General Terms & Conditions
Sales and Delivery
Fowles Wine and FowlesDIY shall be collectively known as “Fowles”. Fowles holds a Wine and Beer Producer’s Licence (licence number: 32606551). Wine sales are only open to Australian residents who are over 18 years old. Under the Liquor Control Reform Act 1998 it is an offence to:
- Supply alcohol to a person under the age of 18 years.
- For a person under the age of 18 years to purchase or receive liquor.
Both offences carry heavy penalties (up to $7000). In purchasing wine online from Fowles (fowleswine.com or fowlesDIY.com.au), you agree that you are an Australian resident of legal drinking age. We will require you to confirm this information at point purchase when prompted and on delivery. You agree that any wine purchased from Fowles is not to be resold.
Responsible Service of Alcohol Fowles believes in Responsible Service of Alcohol. Wine is a special beverage that should be enjoyed in moderation, with great food, friends and family. To learn about responsible consumption of alcohol head to: www.drinkwise.org.au
This website is owned and operated by the trustee of Fowles Wine Trust (ABN 94 074 961 314) (“Fowles”) of Lambing Gully Road, Avenel, VIC 3664, Australia. All content in this website is the subject of Copyright. Copyright in the information contained in this website subsists under the Copyright Act 1968 (Cth) and, through international treaties, the laws of many other countries. It is owned by Fowles unless otherwise stated. All rights reserved. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of this publication may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system) without the specific written consent of Fowles.
The materials (including all software) and services at this site are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Fowles’ obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this website should be construed to alter such agreements. Fowles further does not warrant the accuracy and completeness of the materials, information or services at this website.
Fowles may make changes to the materials and services at this website, or to the products and services described in them, at any time without notice. The materials and services on this website may be out of date, and Fowles makes no commitment to update the materials and services on this website.
Information published on this website may refer to products, programs or services that are not available in your area or country.
Acceptance of Terms
When you access any website connected with Fowles including, but not limited to, fowleswine.com and fowlesDIY.com.au, you agree to be governed by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must refrain from using these websites. By accessing, browsing and using our website/s you acknowledge that you have read, understood and accept these Terms and Conditions.
We suggest you periodically re-visit these Terms and Conditions as they may be changed from time to time.
You acknowledge and agree that all Intellectual Property Rights in the label vests in Fowles. Upon duly authorised receival of the goods, we grant you a non-transferable, perpetual, sole licence to use the design.
Fowles may use the design in relation to the promotion or advertisement of Fowles’ services, or for any other reason. You must not, without our prior written permission, use the design for any purpose other than the specific purpose for which we have provided it. All work, other than the design will not be licensed to you, and remains our property.
After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via Australia Post or another provider like Fastway within 10 days; however, if goods are unavailable delivery may take a little longer.
You should be contacted at various times throughout the delivery process, but if you wish to query a delivery please contact us at DIY@fowleswine.com.
You hereby indemnify, and agree to keep indemnified, Fowles, its directors, officers and employees from and against all claims and/or loss in connection with:
- the use or implementation by us of any information, material or instructions provided by you
- any breach of these Terms and Conditions by you; and/or
- your negligence
You acknowledge and agree that we are not liable for, and you release and forever hold us harmless from any claims or loss relating to damage to, or loss or theft of any information or materials provided by you to us.
Exclusion of Liability
To the maximum extent permitted by Law: - we will not be liable for, and you waive any right it has to claim, any loss of income, loss of profit, production, contract, customers, goodwill, opportunity or business, or any indirect, special or consequential loss or damage of any nature whatsoever arising under or in connection these Terms and Conditions, whether in contract, tort (including negligence), under statute, in equity or otherwise; and - our aggregate liability is capped at an amount equivalent to the total fees already paid by you to us as at the date of calculation of liability.
Australian Consumer Law
Nothing in these Terms and Conditions will be construed as excluding, restricting or modifying any Consumer Guarantee. You are entitled to a resupply of the products or a refund in the event of a major failure. In the event of a minor failure, our liability to comply with a Consumer Guarantee is limited, at our sole discretion, to supplying the products again or payment of the costs of having the products supplied again.
FowlesDIY 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 this site using the eWAY gateway are secured payments:
- Payments are fully automated with an immediate response
- Your complete credit card number cannot be viewed by Fowles Wine or any outside party
- All transactions are performed under 128 Bit SSL Certificate
- All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data;
- 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 Fowles Wine.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au
Acceptable Use Policy
While Fowles encourages you to bring out your inner-creative through FowlesDIY, there are some limitations to what we will print and produce. Fowles may, in its absolute discretion, refuse to produce any labels that contain words or images that are likely to:
- breach Responsible Service of Alcohol guidelines (for more information visit: www.drinkwise.org.au)
- breach the copyright of a third party
- contain prohibited content
Responsible Service of Alcohol
Fowles believes in Responsible Service of Alcohol. Wine is a beautiful drink that should be enjoyed in moderation, with good food, friends and family. To learn about responsible consumption of alcohol head to: www.drinkwise.org.au .
Breach of Copyright
Although you have provided a Warranty and Indemnity to Fowles over the rights of third parties, if Fowles holds reasonable belief that the label contains words or images that may infringe on the rights of others, then they may refuse to produce.
Prohibited content is anything likely to offend including words or images that: - promotes bigotry or racism - are overtly sexual or violent in nature - advocates harassment or intimidation of others - promotes information that is false or misleading
- promotes illegal activity
- are defamatory or slanderous - contain images of another person without their permission - provides information that you do not have a right to make available
- contains sensitive information
- impersonates another person or entity/association
- contains passwords or personally identifying information of another - are generally offensive or in bad taste Fee for Refusal to Produce If a label is refused to be produced on grounds outlined above, then Fowles will charge an administration fee $50 to manage the refusal and refund.
Refunds and Returns Policy
Customer satisfaction is important to Fowles. However, the custom nature of FowlesDIY products make returns a little more difficult. Firstly, please email us at DIY@fowleswine.com within 5 business days if you are not satisfied with your purchase so we can work to resolve any problems with you.
We of course will allow returns and refunds of any faulty products, but this policy does not apply to goods which have been used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken.
In addition, due to the custom nature of FowlesDIY products, we cannot allow returns or refunds if you are:
- unhappy with label quality (unless faulty)
- had a change of heart on the submitted design (after production has started)
If a return and/or refund is agreed, then all products must be returned in their original condition.
Refunds will be given using your original payment method, or such other method as determined by Fowles Wine at its discretion. If you are unable to provide satisfactory proof of purchase, Fowles may in its discretion provide you with a return or refund to the current value of the goods. Please note that Fowles has the right to assess the age and condition of returned goods before offering a repair or an exchange.
Items should be returned to: Fowles Wine , 1175 Lambing Gully Road, Avenel, Victoria 3664 .
All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered Post and that you pre-pay all postage.
You assume any risk of lost, theft or damaged goods during transit; therefore, we advise you take out shipment registration of insurance with your postal carrier.
Fowles will not be responsible for parcels lost or damaged in transit if you choose not to insure.
Protecting your privacy is important to us. We hope this policy will help you understand how we collect, use and safeguard the personal information you provide to us. The terms and conditions set out in this privacy statement only cover the domain names of www.fowlesdiy.com.au.
Collection of Information
In order to use the Fowles websites, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including email. Any information collected by Fowles is collected via correspondence from you or your company. This may be via the telephone, email, mail, fax or directly through our website.
Use of Collected Information
Any details collected from Fowles customers is required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide better service and to assist in our staff development.
Storage of Collected Information
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our website, you can email us at DIY@fowleswine.com.
Access to Collected Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at DIY@fowleswine.com.
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, email, postal address and date of birth) and financial information (such as credit card number, expiration date).
We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
Fowles uses personally identifiable information for essential communications, such as emails, accounts information, and critical service details. We may also use this information for other purposes, including promotional Emails and the like. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at DIY@fowleswine.com.
Fowles may in its absolute discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose.
Fowles does not share any information with third parties for any unknown or unrelated uses.
Legal We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
The website is provided by Fowles in good faith but Fowles does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the website or the content or any websites to which the website is linked, and all warranties and representations are hereby excluded to the extent permitted by law.
The contents of the website do not constitute advice and should not be relied upon in making, or refraining from making, any decision. To the extent permitted by law, Fowles hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the content, the website and/or any website to which the website is linked, or any action taken (or refrained from being taken) as a result of using any of these.
Links on the Fowles site to external entities are not covered within this policy.
We reserve the right to modify this privacy statement at any time, so please review it frequently.