Terms of service

Terms of service


Terms & Conditions 

This website is owned and operated by Casella Wines Pty Limited ABN 96 060 745 315 trading as Casella Family Brands and/or its related Businesses 

As a condition of using our website (“Website/s”), you agree to comply with and be subject to all of the following terms and conditions (including our Privacy Policy).  In the event that you do not agree to any of the below terms and conditions, please discontinue use of our Websites immediately. 

1) No Representation  

We will endeavour to ensure the accuracy of information displayed on our Website. However, to the extent permitted by law, no warranty or representation is given as to its quality, accuracy or completeness. It is the responsibility of the user to judge the accuracy of information before relying on it in any way. 

We make no warranty or representation as to the suitability of our Website, any site which is linked by our Website or our products for any purposes. No content on our Website or any site that is linked by our Website constitutes advice and should not be relied upon in making or refraining from making any decision. 

Casella Family Brands does not represent that any information (including any file) obtained or downloaded from our Website or any site that is linked by our Website is free from computer viruses or other faults and defects. It is the responsibility of the user to carry out any appropriate scans of such files for any viruses, faults or defects. 

2) Limitation of Liability  

We accept no responsibility for any loss, liability, cost, expense or damage of whatever nature arising out of the use of, or inability to use, our products, Website and any site that is linked by our Website, or from any error or omission in information contained on our Website, any site that is linked by our Website or our products. 

All conditions, warranties or liabilities with respect to the supply of any services by us, via our Website imposed or implied whether by law or by statute are expressly excluded and negated, provided that nothing in these terms and conditions shall exclude, restrict or modify any condition, warranty, right or liability which may at any time be implied in these terms and conditions (including any condition, warranty, right or liability implied by the Competition and Consumer Act 2010 or any similar applicable State or Territory legislation) where to do so is illegal and would render any provision of these terms and conditions void. 

To the extent permitted by law, Casella Family Brands expressly limits its liability for breach of any condition or warranty implied, be they statutory or otherwise, into any service supplied via our Website to; the supply of the service again; or the payment of the cost of having the service supplied whichever we may in our absolute discretion select. 

3) Links  

Any links to other websites contained on our Website have been included for convenience only and we accept no responsibility or liability for the contents of any linked website. The inclusion of any link does not imply endorsement by us of any linked website or its provider. It is the user’s responsibility to make themselves aware of the terms and conditions on which access is granted to linked sites. Users should be aware that some links may be to pages other than a home page. 

4) Copyright  

Unless indicated otherwise, copyright in the content of our Website, including any Casella Family Brands’ or its related companies trademarks, logos and brands, belong to Casella Family Brands or its related companies. To the extent permitted by law, we reserve all rights in respect to such content. Our Website, its content or part thereof may not be reproduced, copied, sold, re-sold or otherwise exploited in any form by any process for any purpose that is not expressly permitted by us. 

5) General  

These terms and conditions shall be governed by the laws of New South Wales and are subject to the exclusive jurisdiction of the Courts of NSW.  

Casella Family Brands’ failure to exercise or enforce any rights or provisions of these terms and conditions shall not constitute a waiver of such right or provision unless agreed to by us in writing. If a provision of these terms and conditions or a right or remedy of a party under these terms and conditions is invalid or unenforceable in a particular jurisdiction; it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.  

We reserve the right to amend or otherwise alter the information displayed on our Sites at any time, including but not limited to these terms and conditions. Any amendment to these terms and conditions will take effect immediately. Your continued use of our Website following any amendment to these terms and conditions shall be deemed to be agreement by you to be bound by these terms and conditions, as amended. 

6) Promotional Codes, Competitions or Related Offers 

Casella Wines Pty Limited (Casella Family Brands) reserves the right to change the terms and conditions of, or otherwise modify, suspend or cancel any promotional code, competition or related offer at any time. Only one promotional code or discount can be applied to any order. Depending on the discount code, the discount can be used storewide or else on selected products. This will be stated at the bottom of the communication or below where necessary. Promotional discounts cannot be used on large formats, merchandise, events or food. If you are a member of multiple mailing lists/ wine clubs where discounts apply, the highest discount will be taken into account. For on-going mailing list and wine club discounts, you must be logged into your user account for the discount to be applied. This will automatically be applied at the check once you are logged into the respective user account. If you have received a specific discount code, please apply these at the check-out. Any additional terms will be highlighted at the time of receiving the discount code or joining the club or mailing list or noted below.  

From time to time to time we may send you special offers and all such offers are governed under the terms and conditions of that offer. You may opt out of receiving these offers by clicking unsubscribe via the mechanism contained in each of those emails. Alternatively, you can contact us and request to be unsubscribed – please allow 5 days. If you choose to opt out we may still contact you where we are legally required to e.g. order confirmations, changes to products etc. 

7) Mobile Terms of Service  

The mobile message service (the "Service") is operated by Ampersand (“Ampersand”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.  

By consenting to Ampersand's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Ampersand through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).  

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ampersand. Your participation in this program is completely voluntary.  

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.  

You may opt-out of the Service at any time. Text the single keyword command STOP to Ampersand or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Ampersand mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.  

For Service support or assistance, text HELP to Ampersand or email info@casellafamilybrands.com.  

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.  

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.  

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.  

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. 

8) Responsible Consumption of Alcohol  

We promote the responsible consumption of alcohol. Alcoholic beverages should only be consumed by persons of legal drinking age. We recommend that our alcoholic beverages be enjoyed responsibly and in moderation. 

9) Subscriptions

We do offer subscriptions for purchasing Ampersand.

If you wish to subscribe to a regular delivery you agree that: 

  • you must provide us with your name, address, email and phone number; 

  • you must provide us with your credit card details to allow us to process your subscription order as per the frequency you selected at time of joining;

  • the minimum purchase per subscription order is 6 bottles; 

  • you will receive communications from us about your Orders, these are service emails and not marketing; 

  • you may skip or cancel at any time (without penalty) by logging into your Ampersand customer account online; 

  • you will comply with any terms and conditions specified by our wine clubs in addition to these terms and conditions. 

10) Ordering 

When placing an order or subscribing to the wine club via our Website (“Order”), you confirm that all the details you have provided in completing the Order and offer to purchase our alcoholic beverages are correct. It is a condition of purchase that you verify that you are 18 years of age or older. Should you not confirm that you are 18 years of age or older, we will not process your Order. 

Any Order placed through our Website for a Product is an offer by you to purchase the particular product for the price as listed at the time the Order is placed. 

You accept that we may contact you by telephone or by email to confirm your payment and information details. 

11) Credit Card 

All Orders placed at the cellar doors must be paid by credit card only. We accept payment with the following credit cards: 

  • American Express; 

  • Visa; and 

  • Master Card. 

You accept that you must pay all fees and charges, including credit cards fees related to the payment of your Order. 

Orders placed through the website will also have access to the Shop Pay and Google Pay payment options. 

12) Acceptance, Rejection or Cancellation of an Order 

We reserve our right to accept or reject any Order placed by you, for any reason and without liability. 

We may cancel any Order without any liability to you for that cancellation if: 

we cannot or are unable to process your payment for any reason; 
the requested product(s) are unavailable; 
there is an error in the price or the product description of any product in the Order; or 
we suspect fraudulent or unlawful activity. 

Any payment made for a valid order that we cancel will be refunded to you through any method of our choosing. 

You agree that you have no entitlement to change or cancel an Order after it has been made. We retain full discretion whether to accept your request to change or cancel an Order. If we do choose to accept your request to change or cancel an Order, you accept that you will pay all our reasonable costs associated with changing or cancelling your Order. 

13) Delivery 

Currently Australia Post  is our preferred carrier. 

We do not currently deliver directly to the Northern Territory but you are able to purchase Ampersand through your local liquor retailer. 

At this time, customers are not able to choose the carrier. The most appropriate carrier will be allocated by the distribution centre. 

You agree to any of the terms and conditions of the carriers that may be relevant to the delivery of your order. 

Delivery Address 

The address that these carriers will deliver is the address that you have provided during your order. 

We will not action your delivery unless all requested delivery details are provided when you place your order. 

Pre-conditions to Delivery 

You agree that any person who takes receipt of your ordered products at the delivery address is authorised to do so. 

Delivery times 

The standard time-frame for receiving an order is 3-10 business days for metro areas and regional areas within Australia. You accept the risk that occasionally due to circumstances which are beyond our control, including any actions taken by the delivery partners and the impact of extreme temperatures, delivery times may be longer than the standard time-frame. 

You accept that the Delivery times for your order will be within the Australia Post normal delivery times. Please refer to the Australia Post General Terms and Conditions here. 

Delivery returns/non-collection 

We will refund the amount paid by you for any ordered products that we are unable to deliver to you for any reason, including if any delivery pre-conditions are not met.  

Our refunds may contain the following deductions: 

  • Costs incurred delivering the products; and 

  • Costs incurred returning the products to our storage site. 

"Dry Zone" restrictions 

All of our carriers cannot deliver to designated dry zone areas as designated under State liquor licensing laws, liquor regulations and the Australian Federal Government’s classifications. As a result, orders that are placed within the dry zones cannot be fulfilled and any payment received for such orders will be refunded back to the customer.  

14) Risk and Title 

Risk and title in the products pass to you at the later of the time that: 

they are delivered to your delivery address; or 
you pay for the products. 

If the risk and title of an ordered product has passed to you, it will revert back to us if we make a refund to you. 

15) Returns 

We follow the returns requirements imposed upon us by Australian Consumer Law. To obtain a comprehensive understanding of your rights under Australian Consumer Law we suggest that you visit http://consumerlaw.gov.au/. 

Refund due to Deterioration in Quality 

We will provide you with a refund or replacement for any products that have deteriorated in quality during delivery to your delivery address. 

16) No Resale 

You agree that all products purchased from us are not for resale and are for personal consumption only. 

17) Suspension and Termination of Your Account 

We reserve the right to refuse your Order, suspend your account(s) and/or terminate your account(s) if we determine that you have likely acted in contravention of these terms and conditions or any relevant legislation. 

18) Northern Territory 

To ensure compliance with the Northern Territory Minimum Unit Price Legislation we may change the final price calculation of your order if you are a Northern Territory resident. 

We reserve the right to amend our Terms of Service Policy at any time.