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Terms and Conditions
Terms and Conditions
Welcome to the Mt Romance Australia Pty Ltd ("Mount Romance") website (the "Website"). Mount Romance provides services and products to you subject to the following terms, conditions, notices and disclaimers as amended from time to time at the discretion of Mount Romance ("Terms and Conditions").
By accessing, browsing or utilising any or all of the services and products within or provided by Mount Romance, you acknowledge that you understand and agree to the Terms and Conditions contained herein. If you do not agree with the stated Terms and Conditions, Mount Romance advises that you do not use the service.
Mount Romance reserves the right to amend, change or omit this site at our discretion. Additionally we reserve the right to institute changes or amendments (effective immediately) to any or all of the Terms and Conditions contained in this document and to which, by your utilisation of the Website, you will be bound.
Copyright and Intellectual Property
Mount Romance reserves all rights of ownership of the content and its compilation unless otherwise stated. "Content" pertains to all information, text, graphics, materials, images, audio clips, characters/mascots, software and advertisements and its/ their orchestration, arrangement and assembly.
Australian and international Copyright Law protects the Mount Romance Web, including content and its compilation. This prohibits unauthorised parties or individuals (for personal or commercial purposes) to sell, copy, exploit, modify, reproduce, transmit, distribute, republish or exhibit any site, content, compilation or part thereof.
Prices of products and services displayed on this Website are deemed to be competitive and current. However prices vary on occasion and products are subject to availability.
An order placed by you is an offer to purchase a particular product at the price and delivery charges specified on this Website. Mount Romance reserves the right to accept or reject your offer for any reason. Prices and products and delivery charges, and product and service availability are current at the time of issue but are subject to change at any time without notification. To efficiently process your order you must submit your name, email address, mailing address, credit card number and the expiry date of your credit card. You must provide accurate personal details and information and must not transmit any material of any kind, which contains a virus, malicious computer code transmitted on or through the Website or other harmful component. Your contract with Mount Romance is operable when Mount Romance advises that your order has been accepted and receipt of your payment is confirmed.
Mount Romance reserves the right to terminate access, refuse service, terminate accounts, and/or cancel orders at its discretion and at any time without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Mount Romance set out in the Terms and Conditions will survive termination.
Unauthorised use of a credit card, use of an invalid card and/or the provision of a false name and personal details will be considered fraudulent. All fraudulent activity will be subject to prosecution by the fullest extent of the law.
Mount Romance endeavours to fulfil its commitment to the stated delivery schedule but cannot guarantee to meet scheduled delivery times on all occasions. Delivery times are indicative only and Mount Romance does not accept any liability for failure to meet scheduled delivery times or any inconvenience caused as a consequence.
Links, Advertising and Offers
Mount Romance may at any time display third party advertisements, embedded and non-embedded hyperlinks, referral buttons and other pointers to internet websites operated by third parties or their licensees or contractors. Mount Romance does not endorse or recommend the products, services or content of the advertisement nor accept any responsibility for the contents of any linked websites or any hyperlink contained within a linked Web Site. Any offer that you can accept by linking to the third party advertiser's website and executing the relevant transaction is made by you at your own risk. Mount Romance is absolved of any responsibility of any outcome as a consequence of your access.
These Terms and Conditions and your agreement, as constituted by your access, browsing or use of this Website will be governed by and construed in accordance with the laws of Western Australia, Australia. You and Mount Romance agree to submit to the exclusive jurisdiction of the courts of the state of Western Australia, Australia.
In the event that any of these Terms and Conditions are deemed to be unenforceable or contrary in any respect under any law then such unenforceable or invalid law shall not affect any other provision of these Terms and Conditions. The Terms and Conditions shall be constituted as if such an unenforceable law and contrary provisions had never been contained herein.
Limitation of Liability
Mount Romance will in no circumstances, to the extent permitted by law, be liable for any damages or loss whatsoever, whether direct, indirect, punitive, special, or consequential. Nor will Mount Romance be liable for any loss of profits that are directly or indirectly related to the use of, or the inability to use, the Mount Romance Website, even if advised of the possibility of such damages or that such damages were foreseeable.
Where Mount Romance is unable to exclude liability for breach of Terms and Conditions of any implied warranty by virtue of any statute, then its liability shall be limited to any one or more of the following:
If the breach relates to products:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired.
If the breach relates to services supplied or offered:
1. the supplying of the services again; or
2. the payment of the cost of having these services supplied again.
Special facility Licence 6880079236. Mt Romance Australia Pty Ltd, Lot 2 Down Road, ALBANY WA 6330
Warning: it is an offence to sell or supply liqour to a person under the age of 18 years from a licenced or regulated premises or for a person under the age of 18 years to purchase or attempt to purchase liquor from a licenced or regulated premises.
In the event that you have made the wrong selection or have been sent the wrong item, Mount Romance is happy to exchange your purchase. Simply return the item in the box it was delivered in and include an indication of the item for which it should be exchanged. If the amount of the exchange varies from the original product you will be required to pay the difference.
Damaged or Faulty Goods
If you receive a product which has been damaged during delivery or is faulty please notify our Customer Service Centre immediately on 1300 362 132 within Australia or +61 8 98456811 for international callers. You may choose to fax (+61 8 9841 7100) or email us (firstname.lastname@example.org) with any complaint. Damaged or faulty goods will be promptly replaced, exchanged or a full refund issued.
All damaged and faulty goods can be sent back free of charge (within Australia) by using the Reply Paid address which can obtained from our Customer Service Centre on 1300 362 132.
If you have any queries or need to seek clarification about any consumer related information please call our Customer Service Centre on 1300 362 132 and our staff will be happy to assist you.
The information contained within this Website is provided by Mount Romance in good faith that the information is accurate and current and is represented in accordance with Australian law.
To the extent that this law is not in accordance with the country within which you reside or are accessing this Website, this disclaimer does not apply to you and you should refrain from accessing and purchasing from it. If you proceed and do access and purchase from the Mount Romance Website you acknowledge that you agree with the Terms and Conditions contained herein and agree to indemnify Mount Romance of any damages, losses or costs you incur as a consequence.
Mount Romance makes no representations or warranties of any kind, expressed or implied, as to the operation of the Website or the information, content and materials, including the currency, accuracy or completeness, of any content or any information provided by third parties, on or through the Website. Mount Romance disclaims the accuracy of all descriptions and specifications of the products included on this Website.
Mount Romance will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Mount Romance will not guarantee that your access to the Website or the functions contained within will be uninterrupted or error free. Mount Romance will not guarantee that any errors will be corrected or that the Website or the server is free of viruses, malicious computer code transmitted on or through the Website or other harmful components.
All rights not expressly granted in these Terms and Conditions are reserved.
This website is owned and run by Mt Romance Australia Pty Ltd ("Mount Romance" or "We").
What information do we collect? How do we use it?
Mount Romance has created a membership program that offers you access to a variety of benefits including loyalty points, newsletters and special offers. To become a member and obtain the full benefits of Mount Romance membership, you must register your details with us and login each time you visit the website.
If you become Mount Romance member, we collect and use personal information from you so that we can provide you with the benefits of membership and allow us to develop new products, offers and services that are relevant to you. From time to time, we may use the information that you give us for marketing purposes including to send you newsletters and email updates and information about members-only promotional offers and competitions. Once you become a Mount Romance member we may continue to collect personal information about you in order to provide you with the full benefits of membership.
Do we share the information we receive?
The information you provide to us is confidential. We will not disclose personal information received from you via the website to third parties except:
• where third parties are appointed by Mount Romance (for example mailing houses) require access to personal information in order to perform services for Mount Romance and where such third parties are under an obligation to keep that information confidential;
• within the Mt Romance Australia Pty Ltd or its parent company TFS Corporation Ltd and its subsidiaries;
• where Mount Romance is required or authorised by law to disclose personal information, for example to law enforcement agencies;
• with your consent; or
• where otherwise consistent with the Privacy Act 1988 (Cth).
If you change your mind about receiving this information in the future, please let us know. **
By using the website you consent to the collection and use of your personal information by Mount Romance as described above.
How we protect your information
We have put in place various security procedures to protect your information including firewalling our computer systems, limiting employee access to data and system password protection.
Updating your details
If any of the information that you have provided to us changes, for example if you change your name or e-mail address, please let us know the correct details via the contact form.
If you are a registered customer you can sign in and edit your own details by following the "Edit your account details" link. If you would like to close your account and remove your details from our database please send a request via the contact form.
How to contact us
** You can check the information we hold or ask us to amend any inaccuracies in the information that we hold or request its removal by writing to us or emailing us at the above address. We will take the necessary action within the time limits provided for under the Act. We reserve the right to use reasonable measures to check your identity before any information will be disclosed to you.
*** Your continued use of the website will be your acknowledgment of your agreement to the revised policy.