Terms and Conditions

1. LEGAL

• It is against the law to sell or supply alcohol to or obtain alcohol on behalf of a person under the age of 18 years.
• By completing the order and offer to purchase the liquor, all the details you have provided are vouched true and correct. It is a condition of purchase that you verify that you are 18 years of age or over.
• If you do not verify that you are 18 years or older your order will not be processed.
• Delivery via Australia Post cannot be left at the door and must be signed for by a person able to verify that they are over 18 years of age.
• Your contract of sale is with Passing Clouds Pty Limited ABN 54292476090 under its Liquor Licence No. 32606072.
• The sale of liquor pursuant to the offer to purchase from the website is made at our licensed premises attached to Liquor Licence No. 32606072.
• Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

2. TERMS & CONDITIONS OF WINE CLUB MEMBERSHIP

• I authorise Passing Clouds to debit my credit card with the cost of my wine deliveries each order period
• I understand that I will receive pre-delivery notification by email of upcoming shipments up to four weeks in advance at which time I can elect to change the content of my delivery
• I understand that my selection of wines will be used as my preference for future deliveries and that vintages and prices may change and I will be notified in writing
• The wines I am purchasing are not for re-sale by a licenced person
• I am 18 years or older
• To accept delivery there must be a person 18 years or older present to sign
• Wine Club discounts will not apply in conjunction with other special offers unless specified
• Benefits can only be claimed on verification of my club membership details
• I must notify Passing Clouds in writing if I choose to withdraw from the Wine Club after the initial 12-month period

3. WINE CLUB AND NON-WINE CLUB ORDERS

• All prices include GST and are quoted in Australian dollars.
• Please feel free to select any of our wines as part of your order – either one variety or a mixed case.
• Passing Clouds currently ships within Australia only.
• Passing Clouds reserves the right without prejudice to its other rights under these Terms and Conditions or at law to cancel orders or to suspend deliveries until payment is made in full.
• Passing Clouds reserves the right to alter pricing of a product/products at any time at the sole discretion of the company. In the event that a system error occurs and pricing is displayed incorrectly, Passing Clouds reserve the right to alter pricing and quantity supplied to reflect the correct value.
• Passing Clouds reserves the right to refuse any order and to withdraw any wines or any range of wines from sale from time to time notwithstanding that such wines may be displayed on Passing Clouds website for purchase.
• You acknowledge that once an order is made it cannot be cancelled without the written consent of Passing Clouds and on terms whereby you indemnify Passing Clouds for any administration and financial costs incurred by it.

4. FREIGHT CHARGES FOR WINE CLUB MEMBERS

• Delivery is free of charge for Wine Club Members, except for Northern Territory and remote areas, which will incur additional freight fees and handling costs to those outlined. These will be determined prior to shipping. Please call us to enquire about costs if your location falls into this category.
• In circumstances where the delivery location is not covered by our standard freight service (for example external Australian territories and extremely remote locations), additional freight fees and handling costs to those outlined above will be incurred. Please call us to enquire about costs if your location falls into this category.
• Passing Clouds reserves the right to charge any freight and handling fee on any special orders. Passing Clouds reserves the right to change freight charges.

5. FREIGHT CHARGES FOR NON-WINE CLUB MEMBERS

• Victoria - $15 flat rate. 
• Rest of Australia - $25 flat rate.
• Orders greater or equal to $200 - free freight.
• Freight will be calculated at the time of invoicing.
• In circumstances where the delivery location is not covered by our standard freight service (for example external Australian territories and extremely remote locations), additional freight fees and handling costs to those outlined above will be incurred. Please call us to enquire about costs if your location falls into this category.
• Passing Clouds reserves the right to charge any freight and handling fee on any special orders. Passing Clouds reserves the right to change freight charges.

6. DELIVERY

• Please allow for up to 7 working days for your wine to be received after receiving confirmation of your order.
• If you have not received your wines in this timeframe, please contact us and we will trace your delivery.
• You are responsible for providing full and accurate delivery address, contact numbers and instructions. Re-delivery because of any failing in these aspects will be to your account.
• To ensure correct delivery – please be aware that if you are not available to receive delivery:
• Fastway will leave a card informing you of wines available for collection at your post office if there is no-one home to take delivery. Fastway will not leave the wines unattended as they follow responsible conduct law.
• Delivery times made known to you are estimates only and Passing Clouds is not liable for any late or non-delivery.
• Please allow up to 5 working days for capital city deliveries and up to 10 working days for regional areas, although we cannot be accountable for unusual delays by Australia Post.
• Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel an order.
• Without limiting the operation of any other Terms and Conditions herein,Passing Clouds will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
• Passing Clouds is not liable for any loss, damage or delay occasioned to you or any other person claiming through you arising from late or non-delivery of the wine ordered.
• Contact us:
• Passing Clouds
• P.O Box 517 Daylesford VIC 3460
• Phone: (03)5348 5550
• Email: office@passingclouds.com.au

7. RETURNS POLICY

• Should you receive a case of wine that appears to have been damaged in transit we will provide you a replacement, or an alternative product of equal value of your choice, or a full refund. Should you receive a product that is different to what you ordered then we will provide you a replacement (if product is available), or an alternative product of equal value of your choice, or a full refund. If you are dissatisfied with the product you received you can return them for a full refund (provided that at least 9 bottles from the case are returned to us in good condition), under the following circumstances:
• The un-opened wine bottles are returned within 7 days of opening any of the wine cases, and upon internal testing of the product by Passing Clouds it is deemed faulty or defective.
• We will refund your money when we receive the goods and we are satisfied that they are in original condition.
• You will need to supply the following information, most of which will be on your Invoice upon returning the product:
• Your Name and Contact Details
• The Invoice Number & Invoice Date
• Description of Product to be Returned
• The Reason for Return
• All returns are to be delivered to: Passing Clouds Pty Limited, PO Box 517 Daylesford VIC 3460. For enquiries contact us via office@passingclouds.com.au or (03) 5348 5550. We will bear the reasonable cost of returning goods that are defective, do not meet the product description or were sent in error. All other returns are at your expense.
• Damaged in transit
• In the event that you receive a product that appears to have been Damaged in Transit you should:
• Refuse to accept delivery of the product.
• Direct the Courier to Return Goods to Sender.
• Notify us immediately. Please contact us via office@passingclouds.com.au or (03) 5348 5550
• If you have already accepted delivery, and then notice that the product appears to have been damaged during transit you should notify us immediately, so we can process the return as “Damaged in Transit”.