- 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.
“Website” means www.levantinehill.com.au
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 for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss of damage whatsoever if, for any reason, the Website is unavailable at any time for any period, you lose data or lose profits arising out of, or in connection with the use of this Website. Any reliance you place on such information is therefore strictly at your own risk.. The content on the Website may be out of date, and LHE makes no commitment to update the content at the Website. The information provided on this Website is subject to change at any time without notice. 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 are not provided for a change of mind.
You agree that all implied conditions and warranties on the part of LHE in relation to any goods or services to be supplied by LHE hereunder are excluded to the maximum extent permitted by law.
Subject to any non-excludable rights conferred on you by Australian Consumer Law and other legislation, no claims in respect of any goods or services supplied by LHE shall be recognised by the LHE unless made in writing and notified by you to LHE within 7 days of delivery of the goods or the supply of the services to you.
LHE accepts no liability for loss of or damage to goods in transit unless you:
(a) retain for inspection all packaging materials relative to damaged goods;
(b) endorse any delivery documents with details of any obvious loss or damage, and
(c) notify LHE and any independent carrier in writing of any claim for loss or damage before the expiry of three days after delivery.
Please email us at email@example.com to do so.
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.
If you fail to take delivery of products or services from LHE that you purchased or ordered, LHE reserves the right to charge expenses incurred as a result of such failure.
- 1. Certificates can be redeemed for goods and services only, 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 3 years from their date of issue. Exceptions to the expiry date apply to gift certificates that are not purchased. The 3-year expiry date for gift certificates operates absolutely. For the avoidance of doubt, the expiry date will not be extended in the event of the restaurant or cellar door closing, or any other frustrating event, as the gift certificate can be used for wine purchases via telephone or email.
- 4. Another certificate will not be issued for any unused balance on a gift certificate.
- 5. Gift certificates are in Australian Dollars ($AUD) only and cannot be redeemed outside of Australia.
- 6. Where the price of goods or services being purchased with the gift certificate exceeds the gift certificate balance, you must pay the amount exceeding the gift certificate balance by an alternative method accepted by LHE.
- 7. Gift certificates cannot be used as payment online.
- 8. Gift certificates can only be used for purchases by retail customers.
- 9. Rewards cannot be earned when purchasing gift vouchers.
- 10. In relation to certificates for experiences, you acknowledge that:
- a. experiences advertised by LHE involve third party suppliers are subject to the third party suppliers altering the advertised experience in their discretion;
- b. redemption of the experience is subject to availability;
- c. redemption of the experience is subject to weather, safety, or operational requirements of LHE.
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.Through this website you may be able to link to other websites which are not under the control of LHE. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
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 our loyalty program (“Members”) agree to be legally bound by the following terms and conditions (“Member Terms and Conditions”).
“Benefit” means any benefit given to a Member.
“Loyalty Program” means the wine loyalty program operated by LHE providing Members with access to exclusive benefits and rewards. Sometimes the Loyalty Program is referred to as the "Inner Circle".
“Member” means any individual who joins the Mailing List, Inner Circle, Chairman’s List or Optume Circle.
“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 wine purchased from LHE for off-premise consumption or consumption at LHE’s cellar door and restaurant.
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 Loyalty Program 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 Loyalty Program, 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 Loyalty Program.
- - An individual is deemed to be a Member of the Loyalty Program when they sign up on the Website or via a document provided by LHE that provides for sign up to the Loyalty Program.
- - Signing up to the Loyalty Program is deemed acceptance by the Member of the Member Terms and Conditions.
- - Membership of the Loyalty Program 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 Loyalty Program 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 Loyalty Program 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 Loyalty Program, 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 Mailing List Member
A Member is eligible to become a Mailing List Member when they sign up on the Website or via a document provided by LHE that provides for sign up to the Loyalty Program.
LHE reserves the right to change, without notice, the Rewards and Benefits associated with the Mailing List Member status at any time.
Becoming an Inner Circle Member
A Member is eligible to become an Inner Circle Member when they purchase more than $2,500 worth of Wine within a calendar year (excluding refunds, and after all applicable Rewards have been redeemed and all discounts on products have been applied within that calendar year).
Inner Circle Member spend is reviewed every calendar year from 1 January of that year. To maintain Inner Circle status, the Member must purchase more than $2,500 worth of Wine in each calendar year.
An Inner Circle Member receives a 10% discount on take-home Wine purchases from LHE.
Becoming a Member of the Chairman’s List
A Member that purchases over $10,000 worth of Wine within a calendar year (excluding refunds, and after all applicable Rewards have been redeemed and all discounts on products have been applied within that calendar year) 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 take-home Wine purchases from LHE and a $500 annual dining credit to be used at LHE’s cellar door and restaurant.
Becoming a Member of the Optume Circle
A Member that purchases over $20,000 worth of Wine within a calendar year (excluding refunds, and after all applicable Rewards have been redeemed and all discounts on products have been applied within that calendar year) will be considered for waitlisting or invitation to the Optume Circle. Entry into the Optume Circle is at the sole discretion of LHE.
An Optume Circle Member receives a 15% discount on all take-home Wine purchases from LHE and a $2,000 annual dining credit to be used at LHE’s cellar door and restaurant.
Reservations Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions:
Company means 882 Hospitality Pty Ltd (trading as Levantine Hill) and each of its related entities (in accordance with the definitions in the Corporations Act 2001);
a) an event with the Company for 20 or more guests; or
b) any event with the Company that requires a Minumum Spend.
Function Reservation means a reservation for an event with the Company for 20 or more guests;
Loss means a damage, loss, cost, expense or liability incurred by the person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent;
Minimum Spend means the Company’s stipulated minimum food and beverage spend for a Function or Function Reservation, as set by the Company from time to time.
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 Lunch Reservations
You must secure reservations 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 $75AUD 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.
2.2 Wine Tasting Reservations
a) You must secure wine tasting reservations using credit or debit card details.
b) 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 $30AUD per person cancellation fee to the card provided.
c) Wine tastings for ten or more guests must be paid for at least 3 days in advance of the tasting date in accordance with the following:
|At least $40 per guest (e.g. 50 ml wine flight each).
|20 + pax
|At least $75 per guest (e.g. 50 ml wine flight with snacks for $75, or 50 ml wine flight for $40 and $35 towards wine purchase).
2.3 Private Dining Space
The Storrier Room is an adaptable semi-private space that can seat between 18-50 people (if merged with our Levant space). This space attracts a Minimum Spend and reservations are treated in accordance with clause 3. Please speak to the Company’s Reservations Coordinator for more information regarding Minimum Spends, Function options and maximum guest capacities.
2.4 Barrel Hall
If you visit or hire the Barrel Hall in the Winery for a tour or Function, You are not permitted to touch or make contact with the wine barrels under any circumstances. You must also ensure the same of your guests, whose conduct you are responsible for.
2.5 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.
2.6 Helicopter Reservations
(a) We reserve the right to require You to secure helicopter reservations using credit or debit card details.
(b) Flights and costs are subject to availability, confirmed passenger and baggage weights.
(c) Flights are subject to weather conditions on the day of travel.
(d) Flight and tour durations are estimates and may be affected by weather, air traffic control and other conditions on the day.
(e) Passenger carrying charter flights are conducted under day VFR rules and are limited to daylight operations only.
(f) 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.
(g) 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 7 days’ notice: Nil charge
(v) Less than 7 days’ notice: $50 per booking
(vi) Less than 24 hours’ notice: $100 per booking
(h) 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.
2.7 Hotel Partnership Reservations
(a) Accommodation is subject to availability of the requested night of the stay.
(b) You must secure your hotel and lunch reservation using credit or debit card details. The Company will not debit anything from your card at the time of your reservation.
(c) The following charges apply to cancellations and rescheduling by You:
(i) More than 7 days’ notice: Nil charge
(ii) Less than 7 days’ notice: $150 per person
(iii) Less than 48 hours’ notice: $325 per person
(iv) More than 72 hours’ notice: Nil charge
(v) Less than 48 hours’ notice: $325 per booking
(d) In the event that a booking is made with the Company and the guests fail to arrive at the nominated date and time without having contacted the Company, You will be charged in full.
(e) Accommodation stays and bookings are subject to the hotel partner’s terms and conditions.
(a) This clause 3.1 applies to all Functions and Function Reservations.
(b) To make a Function Reservation, you must pay the Company 25% of the minimum spend at the time the Function Reservation is made.
(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) Upon paying a deposit, you accept the Terms in this document.
(e) Tentative Function Reservations will only be held for seven days, after which time the Company will cancel the Function Reservation if both a signed copy of the Terms and the deposit have not been received.
(a) Payment to the Company must be made in cash, by approved credit card or by electronic funds transfer.
(b) You must pay the remaining balance of the Minimum Spend or forecasted Function Reservation spend (whichever is greater) at least 14 days prior to the Function.
(c) If payment is not made under clause 3.2(b), the Company may cancel your Function and all moneys paid by you (including the deposit) will be forfeited to the Company.
(d) 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) You acknowledge that deposits are non-refundable and forfeited by you to the Company. In addition to deposits, some payments and/or liabilities are immediately due and payable to the Company by you when the following applies:
|Cancellation prior to Function Reservation
|More than 90 days prior
|$300 administration fee.
|More than 60 days prior
|50% of the deposit.
|More than 30 days prior
|75% of the deposit.
|Less than 2 weeks prior
|• 100% of the deposit; and
• Cancellation fee equivalent to 50% of total estimated food and beverage charges (based on final numbers provided).
|Less than 1 week prior
|• 100% deposit;
• 75% of the estimated food, beverage charges (based on final numbers provided);
• any disbursements referred to in paragraph 3.5(b); and
• any reasonable costs incurred by the Company for specialised produce, wine, furniture, or other items ordered specifically for your Function.
(c) 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.
(d) If the Company believes that any Function or Function Reservation will give rise to a material adverse impact on the Company, its reputation or its commercial viability, it reserves the right to cancel the Function Reservation at its discretion with seven days’ notice and without liability.
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 or for exclusive use of a space. 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 hours and may commence from 11:00am.
(b) Dinner Functions are based on a duration of 5 hours and may commence from 6:00pm. Events must conclude by 11pm.
(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 commences prior to the times in clause 3.6(a) or 3.6(b), you will be charged $2,000 per additional hour or part thereof.
(e) If a Function extends beyond the confirmed finish time, you are liable to pay $2,000 per hour or part thereof.
(f) Function conclusion times and service must comply with liquor and planning laws. All extensions are at the discretion of the Company.
3.7 Function Detail
You must confirm with the Company all Function details including, but not limited to, menu and beverage selections, table plan, running sheet, set up details, and sub-contractors to be approved by the Company:
not less than 14 days before your Function:
(i) final food and beverage selections. If beverage selection is not received, the Company will determine beverage served at your function;
(ii) final number of guests;
(iii) dietary requirements;
(iv) running order;
(v) room set up details and floor plan;
(vi) table and seating plan; and
(vii) sub-contractor contact details.
not less than 7 days before your Function:
(i) details of any delivieries; and
(ii) final guest list.
3.8 Exclusive venue hire inclusions - Cellar Door and Restaurant
If you hire the Cellar Door and Restaurant venue for a Function on an exclusive basis, the Company will provide you with the following items based on the Company’s standard styling and branding.
(a) Access to the venue from 4.00 pm on the day of your Function, for set up.
(b) Cutlery, crockery and glassware.
(c) Table linen and napkins (standard white already used by the Company).
(d) Function tables and chairs (standard from Company’s own stocks).
(e) Gift table (provided your guest numbers and floor plan allow for this).
(f) Cake table and cutting knife (for weddings).
(g) Cutting and serving of the cake on shared platters.
(h) Non-personalised menus.
(i) Listing of preferred supplies.
(j) Dedicated wedding day coordinator (for weddings).
The expense of any variations to this offer must be borne by you.
3.9 Exclusive venue hire inclusions - Winery
If you hire the Winery venue for a Function on an exclusive basis, the Company will provide you with the following items based on the Company’s standard styling and branding.
(a) Access to the front of house areas from 9am for suppliers on the day of your Function.
(b) Cutlery, crockery and glassware for a maximum of 200 guest (standard from the Company’s own stocks).
(c) Cutting knife (for wedding cakes). Including cutting and serving of the cake on shared platters.
(d) One space that can be used as a bridal suite/ supplier room.
(e) Listing of preferred suppliers.
(f) Dedicated functions coordinator for the day of your event (6 hours prior to event to oversee set up).
The ceremony may start at 5pm. The ceremony fee of $2,500 includes the following:
(a) Up to 180 uniform chairs from Company stocks.
(b) Clothed signing table and chairs.
(c) Dedicated staff assistance for the wedding party.
(d) Access to parts of the grounds for photography.
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.
Children must be supervised by a parent or guardian who takes sole responsibility for the child's safety at all times.
3.13 Car Parking
The Company is not responsible for damage and/or loss of your property and/or belongings in any of the Company’s car parks.
You must seek permission from the Company to use the legal trading names of the Company and/or logo in print and/or audio visual display. All proposed artwork must be authorised and approved by the Company in writing prior to publication.
3.15 Displays and Signage
Freestanding signage must be kept to a minimum and must be approved by the Company. Signage or display material must not to be nailed, screwed, stapled or adhered to any surfaces of the Company’s venues. Signage may only be displayed within the event space and in no common areas of any of the venues.
3.16 Deliveries and Storage
(a) You must pre-arrange any delivery to the venue in advance within the bump in times provided by the Company and ensure it is marked with the function name and date of the function. rdinator for the day of your event (6 hours prior to event to oversee set up).
(b) The Company will only accept Function deliveries on site the day prior to a Function.
(c) You must arrange collection of delivered items on the day or by 11 am on the day following the function.
(d) You must provide notification of deliveries at least 48 hours prior to the delivery. The Company staff may move client deliveries.
(e) The Company will not accept any responsibility for damage or loss of merchandise left at its venue(s) prior to, during or after the Function. Goods left with the Company without prior arrangement will be deemed abandoned.
(f) A labour charge of $500 applies for any out of ordinary moving of furniture that you require the Company to remove/set up. Examples include, but are not limited to, setting up and removing outdoor furniture.
Prices quoted in advertising material are subject to alteration depending upon final selection. The Company will inform you of any alterations to prices.
All package pricing is subject to an annual price increase of 3% on 1 July of each year. The Company will inform you of any alterations to prices over and above this annual increase.
5. PUBLIC HOLIDAYS
(a) There is a 15% surcharge on public holidays.
(b) The Company reserves the right to not accept large bookings on public holidays.
The use of pyrotechnics, fire works, or any type of display involving fire or flames is not permitted anywhere on the Company’s premises.
7. 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 $5 per person applies for the Company to cut and serve your cake to guests on sharing platters.
(b) 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 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.
8.4 Joint and Several Liability
If more than one person or entity signs the event order or Function Reservation documentation issued by the Company, the promises, representations or warranties given by two or more persons are given to the Company jointly and severally.
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.
The Company and You agree that any dispute which arises in any way whatsoever out of or in connection with these Terms or Your reservation or any claim made by You for any Loss arising out of or in connection with these Terms or Your reservation shall, to the extent that a formal claim is made or proceedings are issued, be made or issued in either the Magistrates’ Court of Victoria or the County Court of Victoria. For the avoidance of doubt, the parties acknowledge and agree that any formal claim made or proceedings issued which is or are in any way whatsoever related to these Terms or Your reservation, will not be made or issued in the Victorian Civil and Administrative Tribunal.
8.11 Costs of Disputes
The Company and You agree and acknowledge that the purpose of clause 8.10 is to ensure that in any future dispute between the parties which arises out of or in connection with these Terms, including any claim made by You for any Loss arising out of or in connection with these Terms, if a determination of the dispute is made by a judicial officer, the party against whom the determination is made (losing party) is to pay the costs of the party in favour of whom the determination is made (winning party). For the avoidance of doubt, this clause applies even if the relevant claim is filed in the Victorian Civil and Administrative Tribunal. In that case, the parties agree and acknowledge that if a claim is filed in and determined by the Victorian Civil and Administrative Tribunal, the losing party will completely indemnify the winning party in respect of all of their legal costs associated with that claim.
Direct Debit Request Terms and Conditions
“agreement” means these Direct Debit Terms and Conditions that you agree to
“quarterly allocation fee” means the fee payable for the automatic allocation of wines in June, September, December and March each year.
“bank” means a corporation authorised by law to carry on the general business of banking in Australia where you hold the account that you have authorised us to arrange to debit.
“business day” means a day on which Banks are open for general banking business in Melbourne, excluding Saturdays, Sundays and public holidays.
“credit card” means the credit card from which we are authorised to arrange for funds to be debited from.
“debit day” means the day that payment by you to us is due.
“debit payment” means a particular transaction where a debit is made.
“direct debit” request means the Direct Debit Request between us and you.
“recurring order” means an order placed by you on our website for products to be delivered at your desired interval.“us” or “we” or “our” means Levantine Hill Estate (being LHE Sales Pty Ltd or 882 Hospitality Pty Ltd, their related bodies corporate and/or their authorised representatives), the debit user you have authorised by signing a direct debit request.
“you” means the customer who signed the direct debit request.
1. DEBITING YOUR CREDIT CARD
1.1 By agreeing to these Direct Debit Terms and Conditionsyou have authorised us to arrange for funds to be debited from your credit card.
1.2 We will only arrange for funds to be debited from credit card for payment of the quarterly allocation fee or recurring order as requested by you.
2. CHANGES BY US
2.1 We may vary any details of these Terms and Conditions or a direct debit request at any time by giving you at least 14 days’ written notice.
3. CHANGES BY YOU
3.1 Subject to 2 and 3.3, you may change the arrangements under a direct debit request by contacting us via email at email@example.com or by logging in to your customer portal at www.levantinehill.com.au.
3.2 If you wish to stop or defer a debit payment you must notify us in writing at least seven business days before the next debit day. This notice should be given to us in the first instance, completed via your customer portal at levantinehill.com.au, and/or arranged through your bank or credit card provider.
3.3 You may also cancel your authority for us to debit your credit card at any time by giving us 14 business days’ notice in writing before the next debit day. This notice should be given to us in the first instance, completed via your customer portal at levantinehill.com.au, and/or arranged through your bank or credit card provider.
4. YOUR OBLIGATIONS
4.1 It is your responsibility to ensure that there are sufficient clear funds available in your credit card to allow a debit payment to be made in accordance with the direct debit request.
4.2 If there are insufficient clear funds on your credit card to meet a debit payment:
(a) you may be charged a fee and/or interest by your bank or credit card provider;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account or on your credit card by an agreed time so that we can process the debit payment.4.3 You should check your credit card statement to verify that the amounts debited from your credit card are correct.
4.4 If we are liable to pay goods and services tax (GST) on a supply made in connection with this agreement, then you agree to pay us on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
5.1 If you believe that there has been an error in debiting your credit card, you should notify us via email at firstname.lastname@example.org and confirm that notice in writing with us as soon as possible so that we can resolve your query.
5.2 If we conclude as a result of our investigations that your credit card has been incorrectly debited, we will respond to your query by refunding your credit card (as applicable). We will also notify you in writing of the amount by which your credit card (as applicable) has been adjusted.
5.3 If we conclude as a result of our investigations that your credit card has not been incorrectly debited, we will respond to your query by providing you with reasons and any evidence for this finding.
5.4 Any queries you may have about an error made in debiting your credit card should be directed to us in the first instance so that we can attempt to resolve the matter between us and you. If we cannot resolve the matter you can still refer it to your bank or credit card provider which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.
6.1 We will keep any information in your direct debit request We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
6.2 We will only disclose information that we have about you:
(a) to the extent specifically required by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
7.1 If you wish to notify us in writing about anything relating to this agreement, you should email email@example.com.
7.2 We will notify you by sending a notice via email or in the ordinary post to the address you have given us in the direct debit request.
7.3 If sent by post, any notice will be deemed to have been received two business days after it is posted