Terms and Conditions of Use
This web site (www.thegourmetbelle.com.au) ('the web site') is operated by The Gourmet Belle Pty Limited ABN 43 357 808 446 ('The Gourmet Belle'). By visiting and using the web site you accept and agree to be bound by the following Terms and Conditions of Use.
The Gourmet Belle may, from time to time, review and amend these Terms and Conditions of Use. Your continued use of the web site following any change will constitute your acceptance of any updated terms and conditions.
Disclaimers
All information provided on the web site is provided in good faith. While every care is taken to ensure the accuracy of the data on the web site, The Gourmet Belle does not make any representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and, to the extent permitted by law, The Gourmet Belle disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages, (including indirect or consequential damages) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason.
When using the site, information will be transmitted over a medium that is beyond the control and jurisdiction of The Gourmet Belle. Accordingly, The Gourmet Belle assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site.
Errors and Omissions
Errors or omissions can occur in the preparation of web pages. Therefore, before relying on the material on the web site, users should independently verify its accuracy, completeness, relevance for their purposes and that it is up-to-date.
Modifications
The Gourmet Belle may make changes to information published on the web site at any time without notice or liability to you.
If following any such change or modification you continue to use the web site or its contents, then you will be deemed to have accepted those changes or modifications. The Gourmet Belle may also terminate the web site, or any part of the web site, at any time without notice or liability to you.
Viruses
Whilst The Gourmet Belle takes every precaution with the files made available on the web site, protection from malicious or destructive content such as viruses, worms or Trojan horses remains your responsibility.
Links to Third Party Web Sites
Some pages within the web site may include hyperlinks to other web sites. These links are provided for the user's convenience and do not constitute endorsement of material at those web sites, or any associated organisation, product or service. Furthermore, The Gourmet Belle accepts no responsibility for the content or use of any such external site accessed through The Gourmet Belle's web site.
User Eligibility
Many jurisdictions have specific laws governing the advertising, sale and service of alcohol, whether directly or indirectly, including prohibitions on the advertising, sale and service of alcohol to minors. By accessing the web site, you represent and warrant that you are at least the minimum age required within your jurisdiction to purchase alcoholic substances and beverages.
The Gourmet Belle is based in Brisbane, Australia. You must ensure that your access to the web site is not illegal or prohibited by laws which apply to you.
Copyright Policy
All content on the web site including, but not limited to, text, graphics, logos, icons, images, code and advertisements, including the selection and arrangement thereof, is the property of The Gourmet Belle Pty Ltd.
The content on the web site is protected by Australian and international copyright laws. Once content is published, you must not use, copy, modify, reproduce, publish or redistribute the content without the prior written approval of The Gourmet Belle. This excludes property in which the rights of third parties are explicitly and immediately acknowledged.
The Gourmet Belle permits you to store, without modification, digital or print copies of any part of this web site solely for your own personal, non-commercial use.
Trade Marks
All registered and unregistered trade marks which appear on this web site are the property of their respective owners. Nothing contained on the web site should be construed as granting any license or right of use of any trade mark displayed on the web site without the express written permission of the respective owner.
Web site blog Terms of Use
All visitors to the web site are able to submit comments for publication on The Gourmet Belle's blog (The Gourmand Belle) ('the blog'). This commenting functionality is provided to enable community discussion on gourmet topics, and should not be taken as an indication that The Gourmet Belle endorses or is responsible for the information or views published in these user comments.
Your contributions to the blog
You represent, warrant and agree that material you submit to the blog does not violate the copyright, trade mark, trade secret, privacy, publicity or any other personal or proprietary rights of any third party; or contain confidential, libelous, defamatory or otherwise unlawful material.
You agree not to submit any material that is obscene, profane, threatening, harassing, abusive, hateful or embarrassing to another person or entity.
You agree not to post material that contains viruses, Trojan horses, worms or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.
You are responsible for the content of your comments. The Gourmet Belle does not accept any liability for the content or accuracy of your comments or any liability in respect of any material submitted by users and published on the blog.
You acknowledge and agree that your comments and the username that you include with your comment will be made publicly available. Please note that only your provided screen name (not necessarily your real name) will be displayed in comments.
All posted comments become the property of The Gourmet Belle. By agreeing to submitting your comment for publication on the blog, you acknowledge and agree that your comment may be reused by The Gourmet Belle or quoted in other media and might be attributed to you by your provided screen name.
Blog Moderation
The blog is moderated by a representative of The Gourmet Belle who reserves the right to exercise editorial control over posted content. By submitting a comment to the blog, you understand and agree that The Gourmet Belle may post your comment in its entirety, in an edited version, or not at all. Editing may be done for purposes of clarity, length or deletion of offensive, inappropriate, or potentially defamatory material.
The Gourmet Belle's Terms and Conditions of Use and Privacy Policy apply to the blog's posts and the user comments.
Indemnity
You agree to defend, indemnify, and hold The Gourmet Belle, its officers, directors, employees and affiliates harmless from and against any claims, actions or liabilities including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from your violation of these Terms and Conditions of Use, from your reliance on any material posted on the web site or as a result of any material you post on the web site.
These web site Terms and Conditions are governed by and construed in accordance with the law of the State of Queensland and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.
Should you have any questions about these Terms and Conditions of Use, please contact The Gourmet Belle at info@thegourmetbelle.com.au or on +61 7 3399 1855.
Buyer Terms and Conditions
Please read these buyer terms and conditions prior to completing a purchase on The Gourmet Belle website www.thegourmetbelle.com.au. These Buyer Terms govern your purchase of the goods and/or services offered by The Gourmet Belle.
By making a purchase via The Gourmet Belle website you agree to be bound by these terms and conditions as amended from time to time. If you do not agree to these Buyer Terms, you may not make a purchase via The Gourmet Belle website.
Please note that additional terms and conditions governing your relationship with The Gourmet Belle are contained in other pages of this website and unless those conditions are inconsistent with these Buyer Terms, they will be incorporated into and will form part of your agreement with The Gourmet Belle.
Currency and Pricing
Unless otherwise shown, all the prices listed on The Gourmet Belle website are displayed in Australian Dollars (AUD).
You must pay the purchase price (including any GST) in full for any wine purchased together with any other applicable fees or charges (for example, goods and services tax, insurance and delivery charges).
You authorise The Gourmet Belle to debit your credit card for the total amount payable to The Gourmet Belle as a result of any purchases by you.
Security Policy
In order to purchase goods you must provide valid credit card details.
The Gourmet Belle uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.
All online credit card transactions performed on The Gourmet Belle website using the eWAY gateway are secured payments. Your complete credit card number cannot be viewed by any outside party and all transactions are performed under 128 Bit SSL Certificate.
eWAY is an authorised third party processor for all the major Australian banks. eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by The Gourmet Belle.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au.
Delivery Policy
After ordering online, you will receive an email confirmation containing your order details (provided you have provided a valid email address). The Gourmet Belle will then attempt to deliver your purchase/s from our warehouse in Brisbane via our preferred courier or Australia Post.
Depending on your location within Australia, the delivery time will vary between 2 and 10 business days. In outlying, flood-affected areas or during heat waves, the delivery may take a little longer.
Wine is normally delivered from Monday to Friday between 9.00am and 5.00pm. Most orders will be delivered to your door, however, in rural or remote areas our courier will contact you to make alternative arrangements.
Some larger metro areas may have extended delivery windows of Monday to Friday 8:00am - 8:00pm and Saturday 8:00am - 5:00pm. In some cases, where the wine is being sent via Australia Post and you are not at home, your order will be left at your nearest Australia Post Office for collection and you will be notified of this. The person collecting the wines from the Post Office must be 18 years old or over and able to present identification corresponding to the name of the consignee. If the order is not collected within 10 working days, it will be returned to The Gourmet Belle and NO refund will be available.
The Gourmet Belle will not deliver wines to anyone less than 18 years of age. If there is any doubt about the age of the recipient on delivery, the delivery driver is obliged to request some form of photographic ID. If that recipient is unable to produce appropriate ID then the delivery driver will be unable to leave the wine.
The Gourmet Belle cannot be held responsible for deliveries to incorrect or incomplete addresses provided by customers. If the address is incorrect and the delivery is made, the customer assumes responsibility for the entire purchase. If the address is incorrect and/or the delivery is refused or unable to be completed, then the order will be returned to our warehouse and additional handling costs plus freight charges will be applied to a request for re-delivery.
If the address is incorrect and the delivery is refused or unable to be completed and the customer chooses no re-delivery then a handling charge and all applicable freight charges will be deducted from any refund made. To avoid these costs, we recommend that you double check your address details to ensure that all information provided is correct and in full.
The Gourmet Belle will not deliver wine under any circumstances to any of the following Dry Area Locations: Aurukun Postcode – 4871 Bamaga Postcode – 4876 Cherbourg Postcode – 4605 Doomadgee Postcode – 4830 Hope Vale Postcode – 4895 Injinoo Postcode – 4876 Kowanyama Postcode – 4871 Lockhart Postcode – 4871 Mapoon Postcode – 4874 Mornington Island Postcode – 4871 Napranum Postcode – 4874 New Mapoon Postcode – 4876 Palm Island Postcode – 4816 Pormpuraaw Postcode – 4871 Seisia Postcode – 4876 Umagico Postcode – 4876 Woorabinda Postcode – 4713 Wujal Wujal Postcode – 4895 Yarrabah Postcode – 4871.
*Special $5 Per Dozen Delivery Rate
The $5 delivery rate is a special Christmas delivery rate for orders totalling 12 bottles or less. Total orders containing more than 12 bottles, will incur further delivery charges. This special $5 per dozen rate is not available to addresses within the following postcode ranges:
- 0800 - 0999
- 4221 - 4499
- 4550 - 4899
- 5000 - 5999
- 6000 - 6999
- 7000 - 7999
Authority to Leave
By providing instructions (as an option in the online checkout) that authorise the courier to leave your purchased goods unattended at the delivery address, you accept that once the courier has done so, the complete order has been received.
The Gourmet Belle, and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority to Leave delivery method. You agree to release The Gourmet Belle from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.
Export Restrictions
The Gourmet Belle is an Australian-based company and is only able to deliver wine to addresses located within Australia. Should you wish to have a purchase delivered to a location outside of Australia you will need to make arrangements with your own shipping agent.
The Gourmet Belle will not be responsible in any way for delivery outside Australia arranged by you.
Refund Policy and Quality Guarantee
To ensure that you have a great online wine buying experience, every wine sold through The Gourmet Belle website is handpicked, tasted and reviewed by The Gourmet Belle resident experts.
In the rare instance that you are not satisfied with a wine purchased from The Gourmet Belle, a full refund for purchase of the relevant wine will be made to you (excluding freight costs). You must provide notice that you are not satisfied with the wine within 30 days of purchasing the wine to be eligible for a refund (excluding freight costs).
All refunds are processed within 7 days of your notification or from the date that the remaining wines are returned to The Gourmet Belle. If The Gourmet Belle reasonably believes that a buyer is abusing our Quality Guarantee, The Gourmet Belle reserves the right to suspend or cancel the Refund Policy / Quality Guarantee in relation to that buyer, cancel any pending orders and/or close that buyer's account.
Risk of damage, loss or deterioration to product passes to the buyer upon delivery and therefore no refunds are offered for products that are damaged after delivery. If you require further information or would like to submit a claim, simply contact The Gourmet Belle via e-mail: orders@thegourmetbelle.com.au or phone: 07 3399 1855.
Breakages
If you receive a delivery of wine with one or more broken bottles, simply let us know within 2 working days of the date of delivery and The Gourmet Belle will provide you with a refund in the amount equal to the price paid by you for the broken bottle/s.
No Other Refunds
Other than in the circumstances outlined above in Refund Policy and Quality Guarantee and Breakages, no returns will be accepted and no refunds will be made in respect of purchases you make via The Gourmet Belle website.
Manufacturer's liability
Subject to any rights you may have under any law, if an item purchased by you with an accompanying manufacturer's warranty, The Gourmet Belle will take no responsibility for the content, fulfilment 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.
Changes to Items Listed
The Gourmet Belle may withdraw and/or re-offer any item listed for sale on the website if the item
becomes unavailable;
is withdrawn by the manufacturer or supplier; or
was incorrectly described or listed.
Liability
The Gourmet Belle is not responsible for any online purchase not received, processed or accepted due to technical difficulties. To the extent permitted by law, The Gourmet Belle website is provided without any express or implied warranty or condition regarding the performance of the The Gourmet Belle website. To the extent permitted by law, all express or implied conditions or warranties in connection with the any goods offered for sale on The Gourmet Belle website are excluded.
To the full extent permitted by law, neither The Gourmet Belle, its suppliers nor you will be responsible for any losses that were not foreseeable to both parties at the time of entry into these terms and conditions or for any loss of profits, loss of revenue or loss of savings, however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).
The Gourmet Belle does not guarantee continuous, uninterrupted or secure access to the website.
Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon The Gourmet Belle which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for purpose for which they were supplied to you.
These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in this Agreement and to the extent to which The Gourmet Belle is entitled to do so, The Gourmet Belle limits its liability in respect of any claim under those provisions to: in the case of goods, at The Gourmet Belle's option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and in the case of services, at The Gourmet Belle's option: the supplying of the services again; or the payment of the cost of having the services supplied again.
Other than as set out above, The Gourmet Belle will not be responsible for any claims arising out of or in connection with your access to and use of the The Gourmet Belle website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.
For the purposes of this section, the term The Gourmet Belle will mean The Gourmet Belle and its officers, employees, contractors and agents, whether individually or collectively.
Handling of Wine
Please note that a full case of wine weighs more than 16kg. Therefore, we recommend that our customers take extra care when lifting deliveries. If you are concerned at all about the weight, we suggest that you transfer the bottles one or two at a time.
