- as a condition of using the Website;
- when contracting with Levantine Hill Estate or its associated entities (“LHE”); or
- when placing an order with LHE by any means (including, without limitation, the Website, telephone, email, facsimile or in person at the Cellar Door and Restaurant),
to comply with and be subject to all of the following terms, conditions and notices (“Terms and Conditions”).
“LHE” means LHE Sales Pty Ltd and 882 Hospitality Pty Ltd, their related bodies corporate and/or their authorised representatives.
“Terms and Conditions” means the terms and conditions set out in this agreement and as updated on the Website from time to time.
“Cellar Door and Restaurant” means the retail, food and beverage business carried on at 882 Maroondah Highway, Coldstream, Victoria.
LHE has made every effort to ensure the accuracy of the information contained on the Website. Information and data on the Website is subject to change without notice and its use, for whatever purpose, is at a visitor’s sole risk.
LHE makes no warranties or representations, either express or implied, as to the accuracy of the information and data on the Website. LHE reserves the right to withdraw or amend information, offers or services without notice.
LHE will not be liable if, for any reason, the Website is unavailable at any time for any period.
The content on the Website may be out of date, and LHE makes no commitment to update the content at the Website.
Information published at the Website may refer to products or services that are not available in your country.
TERMS OF SALE
By placing an order, you are offering to purchase a product or service on the following terms:
- - All orders are subject to availability and confirmation of the order price.
- - When placing an order with LHE, you warrant that all the details you have provided in completing the order are true and correct.
- - It is a condition of purchase that you are of the minimum age legally required to consume and purchase alcohol in accordance with the legal requirements of your country of residence.
- - LHE reserves the right to refuse any request made by you.
- - Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which LHE will not be responsible.
- - When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute LHE’s acceptance of your order. A contract between LHE for the purchase of the goods will not be formed until your payment has been approved by LHE and LHE has debited your credit card or has received payment from you.
- - LHE tries to ensure that all details, descriptions and prices are accurate, but errors (including processing errors) may occur. If LHE discovers an error in the price or payment of any goods which you have ordered, LHE will inform you of this as soon as practicable and give you the option of reconfirming your order at the correct price or cancelling it. If LHE is unable to contact you, it may in its sole discretion cancel the order or make a change to the order. If the order is cancelled and you have already paid for the goods, LHE will refund you for the goods.
- - Where applicable, prices are inclusive of GST.
- - Delivery costs may be charged, and such additional charges will be clearly displayed where applicable.
- - LHE reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
- - LHE reserves the right to refuse to fill any orders that you place based on information that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
RETURNS AND REFUNDS
LHE’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Returns will be accepted and refunds for the cost of products will processed on any wrongly described products returned to LHE within 7 days of purchase.
Please email us at email@example.com to do so. LHE will not return or exchange products for changes of mind.
SHIPPING AND HANDLING
LHE only delivers within Australia to destinations where Australia Post will deliver wine. Please allow up to 5 business days for shipping to Melbourne, Canberra, Queensland and Sydney, and more time for regional and other areas.
Despite its best efforts, LHE cannot guarantee your delivery times. These estimates are based on postal service and couriers’ delivery times only. These times do not include weekends, public holidays or any unforeseen circumstances. If you have any questions or concerns about delivery of your order, please contact us via email at firstname.lastname@example.org.
- 1. Certificates can be redeemed for merchandise only and not for cash.
- 2. Lost, stolen or destroyed certificates will not be refunded in cash or replaced.
- 3. Gift certificates that are purchased are valid for a maximum of 12 months from their date of issue.
- 4. Another certificate will not be issued for any unused balance in an under redemption.
- 5. Gift certificates are in Australian Dollars ($AUD) only.
- 6. Gift certificates cannot be used as payment online.
- 7. Gift certificates can only be used for purchases by retail customers.
- 8. Rewards cannot be earned when purchasing gift vouchers.
DISCLAIMER OF LIABILITY
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
- - you acknowledge that LHE does not make any warranties or representations as to the suitability of its Website, its Website’s contents, or any of its products or services;
- - the content of LHE’s Website and all content to or from which its Website is linked does not constitute advice and should not be relied on in making, or refraining from making, any decision;
- - LHE expressly excludes, to the fullest extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website, the subject matter of LHE’s agreement with you, or all content to or from which the Website is linked. This does not affect LHE’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law;
- - risk of loss of or damage to products appropriated to your order passes on shipping of those products, 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); and
- - where LHE refunds you the amount of your order as provided in your agreement with LHE (less any amount you have agreed LHE may deduct, for example the cost of delivery) you agree such refund is the total amount of LHE’s liability to you for all circumstances relating to the refund.
The intellectual property rights in all software and content made available to you on or through the Website remain the property of LHE or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by LHE and its licensors.
You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on the Website. You are not permitted to use any such content in connection with any business or commercial enterprise.
LINKING TO THE WEBSITE
You may link to LHE’s Website, provided you do so in a way that is fair, legal and does not damage LHE’s reputation or take advantage of it. In doing so, however, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on LHE’s part where none exists. LHE reserves the right to withdraw linking permission without notice.
You agree to indemnify LHE and each of its employees and agents from any claim, action, liability, loss, damage, cost or expense directly or indirectly arising out of, or relating to:
- your use of the Website;
- your failure to perform your obligations or improper performance of your obligations under LHE’s Terms and Conditions; or
- misuse of LHE’s products by you.
LHE has the right, in its absolute discretion at any time and without notice, to amend, remove or vary any of the contents of the Website.
If you breach LHE’s Terms and Conditions, failure by LHE to take action will not constitute a waiver of its rights and remedies arising from that breach. LHE fully reserves its rights to enforce its rights and remedies in relation to that breach or any other situation where you commit a breach of LHE’s Terms and Conditions. Any waiver of any provision of LHE’s Terms and Conditions will be effective only if it is in writing and signed by LHE, and is effective only to the extent set out in that written waiver.
GOVERNING LAW AND JURISDICTION
LHE’s Terms and Conditions are to be governed by and construed in accordance with the laws in force in the State of Victoria in Australia. You agree to submit to the exclusive jurisdiction of the courts in that state.
Part or all of any provision of LHE’s Terms and Conditions that is illegal or unenforceable will be read down or severed to the extent of the invalidity or unenforceability without affecting the continued operation of the remaining provisions of LHE’s Terms and Conditions.
LHE’s Terms and Conditions constitute the entire agreement between you and LHE. All prior discussions, undertakings, agreements, representations, warranties and indemnities in relation to that subject matter are replaced by LHE’s Terms and Conditions and have no further effect.
Members Terms and Conditions
In addition to LHE’s Terms and Conditions, individuals who join the Inner Circle (“Members”) agree to be legally bound by the following terms and conditions (“Member Terms and Conditions”).
“Benefit” means any benefit given to a Member.
“Inner Circle” means the loyalty program operated by LHE providing Members with access to exclusive benefits and rewards.
“Member” means any individual who joins the Inner Circle or Chairman’s List.
“Member Terms and Conditions” means the terms and conditions set out on this page and as updated on this page from time to time.
“Rewards” refer to rewards given to Members as a result of purchasing behaviours, incentives or promotions.
“Wine” means Levantine Hill Estate wine purchased from LHE for off-premise consumption.
The Member Terms and Conditions are to be read in conjunction with LHE’s Terms and Conditions. In the event of any inconsistency, LHE’s decision in its absolute discretion will be final and binding.
LHE’s decision in relation to all matters arising in relation to the Inner Circle is final and binding.
LHE may, in its absolute discretion, modify the Member Terms and Conditions at any time without notice. Despite anything to the contrary contained herein, any modification to the Member Terms and Conditions may be applied to a Member retrospectively.
LHE will not accept any liability for any email communication to any Member that is misdirected, lost or not received.
LHE will not be liable for any tax liability incurred by a Member in connection with the Inner Circle, including but not limited to a Benefit or Rewards.
LHE will not accept any liability for any technical issues that may cause damage to any computer related to or used in connection with LHE’s Inner Circle program.
- - An individual is deemed to be a Member of the Inner Circle when they sign up on the Website or via a document provided by LHE that provides for sign up to the Inner Circle.
- - Signing up to the Inner Circle is deemed acceptance by the Member of the Member Terms and Conditions.
- - Membership of the Inner Circle is only open to individuals with a valid email address and telephone number.
- - LHE reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend a Member at any time.
- - Members can only have one membership to the Inner Circle at any time.
- - LHE reserves the right, in its absolute discretion, to refuse or terminate a Member without prior notice or reason.
- - Membership of the Inner Circle is not transferable.
- - It is the responsibility of the Member to update LHE of the Member’s details.
- - A Member can at any time terminate their membership by providing written notice of their desire to LHE.
- - LHE reserves the right to vary the Benefits at any time and without notice.
- - Rewards are not earned on, nor can they be redeemed against, purchases of gift vouchers.
- - Reward cannot be used in conjunction with any other offer unless otherwise indicated.
- - At its sole discretion, LHE may update a Member account with a Reward as a consequence of a purchasing behaviour, incentive or promotional activity.
- - LHE will notify a Member in writing of their entitlement to any Rewards.
- - LHE reserves the right to withdraw, cancel or vary the Rewards without notice and at any time.
- - If a Member is terminated from the Inner Circle, all outstanding and future Rewards become null and void as at the date the Member’s membership is terminated.
- - Rewards cannot be sold, transferred or assigned and are not redeemable for cash or any other similar instruments (including, without limitation, gift vouchers, cheques and credit notes).
- - Rewards can only be redeemed with LHE directly.
- - Rewards can only be redeemed in Australian dollars ($AUD).
- - LHE reserves the right, in its absolute discretion, to exclude certain products, services and promotions from being redeemed by using Rewards.
- - Rewards cannot be earned using other Rewards in a transaction.
- - All Rewards have an expiry date, after which they will no longer be available for redemption. LHE reserves the right to change the expiry date of any Reward at any time without prior notice.
- - Only one Reward from one Member can be presented per transaction.
- - LHE will not be held responsible or liable if Rewards cannot be redeemed for any reason whatsoever (such as a technical failure or LHE employees or agents failing to or not being available to process the redemption).
- - If a customer is entitled to return or refund a purchase that has previously earned a Reward, LHE will process the return or refund and the Member agrees to forfeit any Reward earned on the initial purchase.
MEMBER BENEFITS AND REWARDS
Becoming a Bronze Member
A Member is eligible to become a Bronze Member when they purchase a minimum of one dozen bottles of Levantine Hill Estate wine within a 12 month period (excluding refunds, and after all applicable Rewards have been redeemed and all discounts on products have been applied within a one year period).
Bronze Member spend is reviewed every 12 months from the date that Bronze status was achieved. To maintain Bronze status, the Member must purchase at least one dozen bottles of Levantine Hill Estate wine in each 12 month period following the date Bronze status is achieved.
A Bronze Member receives a 10% discount on all wine purchases from LHE and free delivery anywhere Australia Post delivers wine in Australia.
LHE reserves the right to change, without notice, the Rewards and Benefits associated with Bronze Member status at any time.
Becoming a Silver Member
A Member is eligible to become a Silver Member when they purchase more than $1,200 worth of Levantine Hill Estate wine within a 12 month period (excluding refunds, and after all applicable Rewards have been redeemed and all discounts on products have been applied within a one year period).
Silver Member spend is reviewed every 12 months from the date that Silver status was achieved. To maintain Silver status, the Member must purchase more than $1,200 worth of Levantine Hill Estate wine in each 12 month period following the date Silver status is achieved.
A Silver Member receives a 10% discount on wine purchases from LHE, free delivery anywhere Australia Post delivers wine in Australia and a $50 ezard @ Levantine Hill voucher to spend.
LHE reserves the right to change, without notice, the Rewards and Benefits associated with Silver Member status at any time.
Becoming a Gold Member
A Member is eligible to become a Gold Member when they purchase more than $2,400 worth of Levantine Hill Estate wine within a 12 month period (excluding refunds, and after all applicable Rewards have been redeemed and all discounts on products have been applied within a one year period).
Gold Member spend is reviewed every 12 months from the date that Gold status was achieved. To maintain Gold status, the Member must purchase more than $2,400 worth of Levantine Hill Estate wine in each 12 month period following the date Gold status is achieved.
A Gold Member receives a 12.5% discount on all wine purchases from LHE, free delivery anywhere Australia Post delivers wine in Australia, complimentary wine tastings at LHE’s cellar door (excluding Family Block wines), and a $100 ezard @ Levantine Hill voucher to spend.
LHE reserves the right to change, without notice, the Rewards and Benefits associated with Gold Member status at any time.
Becoming a Member of the Chairman’s List
A Member that purchases over $5,000 worth of Levantine Hill Estate wine within a 12 month period (excluding refunds, and after all applicable Rewards have been redeemed and all discounts on products have been applied within a one year period) will be considered for waitlisting or invitation to the Chairman’s List. Entry into the Chairman’s List is at the sole discretion of LHE.
A Chairman’s List Member receives a 15% discount on all wine purchases from LHE, free delivery anywhere Australia Post delivers wine in Australia, complimentary wine tastings at LHE’s cellar door, and a $250 ezard @ Levantine Hill voucher to spend.
Reservations Terms and Conditions
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions:
“Company” means 882 Hospitality Pty Ltd (trading as Ezard at Levantine Hill) and each of its related entities (in accordance with the definitions in the Corporations Act 2001).
“Function” means an event with the Company for 20 or more guests.
“Function Reservation” means a reservation for an event with the Company for 20 or more guests.
“Terms” means these terms and conditions.
“You” means the person making a reservation with the Company.
In these Terms, unless the context requires otherwise, the headings are used for convenience only and do not affect the interpretation of these Terms; the word "person" includes a natural person and any body or entity whether incorporated or not; the singular includes the plural and vice versa; and the meaning of general words is not limited by specific examples introduced by "including", "for example" or similar expressions.
2.1 Signature Restaurant
You must secure reservations in the Signature Restaurant using credit or debit card details.
The Company will not debit anything from your card at the time of your reservation. If you cancel or reduce the size of your reservation, you must contact the Company at least 24 hours prior to your reservation or the Company will charge a $100AUD per person cancellation fee to the card provided.
2.2 All Day Dining
You must secure online reservations in All Day Dining using credit or debit card details.
You must secure reservations of six or more people in All Day Dining using credit or debit card details.
The Company will not debit anything from your card at the time of reservation. If you cancel or reduce the size of your reservation, you must contact the Company at least 24 hours prior to your reservation or the Company will charge a $50AUD per person cancellation fee to the card provided.
Minimum spends apply to reservations of more than 20 people or exclusive use of the Company’s venue.
2.3 Private Dining Room (Storrier Room)
The Storrier Room, which seats up to 22 people, has minimum spends and reservations are treated in accordance with clause 3. Please speak to the Company’s Reservations Coordinator for more information regarding minimum spends and Function options.
2.4 Helicopter reservations
(a) Flights and costs are subject to availability, confirmed passenger and baggage weights.
(b) Flights are subject to weather conditions on the day of travel.
(c) Flight and tour durations are estimates and may be affected by weather, air traffic control and other conditions on the day.
(d) Passenger carrying charter flights are conducted under day VFR rules and are limited to daylight operations only.
(e) The Company reserves the right to cancel or postpone flights due to weather, safety or operational necessity. Safety is our primary consideration in all operations. In the event of a cancellation by the Company, no charge will be made to You.
(f) The following charges apply to cancellations and flight rescheduling by You:
(i) More than 7 days’ notice: Nil charge
(ii) Less than 7 days’ notice: 50% charge of full fare
(iii) Less than 24 hours’ notice: 100% charge of full fare
(iv) More than seven days’ notice: Nil charge
(v) Less than seven days’ notice: $50 per booking
(vi) Less than 24 hours’ notice: $100 per booking
(g) In the event that a booking is made with the Company and the passenger(s) fail to arrive at the nominated date and time without having contacted the Company, You will be charged in full.
(a) This clause 3 applies to all Functions and Function Reservations.
(b) To make a Function Reservation, you must pay the Company:
(i) 25% of the minimum spend at the time the Function Reservation is made; and
(ii) the remaining minimum spend balance 14 days prior to the Function.
(c) Deposits are non-refundable and non-transferable to other dates or venues. Once a deposit is paid, you can only transfer the function date with the approval of The Company.
(d) Tentative Function Reservations will only be held for seven days. The Company reserves the right to cancel a tentative Function Reservation if it has not received your deposit within seven days of the tentative Function Reservation being made.
(a) You must pay the Company the remaining minimum spend balance 14 days prior to the Function. Payment must be made in cash, by approved credit card or by electronic funds transfer.
(b) If payment is not made under clause 3.2(a), the Company may cancel your Function and all moneys paid by you (including the deposit) will be forfeited to the Company.
(c) You may order more drinks on the day or evening of your Function which must be paid for at the conclusion of the Function.
(a) You must provide notice of cancellation of a Function Reservation in writing. As soon as a Function Reservation is made, the Company incurs administrative fees and other costs.
(b) Deposits are non-refundable and are wholly forfeited by you to the Company, unless:
(i) the Function Reservation is cancelled more than 30 days prior to the Function Reservation, in which case the Company will refund 25% of the deposit paid;
(ii) the Function Reservation is cancelled more than 60 days prior to the Function Reservation, in which case the Company will refund 50% of the deposit paid.
(c) If you cancel a Function Reservation 72 hours prior, you must pay the Company within 14 days of receipt of an invoice:
(i) 100% of the minimum spend of the Function; and
(ii) disbursements referred to in paragraph 3.5(b); and
(iii) any reasonable costs incurred by the Company for specialised produce, wine furniture, or other items ordered specifically for your Function.
(d) The Company may terminate its contract with you and cancel the Function Reservation if you breach these terms and conditions, if there is an actual or reasonable likelihood of an occurrence threatening loss of life, injury or danger to persons or destruction of or damage to any property, or if you go into liquidation, bankruptcy, have a receiver, manager, administrator or similar officer appointed to you or are otherwise unable to pay your debts as and when they fall due.
3.4 Final Guest Numbers
(a) You must give the Company final guest numbers at least 14 days prior to a Function Reservation. This guest number forms the basis for the minimum number of guests for which you will be charged.
(b) If your final guest numbers fall below this number, the Company is not obliged to reimburse you. You must inform the Company of any increase in guest numbers immediately and, in any event, at least three days prior to your function date
(c) You must pay the Company for additional guests at the time of confirmation of attendance.
3.5 Minimum Spend
(a) Minimum food and beverage spends apply for all reservations of 20 or more guests. The minimum spend is the amount committed to for food and beverage only. If the minimum spend is not met on the date of the Function, the difference will be charged as room hire. For the avoidance of doubt, the minimum spend cannot be redeemed at a later date.
(b) Additional items (e.g. flowers, furniture removal, storage, styling, and equipment hire) requested by you are charged in addition to the minimum spend. These fees, expenses and other charges that the Company incurs on your behalf are referred to as disbursements
(c) The Company will charge you at cost for any disbursements it incurs on your behalf. You must pay reasonable disbursements, including GST, incurred by the Company on your behalf either on demand, prior to the commencement of the Function or at the immediate conclusion of the Function. The Company may also request that it be provided with payment in advance of it incurring a disbursement on your behalf.
3.6 Function Duration
(a) Lunch Functions are based on a duration of 4 or 5 hours and may commence from 11:00am.
(b) Dinner Functions are based on a duration of 5 hours and may commence from 6:00pm.
(c) The Company reserves the right to remove you and any attendees at your Function from the Company’s property outside of these times.
(d) If a Function extends beyond the confirmed finish time, you are liable to pay $1,000 per hour or part thereof.
(e) Function conclusion times and service must comply with liquor and planning laws. All extensions are at the discretion of the Company.
Standard venue cleaning is included in the cost of a Function. You may incur additional charges where a Function has created additional cleaning that is considered, in the opinion of the Company, to be over and above standard cleaning.
Prices quoted in advertising material are subject to alteration depending upon final selection. The Company will inform you of any alterations to prices.
(a) There is a 10% surcharge on public holidays and a 15% surcharge on public holidays for exclusive use hire.
(b) The Company reserves the right to not accept large bookings on public holidays
THE ENTERTAINMENT BOOK
The Entertainment Book card discount is not applicable on public holidays and the following days: Christmas Eve, New Year's Eve, Valentine's Day, Easter Saturday, Easter Monday, Mother's Day and Father’s Day.
FOOD AND BEVERAGE
Menus and beverage lists the Company may provide are samples only and are subject to change without notice.
While the Company will endeavour to accommodate requests for special meals for customers who have food allergies or intolerances, the Company cannot guarantee completely allergy-free meals. This is due to the potential of trace allergens in the working environment and supplied ingredients.
7.2 Cakes and Cakeage
(a) If sourced externally, a cakeage charge of $10 per person applies for the Company to cut and serve your cake to guests.
(b) If externally sourced cake is served on platters with tea and coffee, the cakeage charge is $5 per person.
(c) All cakes must come from a commercial supplier. No other external food may be brought to the Company’s premises and consumed without the Company’s written approval.
You are responsible for the behaviour of your guests. You indemnify the Company and each of its officers, employees and agents from any loss or claim directly or indirectly arising out of
(a) any personal injury, illness or death to any person, or damage to any property or another other loss or damage of any kind caused or contributed by or connected with the conduct of you or your guests;
(b) any injury to or death of any person or any damage to or loss of property connected with the conduct of you or your guests,
except to the extent that any liability, loss or damage is caused by the Company’s wilful misconduct or gross negligence.
8.2 Goods and Services Tax (GST)
All prices quoted are inclusive of GST
8.3 Other bookings
The Company reserves the right to take other bookings on the same table(s) to be used for your reservation on the condition that those other guests vacate up to a half hour prior to your scheduled reservation time.
8.4 Laws and Regulations
Reservations and Functions are subject to council planning and liquor licencing restrictions, but as a general guide must conclude by 11 pm.
8.5 Force Majeure
Where a force majeure event or a similar circumstance beyond the Company’s reasonable control prevents or delays the Company from performing an obligation in respect of the function and/or under these Terms, that obligation is suspended for so long as the force majeure continues and the delay or failure to perform will not be a breach of the Company’s obligations to you.
8.6 Paramountcy of Terms
If these Terms conflict with any other document, agreement or arrangement, these Terms prevails to the extent of the inconsistency.
These Terms may not be amended or varied unless the amendment or variation is in writing signed by the parties.
Part or all of any provision of these Terms that are illegal or unenforceable will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.
8.9 Governing Law
These Terms will be governed by and construed in accordance with the laws in force in the State of Victoria and each party submits to the exclusive jurisdiction of the courts of that State