Terms of service

Conditions of use
The following terms and conditions govern the Service that we offer at the Site ("Users Agreement"). It covers "Buy Now" Sales.
Please read these terms and conditions carefully. When you register with the Service, you are deemed to have accepted, and will be bound by the Users Agreement, as amended and varied by us from time to time.
1. GENERAL
1.1 Terms and conditions
a.Capitalised terms used throughout the Users Agreement have the meaning given to them in clause 13.
b.The terms and conditions contained in the Users Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please read our Help pages. If you still have questions, please contact our customer service team at sales@dindima.com.au.
c.We may amend the Users Agreement from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review this Users Agreement from time to time for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this Users Agreement will constitute your acceptance of the new terms & conditions applying to the Service.
d.Please note that additional conditions governing the Service and your relationship with us are contained in other Dindima Wines website pages and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the Users Agreement. In particular, please carefully read all information relating to the Sale Overview, or Item Page which contains important information relevant to each particular sale on the Site.
1.2 Use of the service
a.The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service.
b.If a government department, government agency or law enforcement agency informs us that there is any information on the Site which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
c.Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the Site.
1.3 Obligation to maintain system integrity
a.You may not take any action that might interfere with the operation of the Service.
b.You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site.
c.You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
d.You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
e.You are solely responsible for your transmissions through the Service. You must:
(i) not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
(ii) not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
(iii) not interfere with or disrupt networks connected to the Service;
(iv) not use the Service for illegal purposes;
(v) comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in the Site.
f.We reserve the right to determine whether or not your conduct is consistent with the Users Agreement and what we believe is good practice for the Site. We may in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the Users Agreement or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.
2. REGISTRATION
2.1 Registering for use
a.You must register your details with us to use the Service (your "Account"). Registration is free and does not oblige to you purchase anything.
b.You must not use false or misleading information when registering or using the Service. Your obligations to us won't be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
c.When you register for the Service, you must choose your user name and password. You must have a valid user name (or "login") and password before you can purchase items on the Site. You are responsible for the security of your user name and password. We may assume that anyone using your user name and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your user name and password. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
d.We intend to send notifications to you by e-mail of:
(i) sales confirmation for "Buy Now" Sales;
(ii) the status of your delivery, if applicable;
(iii) a copy of your invoice, if applicable;
(iv) newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form; and
(v) requests to participate in customer feedback
However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
e.We will use your personal data in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.
f.You may request that your Account be closed by emailing us a closure request, to sales@dindima.com.au We will only close your account if you have paid everything you owe us in cleared funds.
2.2 Eligibility to participate
You must be able to form legally binding contracts to use the Service. This means you must not use the Service if you:
a.are under 18 years of age,
b.an undischarged bankrupt, or
c.under any type of insolvency administration, where you are a company.
2.3 Registration process
In order to be eligible to purchase goods using the Service, you must provide details of an acceptable credit card sufficient to make online payments. As part of the registration process, we may charge a nominal amount (AUD$1) to your credit card and then re-credit that amount to the same credit card (which usually takes no more than one week). These transactions may appear in your credit card statement. By registering, you irrevocably authorise us to process these transactions.
2.4 Your information
a."Your information" includes any information you provide us at any time, including when you register to use the Service to buy products.
b.You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
c.You must ensure that Your Information,
(i) is true, accurate and complete;
(ii) is not false or misleading;
(iii) does not infringe any other person's rights (for example intellectual property rights) or privacy;
(iv) is not contrary to any applicable law or industry code of practice;
(v) is not defamatory, threatening or harassing;
(vi) is not obscene or pornographic; or
(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
d.You must not do or allow to be done anything involving the Service which:
(i) may be contrary to any applicable law or industry code of practice, or
(ii) is prohibited by the Users Agreement.
3. YOUR RIGHTS AND OBLIGATIONS
. "Buy Now" Sales
a.You must pay the purchase price (including any GST) in full for a "Buy Now" Sale together with any other applicable fees or charges, for example delivery charges.
b.You authorise us to debit your credit card for the total amount payable to us as a result of a "Buy Now" Sale.
c.When you purchase from the "Buy Now" section of our website, and your total order cost exceeds $5000, we will only charge 2% of the total to your registered credit card on checkout. The balance of your order is then payable via direct deposit. An email will be sent attaching the invoice with the balance owing, including details on how to make this payment.
b.decide (prior to or after the original time set for conclusion of the online auction) to re-open an online
4. Returns of Goods - Consumer Sales
a.In the case of Consumer Sales we warrant that the goods:
(i) are of merchantable quality;
(ii) are fit for the purpose for which goods of that type are ordinarily used; and
(iii) match the description of them on the Site (other than minor differences),
for 30 days after sale.
b.You may not return goods because you change your mind.
c.If you wish to return an item because:
(i) It is faulty
(ii) was damaged in transit where we are responsible for delivery; or
(iii) does not match the description of the item on the site (other than minor differences),
You must notify us by contacting our customer service team within 30 days of the sale and provide full details of the sale and the reason for return. We will email you a returns advice form which must be included with the returned item.
d.If we email you a returns advice form in accordance with clause 4(c) and we do not receive a response from you or receive the returned item from you within 10 working days, you will be deemed to have waived any right that you may have had to return the item and will have no further right to return the item to us, or claim a refund.
e.Within the first 10 working days of us receiving a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good order (and your claim as to the faulty nature of the item is reasonably determined by us to be invalid), the item will be returned to you and you will be charged all freight charges incurred by us in relation to the return and re-return of the goods. We may charge your credit card with any moneys incurred by us as a result of this process.
f.If, when we receive a returned item, we determine that the item is faulty or damaged or incorrectly described, we will, within 21 days, either replace your goods or refund your credit card for the amount paid, or issue you with a cheque for the original amount.
g.If an item is described on our Site as being in a faulty or damaged condition, you acknowledge that condition when choosing to buy that item. We accept no liability for, any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition item.
5. Reference to Retail Prices
a.In certain circumstances, an item for sale on the Site may display the manufacturer's original retail price (ORP). Please be aware that this is not a reference to the current recommended retail price of the goods but rather a reference to the price supplied by the manufacturer, distributor or retailer of the item at the time of the item's original sale. That price may not be current as at the time of the sale. We take no responsibility for the display of ORPs on any item listed on the Site. You must satisfy yourself as to the value of the item being sold.
b.In certain circumstances, an item for sale on the Site may include reference to the manufacturer's Recommended Retail Price (RRP). Usually if a RRP is included with a sale item, the RRP has been supplied by the vendor of the item and we assume the vendor believes the RRP is current at the time the item is placed on the Site for sale. We accept no responsibility for the accuracy or otherwise of any RRP included on any item listed for sale on the Site. We suggest users independently satisfy themselves as to the value of the item being sold.
c.The Comparable Retail Price (CRP) means the price at which in the judgment of our manufacturers or suppliers, is the comparable selling price in retail shops for the same or similar item. In some cases the CRP may be supplied by an importer of products who has not sold in the domestic market, and in these cases the CRP may be calculated using a foreign retail price (adjusted) as a guide. You may choose to us the CRP as a reference guide. We take no responsibility for the display of any CRP listed on the Site, and we suggest users independently satisfy themselves as to the value of the item being sold.
5.1 Manufacturers liability
a.Subject to any rights you may have under any law, if an item is sold as a "Buy Now" Sale, and that item is sold with an accompanying manufacturer's warranty, we will take no responsibility for the content, fulfillment or enforcement of that manufacturer's warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer's warranty.
6. OUR RIGHTS
6.1 Suspension from use of service
a.We may refuse you the right to use the Service if you:
(i) do not pay for the item and/or refuse delivery of the item;
(ii) give information which is untrue, inaccurate or incomplete;
In those circumstances you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.
b.We may suspend, cancel or terminate your access to the Service if you breach or fail to observe the Users Agreement or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.
c.If we suspend your access to the Service, you may not register again.
6.2 False or Misleading Conduct
a.It is illegal to use a false name to buy Products with an invalid or stolen credit card, even if our software initially accepts such a bid. We intend to refer fraudulent users to the police and to your Internet Service Provider.
b.You may be sued for any losses suffered by any person arising out of illegal action.
c.If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to us under the Users Agreement, we may immediately institute proceedings against you for any amount owing to any person.
6.3 Our rights upon breach by you

We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any other information you place on the Dindima Wines site) if you breach the Users Agreement or if we are unable to verify or authenticate any information you provide to us.
6.4 Rights as agent and/or seller
a.We may withdraw and/or re-offer an item from sale a by "Buy Now" Sale if the item:
(i) becomes unavailable due to damage,
(ii) has uncertain ownership,
(iii) is withdrawn by the manufacturer, distributor or vendor,
(iv) has been erroneously listed twice,
(v) was incorrectly described, or
(vi) was incorrectly priced.
b.We may withdraw an item from sale or cancel a "Buy Now" Sale under sub clause 6.4 at any time, even if the sale has been completed and the item delivered to you. In those circumstances, we will refund any amount you have paid for the item.
c.We also reserve the right to change the:
(i) quantities of products posted,
(ii) maximum number of items which you may buy,
at any time. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.
7. LIABILITY AND INDEMNITIES
7.1 Our liability to you
a.We provide the Site and the Service without any express or implied warranty or condition concerning the Site's capacity.
b.Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service or the sale of any good.
c.We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Site may be restricted by factors outside of our control or during maintenance.
You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and "Buy Now" Sale not be processed or accepted.
d.We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
e.We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
7.2 Limitation of our liability to you
a.In relation to the items sold as "Buy Now" Sales we will endeavour to:
(i) provide accurate descriptions to fairly reflect each item;
(ii) pass clear title to the items to you; and
(iii) ensure that each item listed on the Site is available.
b.To the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Site and the sale of any goods are excluded.
c.We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option:
(i) in the case of goods supplied to:
(A) the replacement of the goods,
(B) the supply of equivalent goods, or
(C) making a full refund to you
(ii) in the case of services supplied to:
(A) supply of the services again,
(B) payment of the costs of having the services supplied again, or
(C) making a full refund to you
7.3 Indemnities
a.You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
b.You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Dindima Wines indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Dindima Wines indemnified parties arising out of or in connection with the performance of their obligations as described in the Users Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.
c.You further agree to indemnify and hold us, and the Dindima Wines indemnified parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the Users Agreement by you, or
d.the infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.
8. COLLECTION DELIVERY, INSURANCE AND RISK
8.1 Collection and delivery
a.Please carefully familiarise yourself with the all details concerning collection and/or delivery of items following the conclusion of a "Buy Now" Sale in this clause.
b.We may withhold delivery of any item until you have paid everything owing to us.
c.Any collection times specified by us in the Sale Overview are estimates only and we will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such details.
d.In particular where items are not held by us on our premises, you must strictly observe and comply with collection times and arrangements specified by us in the Sale Overview. Your failure to strictly adhere to those collection times and arrangements, may result in the item being removed from those premises and although we will exercise all reasonable care on your behalf, we do not have custody or control of those items and accordingly we will not be liable for the unavailability of the item or the fact that no refund of the purchase price is made to you.
e.Unless outlined in the Sale Overview, delivery of bulky goods assumes ground floor front door delivery.
f.Whenever you visit any place where goods are stored to inspect or collect them, you must comply with:
(i) any law relating to occupational health and safety;
(ii) any directions or warning we have given about goods or their location in the Sale Overview and
(iii) any directions given by us or anyone authorised by us when inspecting or removing any goods from any location;
g.You acknowledge that you inspect or remove goods at any location at your own risk.
h.If we are unable to deliver an item or you don't collect it within 7 days of a sale we may charge you a storage fee in accordance with our usual rates.