund unless the consumer agrees or store credit is otherwise permitted by law. Refunds will ordinarily be made using the original payment method, unless that method is unavailable or another method is agreed.

12.2 Change-of-mind returns

The ACL does not provide an automatic remedy merely because a customer changes their mind. For voluntary change-of-mind returns, requests must be made within 30 days of delivery. Wine must be unopened, in original condition and, where reasonably required, in original packaging. Voluntary change-of-mind returns are subject to inspection and approval. This does not affect any right or remedy available under the Australian Consumer Law.

12.3 Excluded change-of-mind items

Subject to non-excludable rights, change-of-mind returns may be refused for goods that are used, opened, damaged after delivery, customised, personalised, perishable, or clearance stock identified as such. These exclusions do not apply where an ACL remedy is available.

12.4 Return process

To request a return or remedy, contact us through our Contact page and provide your name, order details, proof of purchase, a description of the issue and supporting photographs where reasonable. Do not return goods until return instructions have been provided, unless the law permits otherwise. This process does not prevent a consumer from exercising rights under the ACL.

12.5 Return shipping

For voluntary change-of-mind returns, the customer is responsible for return shipping unless we agree otherwise. Shipping costs for voluntary returns are not refundable unless we agree otherwise or the law requires a different outcome. Where a return is required because of a failure covered by the ACL, return shipping, collection or reimbursement will be handled as required by law. Customers should consider using a trackable shipping service or suitable transit cover when arranging a voluntary return.

12.6 Refund processing

Once entitlement is confirmed, we will process the refund within a reasonable time. Financial institutions or payment providers may require additional processing time outside our control. Any timeframe stated here does not permit us to delay an ACL remedy unreasonably.

13. Cancellations

A customer may request cancellation of an order in writing before the order has been packed or tracked shipping has commenced. A cancellation request is effective when received by us in writing through our Contact page. If tracked shipping has commenced, or third-party costs have been incurred, cancellation may be refused or any refund may be reduced to reflect reasonable costs, work performed, committed costs and applicable law. This clause does not limit any right or remedy available under the ACL.

13.1 Cancellation fees

Any cancellation fee or administration charge must be clearly disclosed before the transaction and must be reasonably related to costs, losses, work performed and the timing of cancellation. It is not intended to operate as a penalty. If the amount retained would exceed our reasonable loss or is otherwise unlawful or unfair, it will be reduced to the lawful amount.

13.2 Cancellation by us

We may cancel or suspend a transaction where supply is unavailable, payment is not received, information is materially incorrect, fraud or unlawful conduct is reasonably suspected, we are not satisfied the purchaser or recipient is 18 or over, safety is at risk, or an event outside reasonable control prevents supply. We will give reasonable notice where practicable and provide any refund, alternative supply or other remedy required by law. We will not rely on this clause to avoid responsibility for matters within our reasonable control where doing so would be unlawful or unfair.

13.3 Cooling-off rights

A cooling-off right applies only where provided by law or expressly offered in the applicable transaction terms. Nothing in this clause limits cooling-off rights applying to unsolicited consumer agreements or another regulated transaction.

14. Warranties

Consumer guarantees are automatic statutory rights. A manufacturer’s warranty, extended warranty or warranty against defects is an additional promise and does not replace or limit consumer guarantees. Consumer guarantees may continue after a stated warranty period has expired, depending on the circumstances, including the nature, price and expected durability of the goods. We do not offer a separate written warranty against defects.

15. Limitation of liability

To the maximum extent permitted by law, we exclude liability arising solely from general Website use for indirect or consequential loss that was not reasonably foreseeable, and for loss caused by matters outside our reasonable control. This exclusion does not apply to liability that cannot lawfully be excluded or limited, including liability arising under non-excludable consumer guarantees.

16. Indemnity

To the extent permitted by law, you indemnify us against loss reasonably incurred because of your unlawful use of the Website, material breach of these Terms or infringement of third-party rights. The indemnity is reduced to the extent that our act or omission, or that of another person, caused or contributed to the loss. It does not apply to the extent it would be unfair, unlawful or exclude a non-excludable right.

17. Suspension and termination

We may suspend or terminate access where reasonably necessary because of a material breach, unlawful conduct, non-payment, fraud, security risk or misuse. Clauses intended to survive termination, including intellectual property, accrued payment obligations, liability provisions and dispute terms, continue to apply.

18. Disputes and complaints

Contact us first through our Contact page and provide enough information for us to review the issue. We will act reasonably and attempt to resolve the matter. Nothing in this clause prevents either party from exercising a statutory right, contacting a regulator or consumer protection agency, or seeking urgent or other lawful relief.

19. General provisions

If any provision is invalid, illegal or unenforceable, it will be read down to the minimum extent necessary or severed, without affecting the remaining provisions. A failure to enforce a right is not a waiver. We may assign these Terms as part of a genuine business sale or restructure where lawful and where the assignment does not materially reduce a consumer’s rights. You may not assign your rights or obligations without consent where the nature of the arrangement reasonably requires our consent.

20. Governing law

These Terms are governed by the laws of South Australia and Australia. The courts of South Australia and courts entitled to hear appeals from them have non-exclusive jurisdiction. This clause does not prevent a consumer from relying on a right to bring proceedings in another jurisdiction where applicable law permits.

21. Online orders, liquor sales and delivery

21.1 Liquor sales and age

We sell liquor under South Australian liquor licence 57603998. You must be 18 or over to order liquor from us. By placing an order you declare that you, and any person receiving the delivery, are 18 or over. Liquor will only be delivered to a person aged 18 or over. A signature from a person aged 18 or over, and proof of age, are required on delivery. We may refuse to supply or deliver liquor where required or permitted by law.

21.2 Minimum order

The minimum online order is 12 bottles (one carton), which can be a mixed selection.

21.3 Orders and acceptance

An order is an offer to purchase. A contract is formed when we issue acceptance or dispatch confirmation, unless the checkout states otherwise. An automated acknowledgement does not necessarily constitute acceptance. We may reject or cancel an order before acceptance for genuine reasons, including unavailability, obvious pricing error, payment failure, suspected fraud or legal restriction. If payment has been taken for an order we cancel, we will provide the refund required by law.

21.4 Prices, payment and GST

Prices are in Australian dollars and include GST. We accept payment by credit or debit card (processed by Stripe) and PayPal. Delivery charges, compulsory fees and payment surcharges will be disclosed before final purchase. We will not impose a payment surcharge exceeding the applicable cost of acceptance.

21.5 Delivery

We deliver within Australia only, using Australia Post. Delivery charges are shown at checkout before you pay. Delivery estimates are estimates unless expressly guaranteed. Title passes to you when we receive payment in full. Risk passes to you when the goods are delivered to the delivery address. Delay does not remove any right arising under the ACL or an agreed delivery commitment.

21.6 Damage in transit

We take care when packing your order, but goods can sometimes be damaged in transit. If your order arrives damaged, contact us through our Contact page within 7 days of delivery, with your order number and photos, and we will arrange a replacement or refund for the damaged goods. This does not limit any right or remedy available under the ACL.

21.7 Incorrect price or description

We may correct genuine errors before accepting an order. If an error is identified after acceptance, we will contact the customer and provide options consistent with applicable law. We will not rely on this clause to engage in misleading conduct or avoid an agreed transaction unlawfully.

22. Contact details

G.B Salter & J.V Salter
Trading as: Burk Salter Wines
ABN: 36 911 923 351
Liquor licence: 57603998
Cellar door: 72 Paisley Road, Blanchetown SA 5357
Postal address: PO Box 11, Blanchetown SA 5357
Phone: (08) 8540 5023
Enquiries, returns and complaints: Contact page
Website: burksalterwines.com.au