Terms & Conditions
Page Index  

Legal Information

Table of Contents

1. Interpretation

2. The Agreement

2.1 What is the Agreement?

2.2 When the Agreement is formed

2.3 Each Order is a separate agreement

2.4 Account set-off terms

3. Customer Application

3.1 Application to be completed

3.2 Set up costs

3.3 Delivery area

4. Purchase Orders & Delivery of Goods

4.1 Orders

4.2 Delivery of the Goods

4.3 Authorized receipt of Goods

4.4 Service Fee

4.5 Change of Delivery address

4.6 Miscalculation on web site of Delivery Fee

4.7 Delivery Time Frames

5. Risk & Title

5.1 Risk and Title

5.2 Returns or Refunds

6. Price of Goods & Payment

6.1 Price of Goods

6.2 Variation

6.3 Method of payment

7. Out of Stocks & Substitution

7.1 No credits

7.2 Substitution policy

8. Packaging & Labelling of Goods

9. License

10. Intellectual Property Rights

10.1 Acknowledgment

10.2 Acknowledgment

11. Liability

11.1 Agreement

11.2 Agreement

11.3 Agreement

12. Security

13. Notification of Changes

14. Confidentiality of Your Information

15. Termination

16. Notices

17. Miscellaneous

17.1 Provisions are severable

17.2 The Australian State of Queensland Liquor Law

18. International Agreement

18.1 International Agreement

Legal Information

Castle Glen Australia Pty Ltd apologizes for the extent and the proportion of formality in respect to this document. Please read this document and its entirety carefully. We are providing a service to the community, with it comes obligations, which requires implementation of rules and regulations, we ask that you adhere to these rules and regulations to provide proper care of the consumption of alcohol within the community. Your use of www.castleglenaustralia.com will constitute your agreement to comply with these rules.

Seller is defined as Castle Glen Australia Pty Ltd and/or Castle Glen Liqueurs Australia Pty Ltd; and

Purchaser is defined as ‘YOU’.

This Agreement is a contract between ‘You’ and Castle Glen Australia Pty Ltd, ACN 117 662 709.

Persons under 18 years of age are not permitted to place orders or purchase alcohol.

This agreement sets out the terms and conditions under which you may purchase products online from Castle Glen Australia Pty Ltd.

Please read the following terms and conditions carefully before placing your order on www.castleglenaustralia.com.

By completing the customer application process and using www.castleglenaustralia.com service, ‘You’ agree to be bound by the terms and conditions of this Agreement.

Table of Contents

1. Interpretation
2. The Agreement
3. Customer's application
4. Purchase orders & delivery of Goods
5. Risk & Title
6. Price of Goods & payment
7. Out of stocks & substitution
8. Packaging & Labelling of Goods
9. License
10. Intellectual Property Rights
11. Liability
12. Security
13. Notification of changes
14. Confidentiality of your information
15. Termination
16. Notices
17. Miscellaneous
18. International Agreement

1. Interpretation

In these Conditions:

"Agreement" means an agreement between ‘You’ the consumer and Castle Glen Australia Pty Ltd to supply Goods. The Agreement consists of the Order and these Conditions.

“Castle Glen Australia” hereby means ‘Castle Glen Australia Pty Ltd.

www.castleglenaustralia.com means the website owned and run by Castle Glen Australia Pty Ltd, including any other domains such as www.castleglenliqueurs.com.

"Conditions" means these Conditions and any agreed written variations.

"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.

"Goods" means Goods described in an Order and includes packaging.

"Intellectual Property Rights" Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.

"Order" means an order by ‘You’ to purchase Goods from Castle Glen Australia.

"Product List" means the list of Goods displayed on the Castle Glen Australia Website as amended from time to time.

"Delivery Fee" means the fee payable to Castle Glen Australia in respect of delivery of the Goods and handling costs associated with processing your order as advised by Castle Glen Australia Pty Ltd.

2. The Agreement

2.1 What is the Agreement?

The entire agreement between ‘You’ and Castle Glen Australia for the purchase of Goods by ‘You’ from Castle Glen Australia is:

(a) these Conditions; and (b) the terms of the Order.

2.2 When the Agreement is formed

An agreement exists between ‘You’ and Castle Glen Australia once Castle Glen Australia receives and accepts an order at its licensed premises. No obligation to sell or supply the Goods will arise until the order is received and accepted at licensed premises. Castle Glen Australia is authorized to unconditionally appropriate the liquor to the order at the licensed premises on acceptance of the Order.

2.3 Each Order is a separate agreement

2.4 Account off-set terms (also see Table of Contents 2. The Agreement subset!)

If ‘You’ owe money to Castle Glen Australia under one agreement, Castle Glen Australia may set that money against any money that ‘You’ owe to Castle Glen Australia under another agreement. If Castle Glen Australia owes money to ‘You’ under one agreement Castle Glen Australia may off-set that money against any money that it owes ‘You’ under another agreement.

3. Customer Application

3.1 Application to be completed

‘You’ must complete a customer application before placing an Order for Goods on Castle Glen Australia ‘You’ warrant that all information and data provided by ‘You’ in the customer application is accurate, complete and up to date. ‘You’ will promptly inform Castle Glen Australia if there is any change to this information or data.

3.2 Set up costs

‘You’ are responsible for any costs associated with accessing the Castle Glen Australia site and placing orders for Goods on Castle Glen Australia including any Internet provider fees.

3.3 Delivery area

In order to purchase Goods from Castle Glen Australia, the Delivery Address that ‘You’ nominate will need to be within an area where Castle Glen Australia provides delivery services. Castle Glen Australia will advise ‘You’ if the delivery address which ‘You’ nominate is not in the delivery area where Castle Glen Australia delivers goods. Castle Glen Australia will not be obliged to continue to deliver Goods to ‘You’ if ‘You’ change your delivery address and the new delivery address which ‘You’ nominate is not in an area within which Castle Glen Australia delivers goods.

4. Purchase Orders & Delivery of Goods

4.1 Orders

You can place an Order on www.castleglenaustralia.com by selecting ‘Shopping Cart’, selecting the items and the quantity of your items and then selecting the "Check out" button. Orders will be deemed to have been received by Castle Glen Australia at the time of successful transmission of the Order.

4.2 Delivery of the Goods

Castle Glen Australia will deliver the Goods to ‘You’ at the specified delivery address in the agreement. Castle Glen Australia may obtain authorization via fax or e-mail transmission to deliver goods to the address supplied without obtaining a receipt of goods delivered, if instructed to do so by the authorized purchaser, ‘You’. Castle Glen Australia, and all couriers, delivery companies acting for and behalf of Castle Glen Australia, will take all care and reasonable precautions to ensure the Order is delivered correctly and in good condition. Castle Glen Australia will take no responsibility for incorrect delivery details provided by ‘You’ or any liability for goods not received at the delivery address upon correct receipt of delivered Order.

4.3 Authorized receipt of Goods

Anyone at the Delivery Address who receives the Goods shall be presumed by Castle Glen Australia to be authorized to receive the Goods. Castle Glen Australia may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age and sign his/her name for receipt of receiving the Goods. Castle Glen Australia, (persons acting on behalf of Castle Glen Australia Pty Ltd, in capacity of delivery courier) will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years of age. If the Order specifies special instructions for delivery then Castle Glen Australia and it's subsidiary companies will adhere to those specific instructions to its ability within the bounds of legal and ethical ramifications. Castle Glen Australia accepts no responsibility for incorrect delivery of goods due to unlawful use of credit card, payment details. It is the Purchasers (‘You’), responsibility that credit details and pass-codes are kept private and confidential to prevent any unlawful use.

4.4 Service Fee

If required by Castle Glen Australia ‘You’ shall pay to Castle Glen Australia the Service Fee (or such other fee as may be specified by Castle Glen Australia) in respect to each Order.

4.5 Change of Delivery address

If ‘You’ the consumer fails to notify Castle Glen Australia of changes to current delivery address upon receipt of goods, Castle Glen Australia is not to be responsible for incorrect delivery of Goods. ‘You’ then are liable for all costs, return of Goods, transportation, and refunding of delivered Goods.

4.6 Miscalculation on web site of Delivery Fee

If the calculation of the delivery fee is insufficient to cover the actual delivery charges that would be charged to Castle Glen Australia, by its suppliers, then Castle Glen Australia is not obligated to fulfil your order. Where Castle Glen Australia chooses not to absorb the additional delivery fee, Castle Glen Australia will notify you that the postage calculations are different from real costs and offer you the option of paying the difference and going ahead with the order. You may choose to proceed and pay the higher delivery fee or cancel the order.

4.7 Delivery Time Frames

All delivery time frames quoted on this web site are a guide only and actual delivery times may vary. While we will undertake to deliver goods ordered in a prompt and timely fashion, we take no responsibility for delays in delivery caused by our suppliers. By ordering on this site you acknowledge that a risk exists that an order will not be delivered within the time frame quoted.

5. Risk & Title

5.1 Risk and Title

Risk in the Goods passes to ‘You’ upon delivery of the Goods to the Delivery Address.

5.2 Returns or Refunds

If at any time ‘You’ are not satisfied with the quality of the Goods ‘You’ have purchased, You may call the Castle Glen Australia on +61 7 4683 2363 and a Castle Glen Australia representative will assess ‘Your’ request for a credit, replacement or refund of the purchased damaged or incorrect product.

6. Price of Goods & Payment

6.1 Price of Goods

Subject to clause 6.2 the price ‘You’ shall pay for the Goods shall be the price specified on the Product List. ‘You’ also agree to pay the Delivery and Handling Fee in respect of each Order.

6.2 Variation

Castle Glen Australia prices are subject to variation on a daily basis. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.

6.3 Method of payment

(a) Payment upon Delivery of Goods. You shall pay for the Goods at the time of sending your order. You may use your credit card (Bankcard, MasterCard, Visa Card and American Express Card). You can direct deposit the payment for the order into our bank account. Please contact us for details. www.castleglenaustralia.com will only accept cash payments at our Cellar Door or official outlets.

7. Out of Stocks & Substitution

7.1 No credits

Castle Glen Australia will not provide credits in respect of Goods ordered by ‘You’.

7.2 Substitution policy

Castle Glen Australia will use its best endeavors to ensure that all Goods ordered by ‘You’ (and any agreed substitutes) are supplied to ‘You’.

8. Packaging & Labelling of Goods

Castle Glen Australia aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product list may differ from the Goods actually supplied to ‘You’. Castle Glen Australia does not warrant the accuracy of the information contained in the Product List and recommends that ‘You’ read the labels on Goods carefully before consuming the Goods. All information, labeling, text, graphics, pictures, logos, and any other form of advertising including bottles and company logos are deemed public assess and are available to consumers from product bottle descriptions and merchandise readily available upon purchase of the respective product. Castle Glen Australia accepts no liability for incorrect information or picture graphics supplied. Information of products is not private. Companies associated with marketing and distribution of products that are listed and represented on www.castleglenaustralia.com grant Castle Glen Australia the unrestricted right to use, reproduce, modify, translate, transmit and distribute any information or material ‘You’ supply or communicate to the Service via e-mail, company profiles, wine information notes, media and advertising publications made free and accessible in any medium now in existence or hereafter developed, for any purpose, including commercial uses.

9. Licence

‘You’ are licensed to install www.castleglenaustralia.com on your computer for ‘Your’ use in purchasing Goods from Castle Glen Australia. ‘You’ acknowledge that you are not permitted to make any other use of or copyright information, text, or graphics from www.castleglenaustralia.com unless given prior written authorization by Castle Glen Australia Pty Ltd.

10. Intellectual Property Rights

10.1 Acknowledgment

You acknowledge that Castle Glen Australia and its related companies own or are licensed to use all Intellectual Property Rights in www.castleglenaustralia.com (including, but not limited to, any images, photographs or text, which appears on the site). ‘You’ agree that ‘You’ will make no representation to the contrary, and that ‘You’ must not use or copy www.castleglenaustralia.com in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.

You agree to indemnify Castle Glen Australia and its affiliates, employees, satellite cellars, outlets, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys' fees) that may arise from your submissions, and from your unauthorized use of material obtained through www.castleglenaustralia, from your breach of this Policy, or from any such acts arising through your use of www.castleglenaustralia.com.

10.2 Acknowledgment

You acknowledge that any trademarks or logos which appear on the www.castleglenaustralia.com site are owned by or licensed to Castle Glen Australia or its related corporations, and that ‘You’ must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

11. Liability

11.1 Agreement

You acknowledge that www.castleglenaustralia.com is provided "as is site" and that Castle Glen Australia is not making and has not made any warranty or representation as to www.castleglenaustralia.com’s suitability for any particular purpose. You agree that in using www.castleglenaustralia.com ‘You’ are not relying on any statement or representation made by Castle Glen Australia which is not expressly contained in this Agreement.

11.2 Agreement

You agree that any liability of Castle Glen Australia arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to ‘You’ through use of www.castleglenaustralia.com (other than a condition or warranty implied by legislation which does not permit Castle Glen Australia 's suitability to be limited as stated in this clause 11.2) will, at the election of Castle Glen Australia be limited to: (a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and (b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

11.3 Agreement

‘You’ agree that the entire risk arising out of installation, down loading, use or performance of www.castleglenaustralia.com remains with ‘You’. To the extent permitted by law, ‘You’ release and discharge Castle Glen Australia Pty Ltd and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Castle Glen Australia Pty Ltd or this Agreement, including, without limitation, loss or damage caused by the negligence of Castle Glen Australia Pty Ltd or its related corporations.

12. Security

‘You’ agree to take responsibility for the safekeeping of your credit details and pin codes. ‘You’ are liable if any unauthorized person/s use your Credit Card and pass words or pass codes. You agree to release and indemnify Castle Glen Australia in relation to any liability arising out of the unauthorized use of your credit card and pass words or pass codes.

13. Notification of Changes

Castle Glen Australia may add to, delete, or otherwise change any of the terms of this Agreement by giving ‘You’ notice as provided in clause 16. Your use of the www.castleglenaustralia.com services after notice will constitute your deemed acceptance of such changes.

14. Confidentiality of Your Information

Castle Glen Australia reserves the right to disclose information regarding Castle Glen Australia members and use of the www.castleglenaustralia.com service to third parties providing that the information will not specifically identify ‘You’ or any personal information supplied by ‘You’.

Castle Glen Australia also reserves the right to disclose information regarding Castle Glen Australia members and use of the www.castleglenaustralia.com service, including personal information if we consider it necessary to comply with law or to protect the rights and property of Castle Glen Australia or others.

15. Termination

Castle Glen Australia may terminate this Agreement at any time by delivering notice (as specified in clause 16) or by sending ‘You’ a system message, (e-mail notification) advising that your shopping privileges have been removed. If this occurs, please contact Castle Glen Australia on +61 7 4683 2363. Termination of this Agreement shall be effective on the day notice is received and recorded or such later date as specified in the notice.

16. Notices

Castle Glen Australia may give notice to ‘You’ by electronic mail or by conventional mail to your address contained in the membership registration information, provided by ‘You’. ‘You’ may give notice to Castle Glen Australia by electronic mail to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

17. Miscellaneous

17.1 Provisions are severable

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

17.2 The Australian State of Queensland Liquor Law

The Australian State of Queensland Liquor Law applies to Castle Glen Australia Pty Ltd and www.castleglenaustralia.com.

18. International Agreement

18.1 International Agreement

The minimum legal drinking age refers to the minimum age at which beverage alcohol can be consumed. This may be different from the minimum age at which beverage alcohol can be purchased. Some countries, including New Zealand and Indonesia, focus their legislation solely on the legal age of purchase of beverage alcohol, and do not address a minimum age for consumption. The Table provided is a summary of current age limits for purchasing and consuming alcohol beverages in countries where information is available. Please consult this table in relation to your Country of origin and adhere to the legal age requirements of each individual International Laws, representing your Country. The states in the United States (31 of 50 states) have laws that prohibit or limit the consumption of beverage alcohol for those individuals under 21.

Malaysia, South Korea, and Ukraine have a national minimum drinking age of 21.

Austria, Belgium, France, Italy and Spain have a minimum drinking age of 16. Japan and Iceland have a minimum drinking age of 20. Canada, has minimum drinking age laws which are legislated by each province, two provinces set the consumption age at 19 and the others at 18, please consult your province laws governing the legal limit for consumption of alcohol in Canadian territory.

Information provided by Castle Glen Australia and it's associated Companies and Directors, Management and Staff relating to national laws, generally apply to drinking age limits for venues outside the home, such as taverns, bars, restaurants, night-clubs and similar establishments. Typically, these laws make no reference to alcohol consumption in the home. Castle Glen Australia and it's associated Companies, Directors, Management and Staff take no responsibility for consumption of alcohol in the home under the direction of Individuals, Parents and minors, Guardians, Legally Court appointed Guardians and the person's responsible for the premises at time of consumption of alcohol on said premises.

United Kingdom laws stipulates and legislates a minimum consumption age in the home; "alcohol may be consumed from age 5 with parental consent."

Country Drinking Age:
On premise
Purchasing Age:
Off premise
Notes
Albania None None  
Algeria 18 18  
Argentina 18 18  
Australia 18 18  
Austria 16/18 (see notes) 16/18 (see notes) For distilled spirits, the age limit is 16 in three Federal States and 18 in six Federal States (there are nine Federal States in Austria). However, some Federal States differentiate by alcohol content, rather than by beverage type. Thus, drinks with an alcohol content of 12% ABV or more can only be consumed by individuals aged 18 and over, which therefore includes some wines and all mixtures containing spirits (e.g., alcopops, cocktails).
Azerbaijan 18 18  
Bahamas 18 18  
Belarus 18 18  
Belgium 16 beer and wine.
18 for spirits.
16 beer and wine.
18 for spirits.
 
Belize 18 18  
Bolivia 18 18  
Botswana 18 18  
Brazil 18 18  
Brunei Illegal Illegal  
Bulgaria 18 18  
Burundi 16 16  
Cambodia None None  
Cameroon 18 21  
Canada 18/19 (see notes) 18/19 (see notes) 18 in Manitoba, Alberta and Quebec. 19 in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Ontario, Prince Edward Island, Saskatchewan, and Yukon.
Cape Verde 18 18  
Central African Republic 18 18  
Chile 18 18  
China, People’s Republic of 18 18  
China, Republic of (Taiwan) 18 18  
Colombia 18 18  
Comoros None None  
Congo, Republic of 18 18  
Costa Rica 18 18  
Croatia 18 18  
Cyprus 17 17  
Czech Republic 18 18  
Denmark 18 16  
Dominican Republic 18 18  
Ecuador 18 18  
Egypt 18 for beer.
21 for wine and spirits.
18 for beer.
21 for wine and spirits.
 
El Salvador 18 18  
Equatorial Guinea None None  
Eritrea 18 18  
Estonia 18 18  
Ethiopia 18 18  
Fiji 21 21  
Finland 18 18  
France 16, but
18 for spirits.
16, but
18 for spirits.
 
Gabon None None  
Gambia Illegal
(18 for 5% non-Muslim population)
Illegal
(18 for 5% non-Muslim population)
 
Georgia 16 16  
Germany 16 for beer and wine. 18 spirits. 16 for beer and wine. 18 spirits.  
Ghana None None  
Greece 17 None  
Guatemala 18 18  
Guinea-Bissau None None  
Guyana 18 18  
Hungary 18 18  
Iceland 20 20  
India 18 to 25, depending on state. 18 to 25, depending on state.  
Indonesia 21 21  
Ireland 18 18  
Israel 18 18  
Italy 16 16  
Jamaica None 16  
Japan 20 20  
Kazakhstan None 18  
Kenya 18 18  
Korea, Republic of (South Korea) 19 19  
Kyrgyzstan None None  
Latvia 18 18  
Lesotho 18 18  
Libya Illegal Illegal  
Lithuania 18 18  
Luxembourg 16 None  
Malawi 18 18  
Malta 16 16  
Mauritius 18 18  
Mexico 18 18  
Micronesia 21 21  
Morocco None 16  
Mozambique 18 18  
Namibia 18 18  
Netherlands 16, but 18 for spirits that have an ABV of over 15%. 16, but 18 for spirits that have an ABV of over 15%.  
New Zealand 18 18  
Nicaragua 19 19  
Niger 18 18  
Nigeria 18 18  
Norway 18, but 20 for spirits defined as 22% ABV. 18, but 20 for spirits defined as 22% ABV.  
Pakistan Illegal
(21 for non-Muslim population)
Illegal
(21 for non-Muslim population)
 
Palau 21 21  
Panama 18 18  
Papua New Guinea 18 18  
Paraguay 20 20  
Peru 18 18  
Philippines 18 18  
Portugal 16 16  
Russia 18 18  
Samoa 18 18  
Seychelles 18 18  
Singapore 18 18  
Slovenia 18 18  
Solomon Islands 21 None  
South Africa 18 18  
Spain 18 (16 in Asturias) 18 (16 in Asturias)  
Sri Lanka 18 18  
Swaziland 0 18  
Sweden 18 20, but 18 for beer with ABV of 3.5% or less  
Switzerland 16/18, depending on the canton, for beer and wine. 18 in all cantons for spirits. 16/18, depending on the canton, for beer and wine. 18 in all cantons for spirits.  
Thailand 18 18  
Togo None None  
Tonga 18 None  
Trinidad and Tobago 18 18  
Turkey 18 18  
Turkmenistan 18 18  
Uganda 18 18  
Ukraine 18 18  
United Kingdom 18 (see notes) 18 Beer and wine can be purchased on premise at 16 years of age if with a table meal and when accompanied by an adult aged 18 years or over.
United States 21 21  
Uruguay 18 18  
Vanuatu 18 18  
Venezuela 18 18  
Zambia 18 18  
Zimbabwe 18 18  

Source: ICAP Reports 4, January 2009. For further information on this program, contact The Portman Group, 2d Wimpole Street, London, W1M 7AA, UK.

The laws of Queensland, Australia govern this Agreement.

If you don't agree to the terms contained in this Policy, please exit Castle Glen Australia's website now.


If you have any questions or concerns about this Agreement please contact us for more information.
 
Copyright © 2010 ~ Castle Glen Australia Pty Ltd