TERMS OF USE

Metala Wines
Lake Plains Road Langhorne Creek SA 5255
Australia

Trading Name: Metala Wines Pty Ltd
ABN: 43 089 106 007
Phone: +61 8 8537 3182
Email: orders@metala.com.au

Mailing Address
Brothers in Arms
P.O. Box 840
Langhorne Creek SA 5255

Shipping Practice and Delivery Policy
Metala Wines uses Australia Wine Post for all wine deliveries in Australia. The Australia Post Wine deliveries are a road service. All orders are processed on Tuesday and Thursday and shipping commences on the same day. If required, we can supply our tracking number on request to enable the customer to follow their delivery. Delivery is between 9-5 pm Monday to Friday and we allow 2-4 working days from consignment.

FREIGHT COSTS
South Australia $13.00
Victoria $13.00
New South Wales/ACT $15.00
Queensland $18.00
Western Australia $19.50
Northern Territory $26.50
Tasmania $27.50

Delivery costs above are per boxed dozen or part thereof.
For orders over two dozen, there is a $25 flat-rate delivery charge.
For orders over three dozen - Shipping is free.

Transaction Currency
Australian dollar.

Service Policy
All orders are processed on Tuesday and Thursday and shipping commences on the same day. Delivery is between 9-5pm Monday to Friday and we allow 2 -4 working days from consignment. If an order can not be fulfilled then Metala Wines staff will advise the customer within two working days through their available contact method.

Export
Not Available - products are only shipped to addresses within Australia from the Metala Wines website. Please refer to our international Distributors on the Contact Us page for further information.

Disclaimer
If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is provided by metala.com.au. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability concerning the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own inquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website, you may be able to link to other websites that are not under the control of brothersinarms.com.au. We have no control over the nature, content, and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Metala Wines takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE
This website and its contents are the copyright of Metala Wines – © 2022. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. Anyone wishing to use the content on the website must ask for permission by emailing admin@metala.com.au Unless otherwise stated, copyright and other intellectual property rights in all material published on the site, including, but not limited to the textual material, artwork, photographs, computer software, audio, and visual elements shall belong to Metala Wines.

Terms of Use
metala.com.au will be referred to as ‘the website’ or ‘website’ in the contents of this document.

You must be at least 18 years of age to view or order wine from the website.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Metala Vineyard's relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to metala.com.au, and “You” and “Your” refers to you, the client, visitor, website user, or person using our website.

AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Metala Wines rights and obligations to each other.

LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that metala.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth),Metala Wines liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF PHYSICAL GOODS
Metala Wines uses Australia Post and/or other reputable courier companies to deliver physical goods.
Deliveries are processed promptly upon receipt of full payment. brothersinarms.com.au is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post or the courier company directly. Replacement of damaged or lost items is made at the discretion of Metala Vineyards.

RETURNS AND REFUNDS
Metala Wines handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly, and payment made by the same method that you made payment. Refund payments may take up to 7 business days to be received. Refunds are made at the discretion of Metala Wines.

Metala Wines will make arrangements with the purchaser and come to a specific arrangement as required. Where a product is no longer available a substitute product will be made available to the purchaser.

LINKS TO OTHER WEBSITES
metala.com.au may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between metala.com.au and the owners of those websites. metalas.com.au takes no responsibility for any of the content found on the linked websites.
Metala Wines' website may contain information provided by third parties for which Metala Wines accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER
To the fullest extent permitted by law, brothersinarms.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Metala Wines gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of metala.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY
At Metala Wines, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Metala Wines respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure serversMetala Wines secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Metala Wines collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES
Metala Wines does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION
Metala Wines may be required, in certain circumstances, to disclose information in good faith and where Metala Wines is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Metala Wines, its customers or third parties.

EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods, or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Metala Wines. Metala Wines expressly excludes and does not permit you to use or access its website, download any documents or information from its website, or obtain any such documents or information through a third party. If you breach this term then Metala Wines will hold you fully responsible for any loss that it might sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. brothersinarms.com.au reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

COPYRIGHT, TRADEMARK, AND RESTRICTIONS OF USE
This website contains material that is owned by or licensed to us. This material includes but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information, or materials on the website for sale or use by any third party. In particular, you are not permitted to republish, upload, transmit electronically, or otherwise distribute any of the materials, documents, or products that may be available for download from time to time on this website.
Metala Wines expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to local hard disk extracts for your personal and non-commercial use only, and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and brothersinarms.com.au concerning your use and access to the Metala Wines website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION
This agreement and this website are subject to the laws of SA and Australia. If there is a dispute between you and brothersinarms.com.au that results in litigation then you must submit to the jurisdiction of the courts of SA.

Privacy
At metala.com.au, we are committed to protecting your privacy as an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. Metala Wines respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy below carefully.

You may change your details at any time by advising us in writing via email. All information Metala Vineyards receives from its customers is protected by our secure server. Metala Wines secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

STORAGE AND SECURITY OF YOUR INFORMATION
We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with brothersinarms.com.au customer support or queries.
We may use personal information collected from you to provide you with direct marketing material, updates regarding our website, and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with us. However, if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned as soon as possible.
Individual profiles and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect Metala Wines copyright, trademarks, and other legal rights.
We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information that you volunteer to us to respond to visitor questions and comments about us and our products and services and to mail e-newsletters (“Personal Data”).
We will use all reasonable means to protect the confidentiality of your Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to Australian Privacy Laws. Please contact us if you require specific details.
Any non-personal information, communications, and material you send to this website or us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used, and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose, including developing, manufacturing, or marketing products.

COOKIES
A cookie is a small file placed in your web browser that collects information about your web browsing behavior. The use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address, or telephone number). Most web browsers automatically accept cookies, but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of a website.
Our website uses cookies to analyze website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third-party services such as Google Adwords. These ads may appear on this website or other websites you visit.

DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or response to a law enforcement agency request. Also, Metala Wines may use your Data to protect the rights, property, or safety of metala.com.au, its customers, or third parties.

Finally, if there is a change of control in one of our businesses (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. Finally, we would only disclose your information in good faith and where required by any of the above circumstances.

THIRD PARTIES
Metala Wines does not and will not sell or deal in personal or customer information. We will never disclose your details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property, or safety of Metala Wines, its customers, or third parties or if required by law.

We may however use it in a general sense without any reference to your name, or your information to create marketing statistics, identify user demands, and assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

SECURITY
Metala Wines strives to ensure the security, integrity, and privacy of personal information submitted to our website and periodically updates its security measures in light of current technologies.

LINKS
This website may contain links to other websites. These links are meant for your convenience only. Links to third-party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Metala Wines is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

CHANGE IN PRIVACY POLICY
As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.
If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us at admin@metala.com.au and we will respond within 48 hours.

Sales Information
The records are kept by Metala Wines for sales, shipping, and tax purposes only. If you have requested to receive information from Metala Wines this will either be via email or post. Your details may be supplied to a reputable telemarketing company to conduct a phone sales campaign on our behalf only. Your details will not be retained by that company after the campaign is completed.

Credit Card Details
Metala Vineyards does not store credit card details. The Metala Wines credit card processing facility is managed through Stripe. All forms in the shopping cart are secured by the use of SSL (Secure Socket Layer) technology.

Further information
Please send all your queries to liz@metala.com.au