1 Acceptance of Terms and Conditions
- By accepting these terms and conditions and using the WineBaa Vine Guard , you accept and agree to be bound by the terms and provision of this agreement. Any participation in the purchase and usage of the product will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not utilise this product.
2 Intellectual Property
- WineBaa, inclusive of and not limited to its website and product, contains original features, content and functionality that is owned by David Robertshaw, and is protected by patent and other intellectual property or proprietary rights laws. As a result, the WineBaa Vine Guard cannot be copied and, being represented by Madderns Patent & Trademark Attorneys, will legally pursue any and all infringements.
- Training Manual: means the WineBaa setup instructional manual that is delivered with the product or found on the WineBaa website at www.winebaa.com.
- WineBaa: means the (registered) business WineBaa.
- WineBaa Vine Guard: means the exclusive intellectual property of WineBaa, namely a counterweight muzzle that limits sheep from eating from in front and above their head height.
- By purchasing the WineBaa Vine Guard you agree to pay for and receive one WineBaa harness. This includes one head harness and one counterweighted muzzle that attaches to the harness. The price on the website at the time of purchase is the price that you agree to pay in exchange for the WineBaa Vine Guard. Any future price increases of the WineBaa Vine Guard will be reflected on the website, and will be seen as you return to login to the website portal.
- All our prices are in Australian dollars and include GST, customs and import duties if delivered to an Australian state or territory. Orders into any other country other than Australia excludes all taxes and duties. You are responsible for these taxes and duties.
5 Delivery of Product
- Products purchased will be dispatched within 2 business days from the time of purchase, and will be delivered at the nominated address line within 2 weeks of dispatch. All postage and handling will be managed by China Division, who nominates either DHL, EMS, or any other postal service they deem appropriate and suitable, to deliver to the purchaser’s location.
- WineBaa does not take any responsibility for goods that are damaged, lost or stolen while in delivery transit. WineBaa’s scope for liability ceases the moment the products leave the possession and control of China Division. While we strive to deliver the goods within 2 weeks of dispatch, we acknowledge that late deliveries may occur.
6 Refund Policy
- Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for 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.
- If your goods arrive defective, incorrect or broken, please notify WineBaa within 5 business days. It will be your responsibility to organize and pay any costs incurred for the return shipping of the WineBaa Vine Guard. WineBaa’s address will be given to you when we are notified of the intent to return. On arrival of the returned goods, WineBaa will assess the goods and inform you by email if you are entitled to a refund or replacement. If you are entitled to a refund or a replacement, WineBaa will issue either a refund or replacement and will cover the cost of return shipping (if applicable).
7 Payment Terms
- WineBaa utilises Shopify as an online merchant to process online transactions. Payment by way of credit card and PayPal is the default method of payment, whereby no product will be dispatched until payments are cleared and confirmed.
8 Limitation of Liability
- WineBaa sees it as the product user’s responsibility to assemble and utilise the WineBaa Vine Guard in strict accordance with the guidelines stipulated in the Training Manual. WineBaa will not be held liable for damage ensuing from a user’s failure to properly abide by the guidelines.
- WineBaa cannot ensure that all the foliage and or produce in its entirety will stop being eaten. Instances such as, but not limited to, foliage and or produce being eaten that is small enough to fit through the muzzle, or the sheep learning a way to counter the primary purpose of the WineBaa Vine Guard, is a possibility. While the WineBaa Vine Guard has been tested and trialed to ensure its efficacy, WineBaa acknowledge that this is not a failsafe product, and that contingencies do arise which prevent the aforementioned purpose from being completely satisfied. WineBaa will not be held responsible for a loss of life to the sheep, loss of any or all foliage, vintage or other produce.
9 3rd Party Relationships
- Madderns Patent & Trade Mark Attorneys: responsible for overseeing and protecting the intellectual property of WineBaa, namely the WineBaa Vine Guard.
- Rp Prototype: responsible for manufacturing the WineBaa Vine Guard and posting them to China Division
- Zhongshan Hualian Garment Accessory Co: responsible for cutting and sewing the harnesses and posting them to China Division
- China Division: responsible for receiving orders from WineBaa and posting the completed products to the purchaser
- Shopify: responsible for processing payments from customers
10 Quality and Warranty
- WineBaa has undergone several trials to ensure the maximum efficacy of the WineBaa Vine Guard. We are committed to improving the quality of working lives of farmers and the agricultural industry generally. Provided the WineBaa Vine Guard is assembled properly and utilised reasonably, WineBaa warrants:
- That you will receive new goods that are without defects and are as described on our website;
- The WineBaa Vine Guard against defects of material or workmanship for a period of 30 days from the delivery date, when used for the purpose in which they were manufactured for;
- Latent defects of the WineBaa Vine Guard for 12 months from the date delivered.
- This warranty is limited to the replacing of parts which WineBaa confirms are defective in material or workmanship and does not cover labour, costs incurred and other consequential losses or damage caused by this defect when in use.
- This warranty does not cover damage to the WineBaa Vine Guard by improper use, if the training manual is not followed to its entirety, deterioration by fair wear and tear, inappropriate use, inappropriate storage, negligence, accidental damage, use of undue force in operating WineBaa or any other cause of failure other than defects in material or workmanship.
11 Dispute Resolution Procedure
- In the event of any dispute or complaint against WineBaa, WineBaa requests that you use the complaint form provided on the website. We will endeavour to reply within 2 business days and have your problem assessed and rectified, if possible.
14 Governing Law
- The law of Queensland, Australia, will govern any dispute that may arise and you agree to submit to the exclusive jurisdiction of the courts located within the State of Queensland, Australia. WineBaa’s head office is located at 133 Graham Rd, Carseldine 4034, QLD.
15 Site Information
- The WineBaa website and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
16 Return to Sender or Delivery Refused
- A 20% restocking fee will be charged or you will be charged the cost to re-deliver and for the re-handling.
- If the WineBaa Vine Guard is given as a gift, it is the gift giver’s responsibility to pass on the terms and conditions as laid out in this document.