Zema | Welcome
Menu

Zema Estate

Terms and conditions

 These Terms and Conditions of Use (‘Terms of Use’ of ‘Terms’) are an agreement between you (‘The User’) and Zema Estate Pty Ltd (CAN: 062 070 259) (‘Zema Estate’, ‘we’ or ’us’). Zema Estate is a family owned and operated winery located in Australia’s Coonawarra wine region.

1.     Acceptance

1.1  These Terms of Use are important and affect your legal rights, so please ensure you read them carefully. The Terms govern your use of the website located at www.zema.com.auand all other Zema Estate social media applications (together, ‘the Services’). The Terms apply to the Services currently offered by Zema Estate, as well as Services that may be offered in the future.

1.2  USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS.

1.3  Zema Estate reserves the right, at any time, to change the terms of access, conditions and notices under which this website is offered, with or without notice to you, and without giving any explanation or justification for such change.

1.4  You are only permitted to use the Services if you are 18 years or older or unless specifically granted permitted use by a legal guardian.  

2.     Refund Policy

2.1  Please carefully consider the products you are ordering prior to purchasing as we do NOT offer refunds however you can exchange or return the item within seven (7) days to receive a store credit.

2.2  Please maintain your receipt for proof of purchase. Items without a receipt will NOT be exchanged.

3.     Returns Policy

3.1  Please carefully consider the products you are ordering prior to purchasing as we do NOT offer refunds however you can exchange or return the item within seven (7) days to receive a store credit. The return window starts from when you receive the item.

3.2  Please carefully consider the products you are ordering prior to purchasing as we do not offer refunds.

3.3  All faulty or damaged goods will be replaced free of charge by Zema Estate. For any items that are either damaged or faulty you must contact us within 7 days of delivery. In the unlikely event that your product has been damaged in transit please contact us within 24 hours of receiving your order. A replacement item will be sent freight free. We will also organise collection and inspection of damaged goods.

3.4  We do NOT refund. Exchange only.

3.5  Freight charges will apply for returns and exchanges.

3.6  To return:

a)             Contact our team on (08) 8736 3219 or via email zemaestate@zema.com.au to discuss your return.

b)            You will be sent a shipping label (costs incurred by customer) to return the item.

c)             Place the item in its original packaging using the shipping label provided.

d)            Once we have received the return item you will be issued with a store credit to the value of the item/s purchased. Strictly No Refunds. You will NOT be credited for shipping costs. 

4.     Orders

4.1  All orders placed through this website are subject to confirmation and acceptance by Zema Estate.

5.     Prices

5.1  All of our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax). We reserve the right to modify prices published on our website at any time.

6.     Product Images and Descriptions

6.1  Whilst every effort is made to ensure product images and descriptions are as accurate as possible, errors may unintentionally occur.

7.     Availability of Products

7.1  Prices and availability of all products are subject to change without notice. Errors will be corrected as they are discovered and Zema Estate reserves the right to revoke any offer, correct any error, omission or inaccuracy at any time (including after an order has been placed).

7.2  Every effort will be made to satisfy your order. If for any reason beyond our control, we are unable to supply ordered items, we will notify you via email. 

8.     Shipping Methods

8.1  All orders are shipped via Australia Post. All freight charges have been calculated using a 1 drop solution.  Orders must be placed with a daytime delivery address, or by instruction to leave at front door.  Any "redeliveries will incur extra charges" and you will be responsible for the costs.

9.     Shipping Charges

9.1  FREE freight Australia wide for orders over $500

· $15 South Australia and Victoria for first carton

· $20 all other states for first carton

· $10 for each additional carton

9.2  Orders will be shipped as soon as possible, depending on product availability. If a product is not available customers will be notified via email.

10.  Dispatch Times

10.1 We will do our best to deliver your order promptly. Once payment has been processed. All orders are expected to be dispatched within 72 hours. In the unlikely event that an item you ordered is unavailable we will endeavour to notify you within 48 hours. Please allow 5-7 days for delivery.

11.  Delivery Information

11.1 While all care is taken in the packaging and postage of your purchase, we will assume no liability for any late delivery. 

12.  Legal Capacity

12.1 By purchasing a product from Zema Estate website you warrant that you are over 18 years of age and have the capacity to make a legally binding contract.

13.  Changes to Terms

13.1 These terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Zema Estate.

14.  SSL Security

14.1This site supports secure socket layer (SSL) based transactions from a browser to the level of 128 bit or greater.

15.  Use of Services

15.1 In becoming a member or holding a user account with Zema Estate, you may be required to give us access to or provide login information and password information for accounts or services that you may have with third party providers. By providing such information, you agree you have read any agreements governing such access, and that you have the necessary contractual and legal rights to give us such access.

15.2 Notwithstanding anything herein to the contrary, Zema Estate reserves the right to permit or restrict any User’s access to the Services in its sole and absolute discretion, including the termination of user accounts in the event of a breach of these Terms of Use.

15.3 Zema Estate may present information and content, including but not limited to, articles, opinions, text, statistics, data, product information, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, buttons, icons, programs and code, in addition to User Generated Content (collectively, ‘Content’), that is owned or licensed by the Company. The Services may also include materials, applications and information owned by third parties and made available through the Services, by virtue of a license, grant or some other form of agreement between the third party and Zema Estate.

15.4 Other than where required by law, Zema Estate is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness or completeness of Content, including, without limitation, the description, availability or effectiveness of any product. Other than where required by law, Zema Estate does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.

15.5 All Services and Content provided by or through Zema Estate are owned by us and are protected by copyright laws, unless otherwise indicated.

15.6 Zema Estate reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered and software needed for access or use.

16.  Costs and Fees

16.1 You accept that you are solely responsible for all costs involved in the use of the Services including, but not limited to, communication costs related to the use of devices, the use of mobile Internet and roaming and taxes connected to your use of the Services.

16.2 Zema Estate reserves the right to charge fees for your use of the Services, prior notice of which will be communicated to you.

16.3 In setting up a user account with Zema Estate, you may be required to give us access to or provide login information and password information for accounts or services that you may have with third party providers. By providing such information, you agree you have read any agreements governing such access, and that you have the necessary contractual and legal rights to give us such access.

17.  Intellectual Property

17.1 Zema Estate, or its licensors, owns all rights, title and interest, including, but not limited to, intellectual property rights in and to the Services and, unless otherwise agreed, you may not reverse engineer, decompile or otherwise attempt to extract the source code of the software which Zema Estate or its licensors provides you, unless this is explicitly permitted.

17.2 Unless we have agreed, or specific guidelines permit, you are not allowed to use the Zema Estate’s logo or any other trademark, service mark, graphic and logo used by Zema Estateor its licensors in connection with the Services.

18.  Warranties

18.1 Zema Estate does not make any representation, warranty or endorsement of any kind, express or implied as to the operation of the site or the information, content, materials or products on this site;

18.2 Zema Estate does not warrant that the functions of this website will be uninterrupted or error free, that any defects will be corrected to that the server which stores and transmits content to you is free of viruses or other harmful components; and

18.3 Zema Estate does not warrant or make any representation regarding your access to, or the results of your access to, the Zema Estate website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. Zema Estate will not be liable under any circumstances for any loss of profits, consequential loss or any damages of any kind recognised by law, which are the consequence of you using or accessing or any inability to use or access the Zema Estate website.

19.  Limitation of liability

19.1 You understand that your use of the Services is at your own risk. Zema Estateshall not be responsible for any damages that may arise in connection with any transaction, your use of the Services or this agreement except to the extent caused by Zema Estate’s negligence, wilful misconduct or breach of this agreement.

19.2 To the fullest extent permissible by law, Zema Estateshall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any lost profits, lost revenue, lost data, equipment downtime, or for any indirect, consequential, special, incidental, punitive, or exemplary damages or losses, arising out of your access, use or inability to use the services or any content, including but not limited to interruptions or delays in transmission, regardless of the type of claim or the nature of the cause of action, even if Zema Estatehas been advised of the possibility of damage or loss.

19.3 To the fullest extent permissible by law, our maximum aggregate liability shall not exceed the amount that you have paid for the Services to which the liability relates. To the fullest extent permissible by law, if you are dissatisfied with the Services, do not agree with any part of this agreement or have any other dispute or claim with or against Zema Estaterelated to the Services or any Content, your sole and exclusive remedy is to discontinue use of the services. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the extent applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, the foregoing limitation may not apply to you. You acknowledge and agree that in the absence of this limitation of liability these Terms of Use would be materially different or you would not be granted access to the website.

19.4 You agree to be responsible for any and all third party claims, liability, damages, and costs (including, but not limited to, solicitors’ fees, costs and expenses) against or incurred by Zema Estatethat result from, arise out of or are in anyway connected with your breach of these Terms of Use, your negligence, wilful misconduct or your infringement, or infringement by any other person using your account, of any Zema EstateIP or other right of Zema Estateor any third party. Zema Estateshall have the right at its own expense, but not the obligation, to assume the exclusive defence and control of any matter subject to you being responsible for any liability, damages or costs, and you shall not in any event settle any matter without the prior written consent of Zema Estate. These Terms of Use are for the benefit of the parties and their successors, assigns, licensors and licensees. You covenant to cooperate fully in the defence of any claim.

20.  Termination

20.1 You understand that your use of the Services is at your own risk. Zema Estateshall not be responsible for any damages that may arise in connection with any transaction, your use of the Services or this agreement except to the extent caused by Zema Estate’s negligence, wilful misconduct or breach of this agreement.

20.2 You are entitled to terminate any agreement with Zema Estate at any time by suspending or deleting your account and terminating your use of the Services. Upon terminating the Agreement with Zema Estate, you will no longer have access to the Services

20.3 Either party may terminate this agreement if the other party is in material breach of any of its obligations under this agreement and if the breach is capable of remedy fails to remedy the breach for a period of 30 days after receipt of a written notice by the other party requiring rectification of the breach.

20.4 Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of this agreement.

21.  Privacy

Zema Estate maintains a Privacy Policy that can be accessed www.zema.com.au. You will be taken to have accepted that policy when you accept these Terms of Use.

22.  General

22.1 Amendments

The Content, the Services and these Terms of Use are subject to change and updating by Zema Estate and our affiliates, licensees, partners, agents and representatives at any time without prior notice. The changes may include superseding Terms of Use. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of any Zema Estate Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.

22.2 Severability

If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms of Access, and the severed part will not affect the validity and enforceability of any remaining provisions.

22.3 Waiver

A failure by either party to take action to enforce its rights does not constitute a waiver of any right or remedy under this agreement

22.4     Relevant jurisdiction 

The Terms of Use are to be governed by and construed in accordance with the laws of the State of South Australia, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of South Australia, Australia to determine any dispute arising out of these Terms of Use.

Terms of Use last updated on 27 April 2016

Nestled on Coonawarra's
famous Terra Rossa soil

Discover our Vineyards

Find out more