Botanical Hotel’s Winestore is now available online! Click here to shop

Terms and Conditions

Welcome to botanicalhotel.com.au (the ‘Website’). The Website is operated by Botanical Hotel/Rabado Hospitality Pty Ltd (ABN 51 627 790 970) and any reference to ‘we’, ‘us’ or ‘our’ is a reference to Rabado Hospitality Pty Ltd. Access to and use of the Website, or any of its associated products or services, is provided by Rabado Hospitality Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully.

1. Acceptance of Terms

By continuing to use and access the Website, this signifies that you have read, understood and agree to the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its services, immediately. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.

2. Changes to Terms

These Terms may be amended, updated and/or modified by us from time to time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website constitutes acceptance of those changes.

3. Use of Botanical Hotel Online Winestore

3.1. Age Requirement & Liqour Licensing

We support the responsible service of alcohol. Under the Liquor Control Reform Act 1998 it is an offence to supply alcohol to a person under the age of 18 years (penalty exceeds $17,000), or for a person under the age of 18 years to purchase or receive liquor (penalty exceeds $700).

You must be of legal age to purchase wine from this site. If we have reason to believe that a person ordering alcohol is not 18 years of age or older, we reserve the right to refuse or cancel the order.

The sale of liquor pursuant to the offer to purchase from this website is made at our licensed premises attached to Liquor Licence No. 31901178. Your offer to purchase is subject to acceptance of your offer by us, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the Botanical Hotel.

A person over the age of 18 must be available to accept the delivery at the address provided by you. The individual delivering the goods reserves the right to request identification, as required under the responsible service of alcohol laws. We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.

We will not deliver your order if we consider any delivery circumstances may be unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they may be under 18 years).

3.2. Orders

All orders are subject to stock being available.

We reserve the right to cancel any order, at which time we will immediately notify this action by e-mail or phone using the details provided, and issue a refund using the original payment method.

3.3. Pricing & Payment

All pricing throughout this Website references Australian currency. Prices for our products are subject to change at any time without notice, at our sole discretion.

Delivery charges are shown separately and are not included in the displayed product pricing.

All payments are processed through Stripe, our payment gateway provider. Full terms and conditions regarding the Stripe payment gateway can be found here.

3.4. Online Store Content

We do our best to ensure that content on our site accurate, however occasionally information may be incorrect or out-of-date. All vintages, product descriptions, prices and stock quantities are subject to change without notice. Bottle images used to advertise products may show different vintages to those that are currently available from those producers—please note we may not hold that exact vintage in stock.

3.5. Returns Policy

Our returns policy includes the rights you have under Australian Consumer Law.

If the product you purchase is faulty, damaged, or breaches a consumer guarantee, we will gladly refund you upon proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return if we are deemed to be at fault (the wrong product is delivered, the product is faulty or we have breached a consumer guarantee). If you receive incorrect or damaged items, please notify us via email within 48 hours of receiving the goods and we will arrange for a replacement or refund.

PLEASE NOTE WE DO NOT OFFER REFUNDS OR EXCHANGES FOR CHANGE OF MIND, so please choose carefully.

3.6. Corked Wine

We understand on some occasions wine can contain ‘faults’. If you believe a wine you purchased is cork tainted (TCA) or oxidised, you must first return the mostly-full bottle to Botanical Hotel Winestore for assessment. Please note some wines may need to be returned to the original supplier for further testing. If determined to be defective, we will

provide a replacement, credit or refund and cover the cost of the return freight. Alternatively, you may arrange to drop off the bottle at our South Yarra location by contacting [email protected].

3.7. Old Wine

We meticulously inspect our wines to ensure we provide you with the most accurate description and as much information as possible when purchasing. Some of our wines are considered to be rare or back vintage, and while they have been kept in excellent cellaring conditions and monitored, we cannot guarantee old wines. The buyer must be aware there is risk involved with such items and accepts all losses incurring from purchasing a wine they find to be undrinkable or past its prime.

4. Risk and Title

You agree that risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).

You agree that title to the products you buy from us (and the place of our supply of those products to you) occurs at the place where we dispatch the products to your order. We do not supply alcohol to you at places which are not licensed under the alcohol licensing laws, even though such other places may be the delivery location. Immediately on us making a refund to you for any products in accordance with our terms, you agree that title in those products shall pass back to us.

5. Copyright & Intellectual Property

All content, including images and text, on this Website, belongs to us under the copyright laws of Australia, unless otherwise attributed. You may not, without our prior written consent, republish the content for any purpose.

6. Privacy

We take your privacy seriously. Any information provided through your use of the Website is subject to our Privacy Policy, which is available here.

7. General Disclaimer

Use of the Website and any of its products is at your own risk. Everything is provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors or our third-party content providers makes any express or implied representation or warranty about its content or any products or purchases referred to on the Website.

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. You acknowledge that from time to time we may remove the Website or cancel its services for indefinite periods, without notice to you.

8. Liability

You acknowledge that to the maximum extent permissible by law, we are not liable to you under any circumstances for any loss, damage or expense (including indirect or consequential, loss of opportunity or profits) you may incur from using our Website.

Subject to any terms implied by law which cannot be excluded, we and our directors, officers, employees, agents and contractors expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, arising out of or referable to our content or our Website (or material accessed via our Website), or to access of our Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liability imposed on us and our related bodies corporate, directors, officers, employees, agents and contractors, or implied into these Terms of Use under any law, are excluded.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Australian Consumer Law, our liability under the consumer guarantees that cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election and in our sole discretion):

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Australian Consumer Law or any other legislation which may not be excluded, restricted or modified by agreement.

9. Indemnity

You agree to indemnify us from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content obtained through the Website; any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.

10. Governing Law

These Terms are governed by the laws of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria.

11. Severability

If any of parts of these terms are deemed unlawful, void or for any reason unenforceable, then that provision may be severed from these terms and it will not affect the validity and enforceability of the remaining provisions.

12. Confidentiality

We do not guarantee that your use of this site will be confidential. We are not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this site. Any information that you disclose on this site:

13. Contact Information

Questions about the Terms & Conditions may be sent to us at [email protected].

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