TERMS & CONDITIONS
We know it's a lot of reading! But here's some of the important stuff you need to know!
We have carefully selected premium independent wines and done our best to ensure we have plenty of stock in all the wines we offer. If for some unforeseen reason the pack you purchased has a wine that is out of stock we will contact you immediately to select an alternative.
Each wine is a premium wine from a specific vintage (year it was created). Invariably every vintage runs out at some point. In the case that you have ordered a pack that contains an out of stock vintage, we will replacement it with the latest vintage to keeps things fresh and in accordance with your order.
If you pay by credit card you may request that your delivery is left on the doorstep. However if you pay by Paypal we cannot deliver to an unattended address and require someone to be present who is over 18 years of age and can provide proof of age.
We do our best to deliver to most parts of Australia. Perfect Drop Wines uses the Australia Post delivery network. Australia Post provide a free online package tracking service so you will be kept up to date with the progress of your order. Australia post will deliver to your door, or leave a card for collection at your local post office.
Australia Post reserve the right to leave a card even if you request an unattended delivery if:
- There is someone home but they cannot provide proof of age
- The delivery driver is concerned that minors are present in the vicinity of your premises
- There is no clear instruction to leave the delivery in a safe place
- Please note if you pay by Paypal we cannot deliver to an unattended address and require someone to be present who is over 18 years of age and can provide proof of age
- Unfortunately items can be damaged during transit, in which case we ask you to contact our office on 0411 653 945 to discuss a replacement. Just make sure you notify us within 48 hours of receiving your order.
2 Relationship To Agreements
To the extent that it is incorporated by reference into any agreement between you and us, such as our website terms and conditions, the terms of this policy form part of that agreement (Perfect Drop Wines Agreement).
(a) We collect Personal Information about you when you provide it to us in the course of completing information fields (eg name, email address, phone number, interaction data) on a website operated or hosted by us or via email tracking and analysis, social media or mobile interaction operated by us.
(b) We also collect the following kinds of Personal Information about you:
• Purchase history and information
• Product preference information
(a) We collect only such Personal Information as we need to collect in order to supply our services. To the extent (if any) that the Personal Information is Sensitive Information, we will not collect that information without your consent. To the extent that we do not need to collect Personal Information about you, you are not obliged to provide that information to us.
(b) Specifically, we collect Personal Information (as relevant):
• For the purposes of direct marketing or sharing with our marketing suppliers and partners;
• to enter into contractual relations with you, eg the Perfect Drop Wines Agreement;
• to identify you as a party to the Perfect Drop Wines Agreement;
• to supply our services to you;
• to enable you to use any goods we may supply;
• to assist us to improve our services;
• for certain Legal Reasons; and
• to otherwise comply with our obligations under law.
(c) If you do not enable or permit us to collect this Personal Information, then we may not be able to all of the things set out in paragraph (b).
3.3 Collecting entity
The entity collecting Personal Information is Cazmar Pty Ltd (ABN 44 363 063 428) of PO BOX 375 Miami QLD 4220.
4 Use Of Personal Information
(a) We use Personal Information to supply our services to you and to send you communications about these matters, such as administrative notices. We also use Personal Information to enable third parties to communicate directly with you.
(b) If you provide your name and mobile phone number or email address to us, you thereby consent to our using your Personal Information to market our services to you, such as by adding you to our mailing list and notifying you of promotional offers. You may withdraw this consent at any time at no cost. All our direct marketing communications will include an unsubscribe or other opt-out mechanism. If you provide your IP address or cookies to us, you thereby also consent to our using that Personal Information about you to market services to you by way of displaying targeted banners or similar. You have control over whether you provide cookies or an IP address to us. We will not use your Sensitive Information (if any) in relation to direct marketing without your consent.
(c) We may also use Personal Information for compiling general information that is not itself Personal Information (General Information). General Information may include aggregated statistical information about your attributes, interests and activities. We may use General Information to, among other things, better understand our clients’ needs and improve our services.
(d) We may also use Personal Information for Legal Reasons.
5 Disclosure & Transfer Overseas
5.1 Disclosure by us
(a) Generally speaking, we will disclose Personal Information only to sub-contractors supplying us with hosting facilities and financial institutions supplying us with payment facilities and data management. We do this so that those parties can provide their services to us, enabling us in turn to supply our services to you.
(b) However, please note that we also disclose Personal Information to our direct marketing partners and marketing agencies
(c) We may disclose Personal Information for Legal Reasons.
(d) We may disclose General Information to any person for any commercial purpose.
5.2 Disclosure by you
You may have the practical capacity to disclose Personal Information to the general public when using our services, eg posting an online comment or ‘like’ etc. You take full legal and practical responsibility for any such disclosure of Personal Information.
(a) You will be able to access Personal Information about you by contacting us. If we provide access to the information, we will do so within a reasonable time.
(b) Notwithstanding paragraph (a), we may not grant you access to Personal Information for reasons including:
• if doing so would have an unreasonable impact on the privacy of other individuals;
• if the request for access is frivolous or vexatious;
• giving access would reveal evaluative information generated within Perfect Drop Wines in connection with a commercially sensitive decision-making process; or
• for Legal Reasons or similar reasons.
(c) If we deny you access to Personal Information, we will provide reasons for our decision.
(a) We will take reasonable steps to ensure that Personal Information that we collect, use or disclose is accurate, complete, up-to-date, relevant and not misleading (together, satisfactory).
(b) If you believe that the Personal Information we hold is not satisfactory, you may contact us and ask us to correct the information.
(c) If you demonstrate to us that Personal Information held by us is not satisfactory, we will, within a reasonable time, take reasonable steps to correct the information. If you claim that such information is not satisfactory and we disagree, we will notify you of our reasons and, at your request, accompany the information with a note stating your position about the information.
(d) If we correct information that was not satisfactory and we have previously disclosed that information to a third party, we will take reasonable steps to notify that third party.
8 Storage & Security
(a) We hold your Personal Information on internet servers operated by hosting service providers. We have entered into services agreements with those service providers.
(b) We will take reasonable steps to protect Personal Information from misuse, loss, unauthorised access, modification or disclosure.
(a) We will take reasonable steps to destroy, disable access to or permanently de-identify Personal Information if we no longer need it for any purpose for which we would be permitted to use or disclose the information under the APPs.
(b) However, characteristics of information storage technology mean that it is not reasonably possible to delete every last remnant of information we have collected.
(a) If you wish to complain about a potential breach of the APPs by us, please write to our Privacy Co-ordinator at:
Cazmar Pty Ltd (ABN 44 363 063 428)
PO Box 375 Miami QLD 4220
Phone : 0411 653 945
(b) If we receive a complaint from you, we will handle the complaint in the following way:
• We will acknowledge receipt of your complaint.
• We will conduct an investigation of your complaint.
• We will notify you of the outcome of our investigation.
• We will provide you with basic information about further action that you may take if you are dissatisfied with the outcome of our investigation.
11 This Policy
(a) We may vary this policy at any time by amending the version of this document accessible by you on a webpage on our website.
(b) We will take reasonable steps to notify you of material variations made pursuant to paragraph (a).
11.2 Principles of interpretation of this policy
In this policy, unless expressly to the contrary and as appropriate in the context:
• an expression in the plural may be read in the singular, and vice versa;
• a reference to a thing or things includes a reference to any, some or all, or part or whole, of the thing or things;
• a reference to an act includes an omission and to the causing to be done of that act or omission;
• a reference to a person doing an act includes a reference to the doing of the act on behalf of the person;
• a reference to one alternative does not, of itself, exclude any other alternative;
• an expression of the exercise of a right means the exercise of that right at the sole and absolute discretion of the relevant party;
• a list of rights is not to be read as an exhaustive list of rights;
• a reference to a provision, clause or paragraph is a reference to a provision, clause or paragraph of this policy.
11.3 Defined Terms
(a) This clause 11.3 defines terms used in this policy. Other terms are defined elsewhere in this policy.
(b) collect includes to hold or store following collection.
(c) disclose may include to transfer.
(d) Legal Reasons means any if the following:
• It is unreasonable or impracticable to obtain your or the individual’s consent and the collection, use or disclosure of the Personal Information is necessary to lessen or prevent a serious threat to an individual’s life, health or safety, or a serious threat to public health or safety.
• We believe the collection, use or disclosure of the Personal Information is necessary in order for us to take appropriate action if we have reason to suspect unlawful activity or serious misconduct in relation to our functions or activities has been or is being engaged in.
• The collection, use or disclosure of the Personal Information is required or authorised by or under an Australian law or a court / tribunal order.
• The collection, use or disclosure of the Personal Information is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.
• The collection, use or disclosure of the Personal Information is reasonably necessary for the purposes of a confidential alternative dispute resolution process.
• We reasonably believe that the use or disclosure of the Personal Information is reasonably necessary for enforcement related activities by an enforcement body.
(e) Personal Information is information about an identified individual or an individual who is reasonably identifiable, including Sensitive Information.
(f) Sensitive Information is Personal Information of a sensitive nature, such as information about race, ethnicity, political opinion, religious beliefs or sexuality.
(g) use may include to disclose or transfer.
(h) we means Camar Pty Ltd.
(i) you means:
• the individual who has entered into the relevant Perfect Drop Wines Agreement or, if the person who has entered into the Perfect Drop Wines Agreement is an entity (eg a company) and not an individual, then in this policy you means any individual connected with the entity and who supplies Personal Information to us in the course of the entity’s performance of the Perfect Drop Wines Agreement; or
• the individual reading this policy, if that individual is also an individual in relation to whom we must, pursuant to the Privacy Act 1988 (Cth), abide by this policy.