Website Terms Of Use

INTRODUCTION

1. Welcome to The Rare Cork website located at https://therarecork.com.au/ (“Website”) which is owned and operated by [The Rare Cork PTY LTD] (ABN 54 653 081 522) (“Company”, “Us”, “We”, “Our”).
2. The Website makes available for sale certain products related to stemware and wine accessories (“Products”) and provides a platform for you to enquire about our wine rack and cabinet units (“Wine Racks”).
3. Please read these Terms of Use carefully. By accessing and using the Website, you become a user of the Website (“User”, “you”, “your”) and you agree to be bound by these Terms of Use and our Privacy Policy located at https://therarecork.com.au/privacy-policy/. These Terms of Use constitute a legally binding agreement between you and the Company (“Agreement”).
4. The Company reserves the right to alter, modify, add to or change in any way, any provision of these Terms of Use and may, in its absolute discretion, limit or expand the services and Products available via the Website, without giving prior notice to its Users. It is your responsibility to check the Terms of Use each time you use the Website.

PRODUCTS & WINE RACKS

1. When you view a listing for a Product via the Website, the listing shall include the price of that Product (“Product Price”), a description of that Product and any other relevant information with respect to that Product.
2. The use of any Products must be in accordance with any tags and instructions provided with the Product and found here https://therarecork.com.au/returns-and-refunds-policy/ (“Product Care Information”).
3. Our Wine Racks must be installed in accordance with the instructions provided with the Wine Rack and found here [blank] (“Wine Rack Installation Guide”). The Company takes no responsibility for any damage caused as a result of your failure to follow the Wine Rack Installation Guide or in properly securing the Wine Rack to the wall. You agree to consult a professional if you have any doubt on how to safely install our Wine Racks.
4. The Company will use its best efforts to maintain stock for its Products, however the Company makes no guarantee that any Products offered for sale via the Website shall be available.
5. The Company reserves the right at any time to modify or discontinue its Products and/or to change the information contained on the Website at any time without providing notice to you.
6. You agree that any visual representation of a Product or our Wine Racks contained on the Website is provided for illustrative purposes only and may not be an exact representation of that Product. You agree that we are not responsible for your screen’s monitor display and cannot guarantee any accuracy as a result (e.g., colour of our Products).

ACCOUNT

1. You may create an account on the Website by completing the account sign up process either during Check Out or at any time while using the Website (“Account”). You are solely responsible for maintaining the confidentiality of your Account and your Account password.

ORDERS

1. Once you select a Product you wish to order, you may either proceed to checkout as a guest or by logging into your Account (“Order”).
2. In order to place the Order, you must complete the “Check Out” process whereby you must:
   • pay the Company the fees applicable to that Order, including but not limited to the Product Price and any shipping, transaction and/or other applicable charges which may apply to that Order (“Fees”);
   • where applicable, enter and confirm your contact and billing and shipping details; and
   • select your preferred delivery option.
3. Once you complete the Check Out process, you will receive a confirmation by email of your Order (“Order Confirmation”). This Order Confirmation is an acknowledgement of your Order and will not constitute the Company’s acceptance of your Order.
4. Should the Company, in its sole discretion, accept your Order, the Company shall send you an email confirming that your Order has been dispatched, subject to Clause 6.1 (“Order Acceptance”).
5. In order to enquiry or place an order for one of our Wine Racks, please contact us via the Website or our contract details.

PAYMENT

1. All Fees payable to the Company must be made via The Company is not responsible for any payment of Fees processed (or not processed) and may offer other methods for payment from time to time.
2. All Fees paid via Stripe are subject to Stripe’s Terms and Conditions which can be read here: https://stripe.com/au/ssa.
3. In the event that the Company does not receive payment of the Fees in full, the Company has the right, in its sole discretion, to cancel the Order.

DELIVERY

1. If the Company accepts an Order made by you and all Fees have been received in full by the Company, the Order shall be dispatched for delivery in accordance with the shipping details provided by you at Check Out (“Delivery”).
2. The Company will use its reasonable efforts to meet the expected Delivery date, however, to the fullest extent permitted by law, the Company will not be liable for any loss or damage arising from any delayed Delivery and does not guarantee Delivery timeframes.
3. The Company and/or any of its agents, carriers or employees shall not be liable for any damage or loss suffered by you or your agent, including any physical injury arising out of the manoeuvring, lifting, layout, assembly, installation, or operation of the Products.
4. Upon Delivery to the nominated address, all risk in the Delivered Product(s) passes to you. For the avoidance of doubt, the Company shall not be liable to you for any loss, damage or destruction of any Product once that Product and has been Delivered.

CANCELLATIONS

1. Until such time that you receive an Order Acceptance:
2. you may make a request to the Company to cancel an Order, and the Company may, in its sole discretion, accept such request; or
3. the Company may, in its sole discretion, cancel an Order for any reason, including but not limited to the unavailability of a Product or errors on the Website.
4. If an Order is cancelled under this Clause 7, the Company will notify you and, if applicable, return any Fees paid by you via the original payment method used in Check Out. The Company makes no guarantee that any Product with respect to a cancelled Order will be available at a later date.

REFUNDS & RETURNS

1. All refunds and returns are subject to the Company’s policy found here: https://therarecork.com.au/privacy-policy/.

TERMINATION & SUSPENSION

1. If the Company determines that you are in breach of this Agreement, the Company, in its sole discretion and without notice, has the right to limit access, suspend or terminate your Account and/or refuse or limit any and all current or future use of your Account and/or the Website. Such suspension or termination shall not release you of any obligations existing at the time your Account is suspended or terminated. In addition to terminating the Agreement, the Company will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.
2. You have the right to terminate or suspend your Account via your Account’s page or by contacting the Company.
3. If your Account is terminated, suspended or otherwise limited, any Orders placed but not yet dispatched shall be cancelled.
4. The following sections of these Terms of Use will survive termination: Delivery; Refunds & Returns; Termination & Suspension; Intellectual Property Rights; User Warranties; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.

INTELLECTUAL PROPERTY RIGHTS

1. Except for third party data or as otherwise stated, all other parts of the Website are owned or controlled by the Company or third parties that have authorised such use, including but not limited to all trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Website (“Company Materials”).
2. All rights are reserved. The Company Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms of Use, without the prior written consent of the Company.
3. The Company is the sole owner of all intellectual property in its Products and Wine Racks and you must not copy, reproduce or adopt the designs embodied in any Products and Wine Racks for any use, including but not limited to developing your own products or for any other purpose outside of this Agreement.

USER CONDUCT

1. As a User, you must not (and must not allow any third party to):
2. use the Website in any manner that could damage, disable, overburden, or impair the Website;
3. attempt to gain unauthorised access to any parts of the Website;
4. interfere or attempt to interfere with the proper working of the Website software;
5. use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from the Company;
6. analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of the Website; and/or
7. transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of the Website.
8. The Company reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any third-party website or application which is linked to or from the Website.

USER WARRANTIES

1. AS A USER, YOU WARRANT TO THE COMPANY AS FOLLOWS:
   • THAT ALL DATA UPLOADED TO DUOPILLOW IS CURRENT, TRUE AND ACCURATE AND DOES NOT CONTAIN ANY VIRUSES, TRACKING SOFTWARE OR OTHER PROGRAMMING ALGORITHMS THAT INTERFERE WITH THE COMPANY’S PRIVACY, DATA OR COMPUTER SYSTEMS;
   • IF YOU ARE USING DUOPILLOW OR AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF ANOTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO A COMPANY OR OTHER ORGANISATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THE TERMS OF THIS AGREEMENT; AND
   • TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING AUSTRALIAN CONSUMER LAW), THE COMPANY WILL NOT BE IN ANY WAY LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM YOUR USE OF DUOPILLOW AND/OR ANY OF ITS PRODUCTS.

INDEMNITY

1. You indemnify the Company and its officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any third party data imported into the Website, the access and use of the Website and/or any breach or alleged breach of this Agreement by you.
2. Should the Company, in its sole discretion, determine that you have breached these Terms of Use, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

NO WARRANTIES AND LIMITATION OF LIABILITY

1. To the fullest extent permitted by law (including the Australian Consumer Law), the Website is provided on an “as is” basis and without representations or warranties of any kind to you, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of the Website will be uninterrupted or error-free. The Company does not represent that the Website will be secure or free of viruses or other harmful material or elements, or that any Company Materials will be correct, accurate, timely or complete.
2. The Company may direct you to third-party websites, and is not responsible for the content, the accuracy of the information and any products or services available on such third-party websites and/or for any damage of any kind arising from your access or use of such third-party websites.
3. To the fullest extent permitted by law (including the Australian Consumer Law), the Company has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the use of the Website and/or any of its Products, including but not limited to any changes, errors and/or misrepresentations made via the Website, the lack of access to any part of the Website or third party provided to the Company, the termination or suspension of the Account, and/or any modification or discontinuance of any Products.

ASSIGNMENT

1. You acknowledge that this Agreement is personal to it and you cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of the Company. The Company reserves its right to assign the provisions of this Agreement at any time.

GOVERNING LAW AND JURISDICTION

1. These Terms of Use and the access and use of the Website shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, you accept that any dispute under these Terms of Use or arising out of access and/or use of the Website shall be subject to the jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, you hereby submit to the jurisdiction of such courts for such purposes.
2. You are solely responsible for compliance with any applicable laws of the State, Territory or Country from which you access the Website.

ENTIRE AGREEMENT