Terms and Conditions

Version: June 2024

1. General

(a) Accolade Wines North America, Inc (Accolade, us, our or we) is the owner and operator of the Website.
(b) These Terms and Conditions (Terms) govern your use of the Website.

2. Your agreement to these Terms

(a) Your access to and use of the Website is governed by these Terms (including our Privacy and Cookies Policy (Privacy Policy), our Acceptable Use Policy and any other terms and conditions or policies referenced in these Terms). You agree to be bound by all terms and policies referenced in these Terms, and acknowledge and agree such terms and policies form part of these Terms.
(b) We may vary these Terms at any time, without notice, by displaying the amended Terms on this Website. You should review the Terms each time you use the Website.
(c) By accessing and using the Website, you acknowledge that you have read and understood the Terms as they exist at that time, and you agree to be bound by, and comply with, these Terms. You must also ensure that you strictly comply the policies which form part of these Terms.

3. Definitions

(a) In these Terms:

(i) “Order” means any order placed by you for the purchase of the Products;
(ii) “Products” means the Dolly wine products;
(iii) “Terms” means these Terms & Conditions; and
(iv) “Website” means www.dollywines.com and all associated pages owned and operated by Accolade Wines.

4. Access to Website

(a) Your access to the Website may be suspended without notice in the case of system failure, maintenance, any reason beyond our control, or simply because we wish to do so.
(b) Except as expressly provided otherwise in these Terms, we reserve the right to change or discontinue any website, page, functionality, feature or service on the Website at any time.
(c) In order to access the Website, you must be of legal drinking age (i.e. the age you are legally permitted to buy and drink alcohol) in the country in which you access the Website. By accessing the Website, you warrant and represent to us that you are of legal drinking age in the country in which you are located.

5. Orders

All Orders must be placed with third parties (including, but not limited to, Vivino) and are subject to those third parties’ terms and conditions.

6. Claims

(a) We attempt to be as accurate as possible and use our best endeavours to ensure, but do not warrant, that any information provided on the Website, including in relation to Products, Product packaging and materials, is accurate, complete, reliable, current or error-free.
(b) To the fullest extent permitted by law:

(i) we do not warrant the accuracy or completeness of the Website or its content, and the Website and its content is provided on an ‘as is’ basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk; and
(ii) we do not warrant that your access to the Website or any part of it will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system.

(c) All conditions and warranties in respect of the Products are hereby expressly excluded to the full extent permitted by law.
(d) To the extent permitted by law, we will not be liable for any claims in connection with your access to and use of the Website and related services whether arising in contract, tort (but excluding claims in respect of our negligence), indemnity, strict liability, breach of warranty or statute, unless such loss arises as a result of our negligence or wilful misconduct.

7. Indirect loss

So far as the law permits, we shall not be liable in any way whatsoever for any loss of profit or indirect or consequential loss suffered by you or any third party in connection with these Terms.

8. Performance and Representations

The parties acknowledge that there have been no representations or conduct giving rise to any understanding other than what has been expressly recorded in writing. The parties agree that it is not reasonable for them (and they will not) rely on any representation or conduct that is not acknowledged in writing.

9. Privacy and cookies

(a) We collect your personal information when you use our Website, including when you register as a member of the Website.
(b) We handle any personal information that you provide us in accordance with our Privacy Policy. Our Privacy Policy provides details of how we collect, use and disclose personal information, how you can access your personal information or raise a complaint about the management of your personal information.
(c) If you provide us with personal information about a third party, you represent, and we collect it on the basis that, you have that person’s consent for us to collect and handle their personal information in accordance with our Privacy Policy.
(d) We use cookies to improve your experience on the Website and to show you personalised advertising.
(e) By registering for an account, you consent to receiving promotional and marketing communications from us and our related bodies corporate regarding our respective products, services and special offers.

10. Intellectual Property Rights

(a) We are the owner or licensee of all intellectual property rights in the Website (including in all underlying source code) and in the content of the Website (including all text, trademarks, logos, sounds, images, graphics and videos).
(b) Except as expressly provided otherwise in the Terms, you do not have any right, title or interest in or right of use of any content or material on the Website.
(c) You may view content or print a copy of material on this Website for your personal, non-commercial use, provided that you do not modify the content in any way.
(d) You must not otherwise copy, adapt, reproduce, publish or distribute content found on this Website in any form without prior written permission from us (unless otherwise permitted under any applicable law in your location). You must not frame any of the content of the Website or incorporate it into another Website.
(e) You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

11. Third party content and links

This Website may include links to third party websites. Such links do not indicate a relationship between those parties and us, nor endorsements by us of such third parties, their products, services or websites. We accept no responsibility for your use of any third party websites. Use of such links is entirely at your own risk and is subject to the terms and conditions of those third party websites.

12. Use of the Website

(a) You agree to comply with all applicable laws and regulations relating to your use of the Website.
(b) You agree not to use the Website for any purpose that is fraudulent, unlawful or otherwise prohibited by these Terms.
(c) You acknowledge that no data transmitted over the internet is secure, and we do not warrant, and cannot ensure, the security of your data. You transmit data using the Website entirely at your own risk.