conditions & privacy
Disclaimer: The information contained in this website is for the purpose of providing general information and links for your own interest, PORT WILLUNGA FINE FOODS & GIFTWARE has no responsibility for the content of any other site.
We will endeavor to keep information up to date and in no event will PORT WILLUNGA FINE FOODS & GIFTWARE be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with the use of this website. Our website and services provided to you on and through our website are on as "AS IS" basis, We agree that as the owners of our website we exclusively reserve the right, at any time and without notice and any liability to you, modify or discontinue our website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
Terms and Conditions
Definitions: PORT WILLUNGA FINE FOODS means trading as PORT WILLUNGA FINE FOODS & GIFTWARE ABN: 28632448949 "Customer", means the customer identified on the order form "Contract" means any and all agreements between PORT WILLUNGA FINE FOODS & GIFTWARE and the Customer whereby PORT WILLUNGA FINE FOODS & GIFTWARE agrees to supply the Customer with goods/products/services"Goods" means the goods in the subject of the Contract The Terms and Conditions of Sale shall apply to the supply of goods by PORT WILLUNGA FINE FOODS & GIFTWARE to the Customer and shall prevail over any terms and conditions contained in the purchase order, invoice or other similar documents.
Payment
Unless otherwise agreed to the contrary in writing, delivery shall be made by PORT WILLUNGA FINE FOODS at the Customer's instructions by such transport at PORT WILLUNGA FINE FOODS discretion. The Customer must notify PORT WILLUNGA FINE FOODS in writing within seven (7) days of delivery if the Customer claims that the Goods were defective, short delivered or otherwise not the Goods specified with in the Contract. If the customer fails to notify PORT WILLUNGA FINE FOODS as set out in this clause, then to the fullest extent permitted by law the Goods must be treated as having been accepted by the Customer, to the fullest extent permitted by law, PORT WILLUNGA FINE FOODS will be discharged from any liability in respect of the Goods being wrong or defective or short delivered. Every effort will be made to deliver the Goods within the time or times agreed upon, but any time quoted for delivery is an estimate only and failure to deliver by that time will not constitute a breach of the Contract. PORT WILLUNGA FINE FOODS will not be liable for any loss or damage howsoever arising as a result or consequence of any delay in delivery or any failure to deliver. The Customer will not be relieved of any obligation to accept or pay for the Goods by reason of any delay in delivery. Delivery will occur when the Goods are first left with the Customer or at the Customer's premises or at any other place nominated by the customer and agreed by PORT WILLUNGA FINE FOODS. PORT WILLUNGA FINE FOODS will not be required to obtain the Customers' signature as proof of delivery. All risks in the Goods passes to the Customer upon delivery notwithstanding that property shall remain with PORT WILLUNGA FINE FOODS until the Goods are paid for. Insurance against all risks whatsoever shall be maintained by the Customer from delivery PORT WILLUNGA FINE FOODS accepts no responsibility for loss, damage or non-delivery caused by acts of God, acts of government, strikes, and lockouts or other industrial disturbances, acts or public enemy, blockades, wars, insurrections or riots, epidemics, landslides, fires, storm, floods, explosions or any other circumstances and caused beyond the direct control of PORT WILLUNGA FINE FOODS
Indemnity
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand including reasonable attorneys fees, that may be made by any third party, that is due to or arising out of your violation of this Terms of Use or any other violation of the rights of another person or party.
Privacy
The Customer hereby authorizes PORT WILLUNGA FINE FOODS to collect, retain, record, use and disclose personal information about the Customer, in accordance with the Privacy Act 1988, to persons and/or legal entities who are a solicitor or any other professional consultant engaged.
We may collect the following information: name, mailing address, contact information including email address, phone number, postcode, choice of products/service and any other information relevant to customer surveys.