Terms and Conditions

Overview

Welcome to Zema Estate. We, Zema Estate Pty Ltd (ACN 062 070 259) (“we”, “us”, or “our”), are a family owned and operated winery located in at www.zema.com.au (“Site”) the heart of Australia's Coonawarra wine region. We use 100% Coonawarra "estate grown" fruit and remain committed to hand pruning and using minimal irrigation to maximise vine health and fruit quality for our products (“Products”).

The website located is owned and operated by us. Please read these terms and conditions (“Terms”) and our Privacy Policy carefully as they govern and apply to all and any use, access and availability of our products (collectively, “Products”). If you do not agree to the Terms, please refrain from using the Site and our Products. 

These Terms may be amended by us at any time, and by continuing to use the Site, you accept the Terms as they apply from time to time.

Access to Site and Products

To access our Site and purchase our Products, you must:

Before you purchase our Products, please sign up for a customer account (“Account”). By signing up for an Account, you accept the Terms as amended from time to time.

To use our Site and place order of our Products, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, phone number, a valid email address, and password (“Customer Information”).

If your Customer Information changes, you must promptly update your Account to reflect those changes.
As a user of this Site, you agree that:

By registering for an Account and purchasing our Products, you agree that we may send you text (SMS) messages as part of the normal business operation. You may opt-out of receiving SMS messages from us by contacting us and you acknowledge that opting out of receiving SMS messages may impact your use of the Site.[ZD1] 

Use of Site

By accessing the site, you shall:

Order and Use of Products

You may place an order of the Products (“Order”) by adding items to ‘My Cart’ [ZD2] on the Site and clicking the ‘Check Out’ button.

When you place your Order with us, we will issue you with an Order confirmation and Order number. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms. 

Your cooperation in complying with these Terms is essential to ensure that all customers can enjoy their experience with our Products. Without limiting any other provision of the Terms, you also agree not to do any of the following:

You acknowledge that we have done our best to display and describe as accurately as possible the colours, shapes and sizes of the Products shown on this Site. Because the Product specifications you see will depend on your monitor and the device on which you view the Products, we cannot guarantee that your monitor’s or devices’ display will be accurate.

Order and Payment

Where the option is given to you, you may make payment for your Order (“Payment”) by way of:

All Payments are made in Australian Dollars (AUD) and may be converted to your local currency at the time of your order.
“GST” means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth). Subject to this clause 5, if GST is payable in respect of any supply made to you by us, an amount equal to the GST payable (at the current prevailing rate) will be included as part of the price at which a Product is sold on this Site. 

You agree and acknowledge that we can vary any fees or costs related our Products at any time, including shipping fees. You will be notified of changes or variations before placing your Order.

You are responsible for ensuring your Payment details are correct. Changes to Payment details can be made by contacting us at our contact details in clause 20. If your Credit Card expires or your Payment method is invalid, access to our Products may be disable or revoked.

If we cannot process or accept your Order after payment is received, we will contact you by email or telephone.
We have the right to deny any user access to the Site or terminate any customer’s Account if we are unable to process the applicable fees.

We reserve the right to accept or reject your Order for any reason at any time. All Orders placed through this Site are subject to confirmation and acceptance by Zema Estate.

Refund and Return

Please carefully consider the Products you are ordering prior to purchasing as we do NOT offer refunds. You can exchange or return the Products within 7 days to receive an online store credit. The return window starts from when the Products are delivered to your nominated address.

All faulty or damaged Products will be replaced free of charge by Zema Estate. For any Products that are either damaged or faulty you must contact us within 7 days of delivery.

Except as required by law, we are under no obligation to refund any Payment made by you, in part or in full, for any reason, including, without limitation, deactivation of your Account or discontinued use of our Site.

To return the Product:

Intellectual Property

The Site and all of our Products are subject to copyright. The material on the Site is protected under the laws of Australia and through international treaties.

In these Terms, “Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade-marks, design rights, trade secrets, circuit layouts, source code, domain names, logos, button icons, scripts, design elements, graphics, know-how and other rights of a similar nature worldwide, whether registered or unregistered, and any applications for registration or rights to make such an application.

We own or are the licensee of all rights, title and interest (including Intellectual Property) in the Site or to the material (including all text information and content, graphics, logos and software) made available to you on the Site (collectively, “Site Content”). Your use and access of the Site do not grant or transfer any rights, title or interest to you in relation to the Site Content.

You may view the Site using a web browser or mobile device, and electronically copy and print in hard copy the Site Content solely for your personal and non-commercial use.

We retain all rights, title and interest in and to our Products and the Site. Nothing you do on or in relation to our Products or the Site will transfer any:

You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer or sell any Site Content or any other material in whatever form contained within the Site unless expressly stated otherwise in these Terms.

The obligations accepted by you under this clause 7 survive termination or expiry of these Terms.

Licenses and User Content

We grant you a limited, worldwide, non-exclusive, royalty-free, and revocable licence (“Licence”) to electronically access and use the Site and order our Products in accordance with these Terms.

When applicable, you are solely responsible for any material, content or data that you:

(collectively, “User Content”).

Your User Content must:

You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, remove, copy, store and exploit your User Content for our business or commercial purposes.

The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to notify us of any inappropriate or illegal content. We reserve the right to remove any User Content for any reason without prior notice.

Third-Party Links

The Site may contain links and other pointers to Internet websites or applications operated by third parties.  We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to make inquiries concerning the information prior to entering into a transaction in relation to the third-party products and services.

Privacy

We will collect, use and disclose any personal information which you provide to us when accessing the Site in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.

Exclusions and Limitation of Liability

8.1 Exclusions

To the maximum extent permitted by law, we exclude all representations and warranties relating to the subject matter of these Terms, our Site and the use of our Products. This exclusion includes, but is not limited to:

We do not warrant or represent:

8.2 Limitation of liability

Everything on the Site is provided to users "as is" and "as available". None of our affiliates, directors, officers, employees, agents, contributors and licensors makes any representation or warranty about our Products referred to on the Site. This includes, without limitation, loss or damage which you may suffer as a result of any of the following:

Pursuant to section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), this clause 8.2 applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited at our option to:

Indemnity

You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site and our Products, any User Content, your breach of the Terms or any rights of third parties, except to the extent that we directly caused or contributed to the loss, damage, liability, claim or expense.

We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

The obligations accepted by you under this clause 12 survive termination or expiry of these Terms.

Termination

We may at any time, terminate the Terms with you if:

We reserve the right to:

If one of the events described in clause 13(a) and (b) occurs, then:

Disputes

A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement unless it has complied with this clause 14. A party claiming that a dispute has arisen must notify the other party to the dispute giving details of the dispute.

During the 15-Business Day period after notice is given (or any longer period agreed in writing by the parties to the dispute) (Initial Period) each party to the dispute (Disputant) must cooperate and take all reasonable steps necessary to resolve the dispute.
If the Disputants are unable to resolve the dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation to a mediator agreed on by the Disputant.

If the Disputants are unable to agree on a mediator within 7 days after the end of the Initial Period, then the parties must submit the dispute for mediation through the Law Society of South Australia and have the president of that Law Society appoint a mediator and set the matter for mediation.

The role of the mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.

The mediation will be held in South Australia.

After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to the dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 Business Days after commencement of dispute resolution.
All communications concerning negotiations made by the Disputants in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

No Waiver

No waiver of rights in these Terms, any of our policies, or agreement between us and a Site user shall constitute a subsequent waiver of this or any other right under these Terms.

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent that it will not affect the enforceability or validity of the remaining provisions.

Entire Agreement

These Terms and any other terms that form part of it shall constitute the entire agreement between you and us in relation to your use of the Site and shall supersede all previous agreements between you and us.

Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of South Australia. You submit to the non-exclusive jurisdiction of the Courts of South Australia and Courts of Appeal from them for determining any dispute concerning these Terms.

Force Majeure

Force Majeure means an event which is beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, fires, acts of God, and governmental action. Neither you or we shall be deemed to be in breach of these Terms for any delays or failures in the performance of either party which results from a Force Majeure.

Feedback and Contact

Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Products ("Feedback"). You may submit Feedback by contacting us at zemaestate@zema.com.au.

© 2018 ZEMA ESTATE PTY LTD ACN 062 070 259. ALL RIGHTS RESERVED.

Terms last updated 20th December 2018.

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