Terms & ConditionsPlease read the following terms and conditions carefully before placing your order with Hobbs wines Pty Ltd. By completing the customer application process and using the services provided by Hobbs wines Pty Ltd, you acknowledge that you have read and understood these terms and conditions and agree to be bound by the terms and conditions of this Agreement. Henceforth, Hobbs wines Pty Ltd shall be referred to in this agreement as Hobbs.
Table of Contents
1. Glossary of Terms
2. The agreement
3. Purchase orders & delivery of goods
4. Risk & title
5. Price of goods & payment
6. Out of stocks & substitution
7. Packaging & labelling of goods
9. Intellectual property rights
12. Notification of changes
16. Promotions & Clearances
17. Product Availability
1. Glossary of Terms
"Agreement" means an agreement between the customer, you, and Hobbs to supply Goods. The Agreement consists of the Order and the Terms & Conditions.
"Conditions" means these Conditions and any agreed written variations.
"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.
"Goods" means Goods described in an Order and includes packaging.
"Intellectual Property Rights" includes all rights in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise.
"Order" means an order by you to purchase Goods from Hobbs.
“Case” is the finished package delivered whether it be a 2 pack, 6 pack or dozen.
"Personal Details" includes, but is not limited to Your name, Delivery Address and payment details.
"Product List" means the list of Goods displayed on the Hobbs website as amended from time to time.
"Shipping" means the fee payable to Hobbs in respect of delivery of the Goods and handling costs associated with processing your Order as advised by Hobbs from time to time.
2. The Agreement
The entire Agreement between you and Hobbs for the purchase of Goods by you from Hobbs is inclusive of both these conditions and the terms of the order. Each Order is a separate agreement. The agreement exists between you and Hobbs once Hobbs receives and accepts your order. Each order may be accepted by Hobbs in its absolute discretion.
3. Purchase orders & delivery of goods
3.1 Delivery Area
In order to purchase Goods from Hobbs, the Delivery Address which you nominate will need to be within a location where Hobbs provides delivery services (see Delivery options and pricing). Hobbs will advise you if the Delivery Address which you nominate ceases to be in an area where Hobbs delivers goods. Hobbs will not be obliged to continue to deliver Goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not in an area within which Hobbs delivers goods.
You will place an Order with Hobbs by:
1. selecting Goods on Hobbs's website, entering your Personal Details and pressing the "submit for processing" button; or
2. selecting Goods and instructing Hobbs by telephone that you wish to purchase the Goods, and providing your Personal Details to Hobbs; or
3. selecting Goods and instructing Hobbs by e-mail that you wish to purchase the Goods, and providing your Personal Details to Hobbs;
3.3 Authorised Receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed by Hobbs to be authorised to receive the Goods on Your behalf. Hobbs may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. Hobbs will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years or to persons who fail to provide proof of age satisfactory to Hobbs that the person is aged eighteen (18) years or over.
3.4 Delivery Requirements
Hobbs is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:(a) to the adult person who placed the Order, or(b) to another adult person at those premises who undertakes to accept it on your behalf, or(c) if delivery takes place on a day following the placing of an Order, in accordance with the customer's instructions but always to a person over the age of 18 years.The person responsible for delivering liquor may refuse to deliver the liquor to any person who fails to provide proof of age satisfactory to the person responsible that the person is aged eighteen (18) years or over.
3.5 Additional Delivery Fee
If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered Hobbs may charge You and You may be required to pay an additional fee.
4. Risk and Title
Risk and title in the Goods passes to You upon delivery of the Goods to the Delivery Address.
4.1 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the Hobbs office and we will assess your request for a credit, refund or exchange of product of the purchase price.
5. Price of Goods and Payment
5.1 Price of Goods
Subject to clause 6.2 the price you shall pay for the Goods at the price specified on the Product List at time that Goods are confirmed as ordered. You also agree to pay the delivery and handling fee (when applicable) in respect of each Case Ordered and all taxes, including goods and services tax, which Hobbs is required to collect from you.
Hobbs's prices are subject to variation without notice. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.
5.3 Method of Payment
Payment upon Placement of Order. You shall pay for the Goods at the time of your Order. You may use your credit card (MasterCard, Visa.) Cheques may be accepted at Hobbs s discretion. Hobbs does not accept cash payment for the Goods purchased in anyway with the exception of goods purchased directly from Cellar Door.
6. Out of stock & substitutions
6.1 No Rainchecks
Hobbs will not provide rainchecks in respect of Goods ordered by you.
6.2 Substitution Policy
Hobbs will use its best endeavours to ensure that all Goods ordered by you are supplied to you. If the goods ordered by you are not readily available in stock, whenever possible Hobbs will offer to you a comparable product of equal or greater value.
7. Packing and Labelling of Goods
Hobbs aims to include in the Product List up-to-date pictures of the Goods. At times, the pictures of the Goods on the Product List are for illustrative purposes only. Hobbs does not warrant the accuracy of information contained on the Product List and recommends that you read the label on Goods carefully before consuming the Goods.
You are licensed to use the Hobbs website on your computer for your use in purchasing Goods from Hobbs. You acknowledge that you are not permitted to make any other use of the Hobbs website unless given prior written authorisation by Hobbs.
9. Intellectual Property Rights
You acknowledge that Hobbs or its related corporations own or are licensed to use all Intellectual Property Rights in Hobbs (including, but not limited to, any images, photographs or text which appears on the website). You agree that you will make no representation to the contrary, and that you must not use or copy Hobbs in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
You acknowledge that any trade marks or logos which appear on the Hobbs website are owned by or licensed to Hobbs or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
You acknowledge that Hobbs’s website service is provided "AS IS" and that Hobbs is not making and has not made any warranty or representation as to Hobbs's suitability of Goods for any particular purpose.
To the extent permitted by law, you agree that any liability of Hobbs arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you through use of Hobbs’s website will be limited to:
1. if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; anYou agree that the entire risk arising out of installation, downloading, use or performance of Hobbs’s website remains with You. To the extent permitted by law, You release and discharge Hobbs and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Hobbs or this Agreement, including, without limitation, loss or damage caused by the negligence of Hobbs or its related corporations.
2. if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
Protecting your personal and order information is a priority at Hobbs. We want you to be able to order from us with total confidence. Therefore, we use 128bit Secure Sockets Layer (SSL) technology to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to the Hobbs website. Secure transactions for this website are done via www.hobbsvintners.com.au who use a GeoTrust certificate to ensure secure transmission of your information.
If you are issued with a PIN or password by Hobbs you agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and forever indemnify Hobbs in relation to any liability howsoever arising out of the unauthorised use of your PIN or password.
12. Notification of changes
Hobbs may add to, delete, or otherwise change any of the terms of this Agreement. Hobbs will notify you of any substantial changes to these terms & conditions as provided in Clause 15. Your use of the redhillestate.com.au service after notice will constitute your deemed acceptance of such changes.
13. Privacy & Security
Hobbs may terminate this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that your shopping privileges have been removed. If this occurs, please contact the Hobbs office for advice or to place an order. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
Hobbs may give notice to you by electronic mail or by regular mail to your address contained in the membership registration information provided by you. You may give notice to Hobbs by electronic mail to
16. Product Availability
Due to Liquor Licensing restrictions certain Goods will not be available for sale in the following areas;
* South HedlandDue to a Licensing Accord certain Goods will be unavailable for purchase during certain times in Kalgoorlie.
* Chinatown and
Hobbs reserves the right not to sell certain Goods to any person to which, or in any location where, the sale of certain Goods is restricted or prohibited.
18.1 Provisions are severable
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
18.2 South Australian Law Applies
The laws of South Australia govern this Agreement.
Goods will be dispatched within 2 working days from receipt of order. If for any reason we are unable to supply your order within this time we will contact you by email.
Goods will be sent with Australia Post Express Service wherever practical. Customers residing within the Express Post Service Area will usually receive their order the next business day after dispatch.
International Customers please contact us for a freight quote before ordering.