Langmeil cellarium

Wine Storage Terms and Conditions

Customers storing wine with Langmeil Cellarium agree to the following terms and conditions and appoint Langmeil Winery to provide wine storage, collection, retrieval, delivery and other handling services (“storage services”).

1.      Registration

Before applying to use the Langmeil Cellarium, customers must be a registered user of www.langmeilwinery.com.au (“our website”). Once registered as a user of our website, customers can register for the Langmeil Cellarium via the on-line application or by completing an application form available from our Cellar Door.

When applying for the Langmeil Cellarium, customers shall submit all necessary information as specified on the application form. It is the responsibility of the customer to ensure their information is correct.

Once the customer’s registration has been received for the Langmeil Cellarium, Langmeil Winery will email the customer confirming the registration. 
 

2.      Customer Instructions

Langmeil Winery may rely on any instruction, commitments, notices or requests (“instructions”) of any person who is or is reasonably considered by Langmeil Winery to be a person designated or authorised by the customer to give such instructions. The customer authorises Langmeil Winery to accept and act upon all instructions without taking any further steps to verify the authenticity of such instructions or the authority of the person giving such Instructions. Langmeil Winery may at its absolute discretion refuse to act on any Instruction including, without limitation, where such Instructions are incomplete or ambiguous and or which are not in writing. Langmeil Winery shall be under no obligation to act on any cancellation or amendment of Instructions should the customer so request, although Langmeil Winery shall use its reasonable endeavours to act on requests from a customer for cancellation or amendment of such instructions before execution.

In respect of any instructions, the following provisions shall apply:

• The customer shall be responsible for the accuracy of all instructions.
• Instructions given to Langmeil Winery shall not take effect unless physically received by Langmeil Winery. 
• Instructions shall continue in full force and effect until cancelled or superseded.
• The customer is responsible for all instructions issued including those made via email or by telephone.  
   

3.      Goods

Langmeil Cellarium is only available to the selected wines offered by Langmeil Winery. 
 

4.      Storage

A minimum storage period of five (5) years applies. Storage fees are charged per case (whether this is a case of 6 or 12 bottles as described in the order page).

On the anniversary of the five (5) years, the customer will be contacted before the despatch of the wine and will be offered the option of receiving the wine from storage or rolling over the storage for another five (5) year period for an additional fee.

Storage fees are payable in advance at the commencement of each five (5) year storage plan.

Customers will receive an email confirmation of their order on completion of their online order through the website, and a copy will also be available in the order history of their online account.
 

5.      Early release of wine

The customer may request an early release of their wine held with Langmeil Cellarium. At least seven (7) business days’ notice within business hours of 9am to 5pm is required before the despatch of the wines.

An administration fee of $50 will be payable before the wines are released.

No refund or credit will be given to the customer if wine is removed from storage before the end of the agreed term of storage.
 

6.      Deliveries/Collections

Langmeil Winery will contact the customer at the end of the five (5) year storage agreement before the release of the wine.

It is the responsibility of the customer to notify Langmeil Winery five (5) working days in advance of any change to their delivery/collection address.

Standard delivery charges as specified on our website apply to deliveries.

Langmeil Winery should be notified in writing within 24 hours of receipt of delivery of any breakages or discrepancies; otherwise any breakage or discrepancy shall be deemed to have occurred after delivery.

In respect of all deliveries/collections arranged by Langmeil Winery, the following conditions shall apply:

• If the customer, or his/her appointed representative, is not available to receive the wines or is not able to present correct identification, Langmeil Winery reserves the right to decline delivery or decline the release of the wines.
• Langmeil Winery reserves the right to charge an additional fee if the customer or his/her appointed representative is not available to accept delivery or hand-over of goods for collection at the nominated delivery/collection time.

The customer warrants and undertakes that the customer is the legal and beneficial owner of the wines for collection by Langmeil Winery for storage under the storage services.
 

7.       Payment Terms

Storage fees are notified at the time of the offer and are payable in advance.
 

8.      Claims & Liability

Except to the extent that any loss or damage to the customer is incurred due to or arising from the wilful default of Langmeil Winery, its employees or agents, Langmeil Winery shall not in any circumstances be liable for any direct, indirect or consequential loss or damage to the customer or any third party for:

• any loss, damage, deterioration, misplacement, destruction, late delivery or non-delivery or unavailability (howsoever caused) of or to any bottles or cases of wines stored with Langmeil Winery by the customer;

Subject to subparagraph above, the liability of Langmeil Winery for any loss of or damage to any bottle or case of wine payable to the customer shall be limited to the market value of the current vintage.

Langmeil Winery shall not be liable for any loss or damage caused by or resulting from events beyond the control of Langmeil Winery, including but not limited to acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, or equipment failures or termination of Langmeil Winery’s lease of the warehouse premises (“force majeure event”).
 

9.      Insurance

A basic insurance policy is included in the price of all wine storage plans. This provides standard insurance coverage for “all risks” of accidental physical loss and or damage in respect of customer's goods while in Langmeil Winery’s custody or control, subject to standard policy terms and conditions.  Certain exclusions apply, including any loss and/or damage which (i) is attributable to wilful misconduct of, or any act of dishonesty committed by the customer, or arising from the deliberate act or omission of the customer (ii) is a consequence of war, invasion, act of foreign enemy, hostilities or acts of terrorism, or (iii) is due to contamination by nuclear radiations or other similar radioactivity or (iv) results in loss of electronic data arising from computer viruses or other similar causes.

Langmeil Winery's liability shall be limited to the market value of the current vintage. If the customer wishes to obtain additional protection, they may subscribe for extra insurance coverage themselves.

“All risks” cover is conditional upon the customer not breaching Langmeil Winery's payment terms. In the event of a breach of Langmeil Winery's payment terms “all risks” cover will automatically cease without any notice to the customer.
 

10.    General

Langmeil Winery may revise these terms and conditions at any time and shall notify customers by way of email, or by posting revised terms and conditions on the website.

In the event of any conflict or ambiguity between these terms and conditions and Langmeil Winery’s terms and conditions for online purchase, Langmeil Winery’s terms and conditions shall prevail.