This is the website of JA Investments (NSW) Pty Ltd trading as La Sila Wines and La Sila Homestead (“La Sila”).  The ensuing terms govern the use of this website.

Acceptance of terms

1.          In navigating and using the website, you have agreed to these terms. The terms may be varied from time to time. You hereby accept any variation of the terms. You should check the site regularly to view the latest terms.

2.          You must be of legal drinking age (in the jurisdiction you reside, and in Australia over 18 years old) to access this website.

(a)     You may :

(i)                 view the website;

(ii)                make a printed copy; and/or

(iii)               download part or all of the website onto the local hard drive of the computer used to access this site, only for the purposes of personal use, information, research, or study. 

(b)     Other than as set out in 2(a) above, you must not reproduce, copy or download any information on the website without La Sila’s express written consent.

(c)     You must not use the website for any illegal purposes or in a way which is inconsistent with these Terms. You access and use the website at your own risk.

Copyright

3.          Copyright in all materials appearing on our website is property of La Sila (unless stated otherwise) and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or for any purpose expressly permitted by La Sila.

4.          La Sila does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.

5.          La Sila has no liability to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of the website and material remains with you. You also waive any and all claims that you may have against La Sila otherwise arising out of or in connection with your use of this website. 

Privacy policy

6.          La Sila Wines is committed to maintaining the privacy and confidentiality of your personal information. We will adhere to the National Privacy Principles (NPPs) when collecting, using, disclosing, securing and providing access to personal information. 

7.          We endeavour to take all reasonable steps to protect your personal data, but cannot guarantee the security of any data you disclose online. By supplying us with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold La Sila responsible for any breach of security unless arising directly from any negligent or reckless act on our part.

8.          Individuals have a right to request access to personal information that we hold about them. If you believe that your personal information that we hold about you is not accurate, you may request that we correct it.

Confidentiality

9.          La Sila reserves the right to disclose information regarding users of the La Sila wine and accomodation service to third parties, provided that the information does not specifically identify you or any personal information supplied by you. We will never sell or trade your personal information to third parties. 

Ownership of material on this website

10.       You acknowledge that all material on this website is owned by La Sila, or used by La Sila under licence from third parties. You must not do anything which is inconsistent with these rights of ownership. 

11.       In particular, certain trademarks, logos and images appear on this website. These Images belong to La Sila or third parties to La Sila and are protected by intellectual property law.

12.       Nothing on the website shall be construed to grant a user any license or right of use of any of the trademarks, logos and images without the express written permission of the owners of those trademarks, logos and images. 

Links

13.       You acknowledge that any links to third party website found on this website have been provided for your convenience. The provision of these links is not an endorsement of the third party website by La Sila. 

14.       It follows that La Sila is not responsible for the content, access, reliability, function or condition of any third party website nor content viewed or relied upon, or,  goods or services ordered. You access and use third party website via the La Sila website at your own risk. 

Use of the La Sila e-Commerce store

15.       It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. If we have reason to believe that a person ordering wine is not 18 years of age or older, we reserve the right to refuse the order. 

16.       If you purchase products from La Sila, you warrant to us that: 

(a)   you are over the age of 18 years; and 

(b)   any person that you are obtaining the products for, or supply the products to, is over the age of 18 years 

17.       Agreement between you and La Sila for the supply of goods purchased from the e-Commerce store only comes into existence when La Sila accepts your order. La Sila will notify you of acceptance. No obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract. 

18.       We will usually despatch your order via Fastway within 24 hours, however if goods are unavailable delivery may take longer. Standard delivery takes between 2 and 10 days for delivery within Australia and up to 3 weeks for overseas. Due to its consumable nature, wine cannot be returned for refund.

19.       Anyone at the nominated delivery address who receives the goods shall be presumed by La Sila as authorised to receive the goods. Risk and title in the goods pass to you on delivery of the goods to the nominated delivery address. 

20.       Error or omissions in the pricing or description of our goods may happen from time-to-time. We exercise best endeavours to correct any issues as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove any information related to Goods for sale (including the Goods themselves).

21.       The Family and Friends discount is only available to customers who are provided a code. The discount is only available on selected full priced items and not combinable with any other offers or discounts. La Silas’ prices and offers are subject to change and can be withdrawn at any time without notice. The price payable for the goods is the price applicable on the date when La Sila confirms your order.

22.       La Sila uses PayPal for any online payments. Otherwise you can pay directly through your bank account by Electronic Funds Transfer (“EFT”). All online payments including credit card transactions performed on this site using PayPal are secured payments. Payments are fully automated with an immediate response. Your complete credit card number cannot be viewed by La Sila or any outside party. For information about PayPal visit www.paypal.com.au

Booking La Sila Homestead

23.       All bookings for the Homestead are managed through Weekenda via the following link: https://www.weekenda.com.au/booking/la-sila-homestead-on-marrowbone/140#property-images-1

24.       The booking terms and conditions may be found here: https://www.weekenda.com.au/terms-and-conditions

Disclaimer and Exclusion of liability for use of website

25.       To the extent permissible at law, including the Australian Consumer Law, La Sila excludes all implied conditions and warranties in connection with the use of the website or material appearing on the website.

26.       Whilst La Sila endeavours to ensure that information on the website is current and up to date, La Sila makes no representations and gives no warranties regarding the accuracy, completeness or reliability of any material on the website.

27.       La Sila gives no warranties or guarantees regarding access to or functionality of the website and accepts no responsibility or liability for any delays or faults in the operation, function or access to the website. 

28.       La Sila gives no warranty that the website are free of viruses, or anything else that may interfere with or cause damage to your computer systems. You should take whatever steps are required to protect your own equipment from any potential damage.

29.       La Sila accepts no liability for any loss, damage, harm or claims, howsoever arising, whether direct, indirect or consequential and whether or not due to La Sila’s negligence, arising out of or in connection with your use of the website or the material appearing on them. 

Indemnity

30.       You agree to indemnify and hold harmless La Sila against all claims, losses, actions, proceedings, cost and damages arising from: 

(a)   any breach of these Terms by you;

(b)   your reliance on any material or information obtained through this website (whether or not the material is obtained via links); 

(c)   your access to and or use of the La Sila website. 

31.       If any of these terms are unenforceable or void (either in whole or in part) for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of this document.

32.       La Sila may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.