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  1. Terms
    1. The Website is a shopping and auction website where you can buy, sell, browse, select and purchase wine products. These Terms govern all dealings with Langton's, including your sales, orders and purchases through the Website, our brokerage services and are binding on all Sellers, Buyers and users of the Website. 
    2. Langton's recommends that you carefully read these Terms before dealing with Langton's as a Seller, Buyer or Member to ensure you understand the basis on which you are dealing with Langton's. If you have any queries you should contact Langton's to discuss them. These Terms will be updated from time to time by Langton's and a copy posted on the Website.
  2. Definitions
    means the sale of Goods by Langton's by live auction using the Website.
    means a party buying Goods through the Website or otherwise from Langton's.
    Buyer's Premium
    means the amount paid by the Buyer to Langton's on the purchase of wine at Auction, being a set percentage of 16.5% (GST inclusive) or such other percentage as indicated on our Website from time to time.
    means a catalogue prepared by Langton's detailing wine to be sold at Auction.
    means the amount paid by the Seller to Langton's on the sale of Goods through Auction, which is calculated as 15% (inclusive of GST) and of the Hammer Price at a minimum $4 per unit with a or such other percentage as specified on our Website from time to time.
    Confidential Information
    means information that Langton's obtains about Sellers, Buyers and Members including names, addresses, telephone and fax numbers, email addresses, reserves and dealings with Langton's.
    means goods sold by Langton's including wine and spirits offered for sale by Sellers through Langton's.
    means the Goods and Services Tax as defined in clause 14.
    Langton's means: 
    (a) Endeavour Group Limited (ABN 77 159 767 843) for sales through the Website or via Auction; and
    (b) Endeavour Group Limited (ABN 77 159 767 843) for the performance of brokerage services.
    means any Goods deposited with Langton's with a view to its sale at Auction; in particular, the item or items described against any lot number in any Catalogue.
    means a person who is a member of Langton's in accordance with clause 4.
    Hammer Price
    means the price successfully bid for and to be paid by the Buyer for a Lot sold at Auction.
    means the minimum price acceptable to the Seller for Goods being sold by Auction.
    means a person selling Goods through the Website, including by Auction and in the Wine Store.
    means any services offered by Langton's including the sale and purchase of Goods at Auction and in the Wine Store.
    Store Price
    means the price per unit at which wine or spirits are for sale in the Wine Store.
    means these terms and conditions as amended from time to time.
    Total Purchase Price
    means the Store Price or the Hammer Price plus any Buyer's Premium.
    means the Langton's website at as amended from time to time.
    Wine Store
    means the section of the Website named the Wine Store.
  3. Langton's Businesses
    1. Langton's operates the Website, including the Auction and the Wine Store.
    2. Goods sold by Auction are sold by Langton's as agent for, and on behalf of, Sellers.
    3. Goods sold in the Wine Store may either be sold by Langton's on its own behalf or on behalf of, and as agent for, Sellers.
    4. Langton's may, in its absolute discretion, refuse a person listing any Goods in its Auctions or Wine Store, or participating in any sale through Langton's or the Website.
  4. Member
    1. A Member is a person who has joined Langton's Services through the Website (by fully completing the “Join” section on the Website) or by phone.
    2. A Member receives full access to the Website, including bidding and buying at Auctions and from the Wine Store and access to and use of a personalised online account.
    3. Members must provide accurate up-to-date information to Langton's. Members are provided with a member identification and password to access the Website and their account. Members must keep this confidential for security purposes and must notify Langton's immediately of any unauthorised use or disclosure of their member identification and password.
    4. Member rights are personal and cannot be transferred to or used by another party. Langton's may terminate a person's membership at any time at its absolute discretion by providing written notice to the person. Langton's has no obligation to provide reasons for termination.
  5. Sellers
    1. Langton's sells Goods on behalf of, and as agent for, Sellers and receives payment for the Services as specified in clause 12.
    2. Where requested by a Seller, Langton's may provide a preliminary estimate of the value of Goods on the basis of information provided by the Seller, however Langton's does not guarantee the accuracy of any such estimate and is not responsible for any failure to achieve a price equal or similar to the estimate. Langton's retains the right to refuse to deal with Goods that it considers inappropriate to sell for any reason.
    3. If Langton's agrees to accept Goods for sale they must be delivered by the Seller to Langton's at least 30 days prior to Auction or sale in the Wine Store. Langton's will assess the Goods and provide a report on them within a reasonable time to the Seller detailing any faults (if any) detected by Langton's. This information will be included in the Goods' description in the Catalogue.
    4. Placing Goods with Langton's is an irrevocable offer to sell those Goods subject to clause 7.4 and save that Goods can be withdrawn from sale (at Langton's sole discretion) at no cost to the Seller at any time prior to the finalisation of the Catalogue. The Seller may place a Reserve on Goods only with Langton's prior consent. Langton's may give or withhold its consent in its absolute discretion. The amount of the Reserve must be agreed with Langton's.
    5. Upon successful sale of Goods, the Seller will be charged the Commission which is payable in accordance with clause 12.4.
  6. Buyers
    1. A Buyer must be a member to purchase from the Wine Store and/or to bid at an auction.
    2. The Buyer warrants to Langton's that he/she is at least 18 years of age and has the legal capacity and ability to purchase alcoholic beverages. The Buyer further warrants that he/she can make a legally binding contract with Langton's to purchase Goods and Services.
    3. Langton's will promptly deliver to the Buyer a tax invoice for Goods sold at Auction or in the Wine Store. All Goods purchased by the Buyer from the Wine Store must be paid for by designated credit card at the point of sale.
    4. Goods purchased at Auction will be shipped by Langton's to the Buyer after payment of the Total Purchase Price and associated costs (unless otherwise specified in clause 15).
    5. If the Buyer of Goods purchased at Auction does not pay the Total Purchase Price within 30 days of the close of Auction then Langton's may cancel the sale and either return the Goods to the Seller or, if the Seller elects to do so, re-sell the Goods. All costs incurred by Langton's in respect to such a re-sale shall be paid by the Buyer. Where such a Buyer Default occurs, the Buyer may also be liable to Langton's for other costs pursuant to clause 18.
  7. Risk
    1. Goods held by Langton's will be at the Seller's risk until returned to the Seller or paid for by a Buyer, save that any damage to the Goods caused by Langton's negligence or wilful misconduct shall be the responsibility of Langton's.
    2. Each Lot is sold by the Seller with all faults and defects (if any) and, where sold by Auction, shall be at the Buyer's risk and neither Langton's nor the Seller shall be accountable for any deficiency, damage or loss which may arise after the close of the Auction, except to the extent it arises from Langton's negligence or wilful misconduct.
    3. To the extent permitted by law, Langton's liability under clause 7.1 or 7.2 shall be limited to the Hammer Price or Store Price (as applicable) or (if not sold) the value of the Goods as reasonably determined by Langton's. Except as expressly provided in these Terms, Langton's shall not be responsible to a Seller or Buyer for any other loss, damage, action, cost or expense in respect to the Goods.
    4. Where Langton's is selling Goods on behalf of a Seller, Langton's shall not be responsible for any default by a Seller or Buyer.
  8. Catalogue
    1. Langton's prepares a Catalogue for each Auction detailing the Lots offered at the relevant Auction. This Catalogue is available in electronic and printed form.
    2. Next to each Lot in the Catalogue will be a price estimate. This is an estimate by Langton's of the value of the Lot based upon recent sales. Should a wine being sold not have a recent sale history the price estimate will represent Langton's best estimate of probable realisable value. Langton's does not guarantee the accuracy of any estimate.
    3. All statements in Catalogues, advertisements or brochures prepared by Langton's are statements of opinion and are not, nor are they to be relied upon as, statements of fact. Buyers must make their own assessment of any Lot, including the value of a Lot, before bidding for it.
    4. If a Seller does not accept Langton's description of the Goods to be included in a Catalogue the Seller must withdraw the Goods from sale prior to finalisation of the relevant Catalogue. If the Seller fails to withdraw the Goods by the requisite time, they shall be deemed to have accepted Langton's description and shall have no further right or claim against Langton's in relation to that description.
  9. Ownership of Goods

    The Seller in providing Goods to Langton's for sale warrants to Langton's and any Buyer of those Goods that:

    1. it is the owner of those Goods;
    2. it can and will give good title thereto; and
    3. the Goods are sold free of any encumbrance, mortgage security or lien.
  10. Auction Bidding
    1. If you bid on a Lot you make an irrevocable offer to buy the Lot at the price bid. Bids received by Langton's will be processed by Langton's. Except as otherwise provided in this clause, the current highest bid for each Lot will be posted on the Website.
    2. Bids must be received by the closing time on the closing day of the Auction as notified in the Catalogue and on the Website. All time is as specified, being Australian Eastern Time (AET).
    3. Langton's has the right, at its absolute discretion, to refuse any bid and to advance the bidding (including through vendor bids) as it may determine.
    4. Langton's reserves the right to withdraw any Lot from sale (including after any bid(s) has been made or where a Lot is purchased in the Wine Store prior to any bid) or to combine any two or more Lots at any time.
    5. All prices are in Australian dollars.
    6. A Lot cannot be divided and the successful bidder must take the Lot as offered.
    7. Langton's (using its AutoBid technology) processes and monitors all bids placed on the Website. It only posts bids to the Website when that bid is AUD$1 more than the next highest bidder. If a Buyer is outbid before the close of the bidding for a particular Lot then Langton's, using its AutoBid system, notifies the prospective Buyer(s) by email accordingly and offers the prospective Buyer(s) an opportunity to make another bid(s).
    8. Langton's AutoBid technology ensures that, regardless of the maximum bid the Buyer makes on a given Lot, the Buyer pays only AUD$1 more than the next highest bidder. For example if the Buyer bids AUD$60 and the next highest bid is AUD$40 the Buyer pays only AUD$41.
    9. Except where explicitly permitted by Langton's (in its discretion as auctioneer), a Seller is prohibited from placing bids or arranging to have bids placed on behalf of the Seller in respect to Goods that it offers for sale. A Seller can bid on any other Lots (not owned by it) in the Auction.
    10. An Auction of a Lot may or may not have a Reserve. Whether or not a Lot has a Reserve will not be disclosed. If a Lot has a Reserve, it will not be sold at Auction until a Buyer bids at or above the Reserve. If the Lot is passed in as a result of bidding failing to reach the Reserve, the highest bidder may, in Langton's absolute discretion, be given an exclusive opportunity (available for a period of 24 hours after close of the Auction, after which time it will expire) to purchase the Lot at Reserve.
  11. Wine Store
    1. All Goods placed with Langton's for sale by Auction will be considered for placement in the Wine Store unless otherwise specified by the Seller at the time the Goods are placed with Langton's.
    2. Subject to a Seller electing not to place Goods in the Wine Store in accordance with clause 11.1, Langton's shall determine, in its absolute discretion, whether Goods being sold by Auction will also be placed in the Wine Store.
    3. The price at which Goods shall be listed for sale in the Wine Store shall be reasonably determined by Langton's, having regard to the Reserve and such other factors as Langton's believes are applicable. Langton's shall not be required to disclose to any Seller its reasons for determining a Wine Store listed price.
    4. Any Goods listed for sale both by Auction and in the Wine Store shall be immediately removed from:
    5. the Wine Store upon any Buyer bidding on the Goods in the Auction; or
    6. the Auction upon any Buyer purchasing the Goods in the Wine Store.
  12. Payment
    1. AuctionWhere the total Hammer Price for Lots won by a Buyer at an Auction the Buyer's designated credit card will be charged the amount owed, being the Total Purchase Price (specifically Hammer Price plus Buyer's Premium), immediately following close of the Auction.
    2. Where the total Hammer Price for Lots won by a Buyer at an Auction is over $10,000: 
      1. the Buyer must notify Langton's of the Buyer's preferred payment method (bank cheque, direct debit, BPAY or designated credit card) within four (4) days following close of the Auction.
      2. payment must be made by the Buyer to Langton's within 14 days of the close of the relevant Auction. Private cheques are acceptable but Goods will not be released until cheques have been cleared; and
      3. if a Buyer fails to notify Langton's of the preferred payment method within the timeframe required by clause 12.2(a), Langton's may charge the Buyer's designated credit card for the Total Purchase Price.
    3. If Langton's has to take action to recover monies from a Buyer then the Buyer agrees to pay all Langton's recovery costs (including legal costs) and expenses.
    4. Langton's will deduct Commission (calculated as a percentage of the Hammer Price) from the Hammer Price of the Lot sold and remit the balance of the Hammer Price to the Seller within 7 business days of the Auction, subject to receiving payment for the Lot in cleared funds from the Buyer.
    5. Wine StoreFor purchases from the Wine Store, payment of the Total Purchase Price must be made by Buyers to Langton's at the point of sale by designated credit card.
    6. For sales through the Wine Store of Goods that were listed for sale both by Auction and in the Wine Store, the Seller will pay Langton's: 
      1. the Commission calculated as a percentage of the Reserve; plus
      2. any amount by which the Store Price exceeds the Reserve,

      which will be deducted from the Store Price and the balance will be remitted to the Seller within 30 days of the date of sale. 

    7. Minimum Unit Pricing for the Northern Territory
      If you are a Northern Territory resident or ordering Goods for delivery to the Northern Territory, the listing of Goods on the Website (either through Auction or Wine Store) and the inclusion of Lots in the Catalogue do not constitute an offer to sell those Goods to you. All orders to be delivered to the NT will be checked by Langton’s for compliance with the minimum floor price (MFP) before the order is released from Langton’s warehouse. If any Goods in your order are below the MFP, Langton’s will remove those Goods from your order and provide you with a full refund for the Goods that are removed. All other Goods in your order that comply with the MFP will be delivered.
  13. Cancellation
    1. Langton’s may, at its discretion, cancel any order (in whole or in part) by Auction or through the Wine Store at any time (including orders that we have previously accepted or issued a tax invoice for) without any liability to you for that cancellation at any time if:
      1. the Goods in that order are not available;
      2. you have specified a delivery address for those Goods that Langton’s or any government authority deems to be subject to delivery restrictions for alcoholic or liquor products, after we have attempted to contact you in to arrange for the Goods to be delivered to another delivery address not subject to any such restrictions;
      3. we are unable to process your payment;
      4. there is an error in the price or the product description posted on the Website in relation to the relevant Goods;
      5. we reasonably suspect fraudulent or unlawful activity; or
      6. your order is in breach of these Terms or any other relevant terms and conditions or is contrary to a person's rights or to any law.
  14.  GST
    1. To the extent that the supply of services under this Agreement is a taxable supply the Total Purchase Price shall be increased by an amount equal to any GST in respect of those goods or supply.
    2. The Seller or Buyer's obligation to pay GST on the goods or services that are taxable supplies is subject to Langton's providing a tax invoice for those goods or services. All prices quoted are GST inclusive.
    3. In these Terms the expressions 'GST', 'supply', 'taxable supply', and 'tax invoice' have the same meaning as in A New Tax System (Goods and Services Tax) Act 1999.
    4. Trade Seller (GST registered)Trade Sellers must supply Langton's with their ABN. Langton's will only collect GST on behalf of the Seller if we are advised at receipt of stock, or notified prior to the printing of our catalogue. It is the responsibility of the Seller to notify us of their GST status prior to our catalogue deadlines.
    5. Trade Buyer (GST registered)Langton's wine listings cater for GST registered Trade Buyers. Langton's online search engine (available at Search/Advanced Search on our website) provides a list of all GST claimable wines on sale at Auction.
    6. Private SellerGST is not charged on the Total Purchase Price. Commission, Buyer's Premium, freight & insurance do attract GST (inclusive in Langton's charges).
    7. Private BuyerGST is not charged on the Total Purchase Price. Commission, Buyer's Premium, freight & insurance do attract GST (inclusive in Langton's charges).
  15. Delivery
    1. Except where Buyers pick up the Goods (if available under clause 6.1), Langton's will deliver the Goods to an address in Australia specified by the Buyer provided the recipient at that address is over 18 years of age and is not intoxicated. Delivery fees are specified on the Website. International clients need to contact Langton's to make shipping and insurance arrangements.
    2. A Buyer of Goods purchased at Auction may request Langton's to hold the Goods for up to 21 days to consolidate the shipping of those Goods with other purchases made by the Buyer through the Website. Unless such a request is made, or where Langton's does not consent to such request, all Goods must leave Langton's premises (whether by pick up (where available) or by delivery) within 21 days of the Auction.
    3. Without limiting clause 15.2, where Goods remain at Langton's premises more than 21 days after the Auction (except where shipping of the Goods is delayed as a result of Langton's negligence) the Buyer shall be liable to pay storage fees as specified on the Website.
    4. Buyers can elect at the time of purchase, for an additional fee (specified on the Website), to have delivery covered by Langton's Delivery Guarantee. If no Delivery Guarantee is purchased, risk in the Goods shall remain with the Buyer from the time they leave Langton's premises.
    5. Under the Delivery Guarantee, subject to clause 15.6, Langton's will replace the goods or refund the Buyer (at Langton's option) for the value (based on, and not more than, the Hammer Price or Store Price paid for the Goods) of Goods lost or damaged during delivery from Langton's premises to the Buyer's address (including any Dan Murphy's store, where Pick up is selected as the delivery option). The refund will only be payable upon Langton's receiving satisfactory proof of the loss or damage. If requested, the Buyer must promptly return damaged Goods to Langton's and provide such other information as Langton's may reasonably request to assess the loss or damage.
    6. Langton's may, in its discretion, hold delivery of goods during periods of hot weather, and will otherwise only do so where the Buyer has expressly requested Langton's to hold shipping of their Goods. While Langton's will endeavour to make prompt delivery without compromising the condition of the wine, Langton's Delivery Guarantee does not cover heat damage. In addition, Langton's shall not be liable under the Delivery Guarantee for any loss arising from the Buyer failing to provide Langton's with a correct address and delivery details, or for Langton's otherwise delivering in accordance with the Buyer's instructions (such as leaving the wine outside unattended premises).
    7. If you are ordering goods for delivery to South Australia, you agree that: (a) on delivery, the recipient of delivery will be required to (i) sign a declaration confirming their name and that they are over 18 years of age, and (ii) if the recipient looks under 25 (at our discretion), provide proof of ID (including photographic identification and date of birth) and the name and date of birth of the recipient will be recorded; and (b) we are instructed to deliver the Product to a person at the delivery address provided they meet the requirements of clause 6.14.2. Information collected and recorded under this clause will be held for a minimum of 12 months. These are requirements of South Australia's Liquor Licensing Legislation and will apply from 1 July 2019, and if the recipient is unable to comply, we will not be able to complete the delivery. This does not apply to deliveries where you have specifically instructed us to leave the order at the delivery address.
    8. If you have specified a delivery address that Langton’s or any government authority deems to be subject to delivery restrictions for alcoholic or liquor products, we will endeavour to contact you to arrange for an alternate delivery address that is not subject to such restrictions. In the event that Langton’s is unable to make contact with you, or if you do not provide us with an alternate delivery address that is not subject to delivery restrictions, we may cancel your order in accordance with clause 13.1b. 
  16. Pick up
    1. Only selected Goods, as specified on the Website, may be picked up by the Buyer from selected locations. Where pick up is available, Buyers must advise Langton's through the Website at the time of purchase whether they wish to pick up the Goods or have them delivered.
    2. Pick up is available from the locations as shown on the Website. During the ordering process, you need to select a store from which you will collect the order. Our standard delivery time frames and charges apply to each Pick up order.
    3. You agree to comply with certain collection requirements specified in this clause 16 and such other requirements that we notify to you when you place your Pick up order through the Website:
      1. you must collect your Goods from the store selected by you when you place your order;
      2. photographic identification and a signature must be provided when you collect your Goods; and
      3. your photographic identification will be recorded at time of collection of your order and the personal information collected will be held and may be used in accordance with our privacy policy.
    4. If you will not be the person collecting your Goods then your representative must provide us with proof of their identity (including photographic identification) and, where relevant, age.
    5. If you or your representative do not supply the appropriate identification, we will not allow collection of the products you have ordered.
    6. You agree to ensure that the person collecting any liquor or other relevant restricted products is over the age of 18 years or such other minimum age as prescribed by law. We will not allow collection of an order of alcohol or liquor products to a person who is intoxicated or not of the appropriate legal age.
  17. Seller Default

    If the Seller does not own the Goods and or have clear title to the Goods and/or provides misleading and deceptive information about the Goods to Langton's then, without prejudice to any other rights or remedies Langton's may have:

    1. if the Goods have not been sold, Langton's may withdraw the Goods from sale and return them to the Seller upon payment by the Seller of any and all reasonable costs of Langton's associated with obtaining and assessing the Goods for sale and returning them to the Seller;
    2. if the Goods have been sold but not delivered to the Buyer, Langton's may terminate the sale contract with the Buyer, refund to the Buyer any monies paid by the Buyer and return the Goods to the Seller upon payment by the Seller to Langton's of any and all reasonable costs of Langton's associated with obtaining and assessing the Goods for sale and returning them to the Seller; and
    3. if the Goods have been delivered to the Buyer, where possible Langton's may recover the Goods and refund to the Buyer any monies paid by the Buyer. The Buyer shall have no claim upon Langton's in respect to the Goods save for receiving the refund of any monies paid for the Goods.
  18. Buyer Default

    If a Buyer fails to pay for any Goods within 30 days of the close of Auction or the date of purchase from the Wine Store, Langton's shall, without further notice to the Buyer, and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies:

    1. seek recovery from the Buyer for the cost of the Goods, interest costs, expenses and damages for breach of contract;
    2. rescind the sale of that or any other Lots sold to the Buyer;
    3. resell the Lot or cause it to be resold by public or private sale. Any deficiency in the price from such resale together with the full costs incurred in connection with the resale, shall be payable to Langton's by the Buyer;
    4. store the Lot or cause it to be stored, whether at its own premises or elsewhere, at the sole expense of the Buyer and release the Lot only after payment in full of the Total Purchase Price, the accrued cost of removal, storage and insurance and all other costs incurred in connection with the Lot;
    5. charge the Buyer interest on the Total Purchase Price at the rate of 2% above the 90 day bank bill swap rate published by the Reserve Bank of Australia for each day that it remains unpaid for more than 30 days from date of the close of Auction or the date of purchase from the Wine Store;
    6. retain that and any other Lot sold to the Buyer and release the same only after payment of the Total Purchase Price; and
    7. set off any amount due or becoming due to the Buyer against settlement of the Total Purchase Price and costs and expenses and Langton's shall be entitled to a lien on any property of the Buyer which is in Langton's' possession until all monies owing to Langton's by the Buyer have been paid in full.
  19. Member Default

    If Langton's considers that a Member has or may have breached these Terms, Langton's may, without further notice to the Member and at its absolute discretion, immediately suspend the Member's membership rights including the right to bid at Auctions or buy from the Wine Store.

  20. Warranties – Goods sold by Auction
    1. Langton's cannot readily ascertain how well Goods have been cellared. Goods to be sold by Auction are described as accurately as can reasonably be ascertained by Langton's at the time, however Buyers of older wine must make appropriate allowances for natural variations of ullage and the condition of corks and labels.
    2. Subject to the provisions of clause 21, Langton's, its employees and agents shall not be responsible for the correctness of any statement as to authorship, origin, date, age, attribution or provenance of any Goods, nor for any other errors of description or for any faults or defects in any Goods sold by Auction and no warranty whatsoever is given by Langton's, its employees or agents in respect of any such Goods.
    3. Buyers acknowledge and accept that the consumer guarantees under the Australian Consumer Law, including guarantees as to acceptable quality, fitness for purpose and accurate description, do not apply to Goods sold by Auction. Buyers therefore accept these risks and, except as set out in clause 21, Langton's shall have no liability to any person for any loss or damage suffered by any person in relation to Goods sold by Auction.
  21. Warranties – Goods purchased in the Wine Store or otherwise from Langton's
    1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
      - to cancel your service contract with us; and
      - to a refund for the unused portion, or to compensation for its reduced value.

      You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
    2. To obtain compensation, Buyers would need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of a failure by Langton's to comply with a consumer guarantee under the Australian Consumer Law. Such evidence may include photographs, statutory declarations, receipts or reports (e.g. from your doctor), depending on the loss or damage.
    3. Buyers' rights to a remedy under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. Langton's adopts the same approach. As such, the type of remedy we will offer Buyers may vary depending on the age and history of the Goods and how long it takes the Buyer to return the Goods to us. At Langton's, we will always take a fair and reasonable approach.
  22. Langton's Undertaking
    1. In addition to a Buyer's rights under the Australian Consumer Law, if within 28 days of the date of dispatch from Langton's premises of any Goods (sold either by Auction or Wine Store):
      1. Langton's receives notice in writing from a Buyer that, in their view, the Goods were short or ullaged at the time of the sale and that the goods were not so described in the Catalogue or in the Wine Store (as applicable); and
      2. within fourteen days of such notice, the Goods are returned to Langton's in the same condition (as reasonably determined by Langton's) as at the date of the Auction or purchase (as applicable); and
      3. the Buyer satisfies Langton's that the Goods were not correctly described as specified in paragraph (a) and the Buyer is able to transfer good title to the Lot or Goods; and
      4. Langton's is satisfied that the product is materially different to the description,

        Langton's may set aside the sale and either replace or refund to the Buyer (at Langton's discretion) the amount paid by the Buyer in respect of the Goods.

        These undertakings do not apply to wines older than 15 years.

    2. A Buyer shall not be entitled to claim under clause 22.1 for more than the amount paid by the Buyer for the goods and, in particular, shall have no claim for any other loss or damage, whether direct or indirect, suffered by the Buyer.
  23. Limitation
    1. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Australian Consumer Law or any implied warranties under the consumer protection laws in the States and Territories of Australia, or Langton's liabilities under those provisions:
      1. Langton's excludes all other guarantees and implied terms and warranties relating to the Website or the subject matter of these Terms and Conditions; and
      2. to the extent permitted by law, Langton's will not be liable for indirect or consequential loss arising from or connected to the Website or these Terms and Conditions, whether in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of Langton's own negligence or wilful misconduct.
    2. To the extent permitted by law, Langton's liability for loss or damage of any kind arising out of the Website or these Terms and Conditions or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
  24. Website
    1. Langton's, like all online businesses, is dependent on third parties for its infrastructure and services. Langton's therefore gives no warranty that continuous access to the Website will be available at all times.
    2. While every effort will be made to rectify the services under Langton's control and the services controlled by Langton's third party suppliers in a timely manner, Langton's takes no responsibility for any losses incurred as a result of being unable to bid at Auction or access the Website.
    3. Should a technological issue with the Website prevent the fair and accurate conduct of an Auction, Langton's may at its sole discretion extend the Auction beyond its advertised closing time and date to at least 24 hours and no more than 7 days after the original closing time and date. Should Langton's amend the closing time under this clause 24.3, it will notify relevant bidders by email and on the Website.
  25. Privacy
    1. Our Privacy Policy forms part of Langton's Terms of trading. It is available separately and can be read by clicking 'Privacy' located on the bottom margin of the Website (adjacent to Terms & Conditions).
    2. You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail) where you have opted in to receive such electronic messages sent to you by Langton’s via those channels or media. Once you have opted in your agreement to receive commercial electronic messages from us will be effective until you opt out.
    3. You may opt out of the receipt of commercial electronic messages, by using the unsubscribe facility in the footer of any commercial electronic message. If you tell us you opt out of the receipt of such material, you will only receive information we are required by law to provide to you or factual information directly about your account, including changes to these Terms, the Privacy Policy, account transactions or other important information relating to products you have purchased.
    4. Opting out of receiving commercial electronic messages from Langton’s will not withdraw your consent to receive messages from other Endeavour Group Limited brands. Any consent you have provided to receive commercial electronic messages from other Endeavour Group Limited brands are governed under separate terms and conditions that apply to those other Endeavour Group Limited brands. If you would like to opt out of other Endeavour Group Limited brands, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.
  26. Governing Law

    These Terms and any contract including them shall be governed by the laws of the State of New South Wales.

  27. Changes to Terms and Conditions

    Langton's may amend these Terms at any time, without notifying you, and such amendments will be effective as soon as they are posted. For future orders, these Terms may therefore be different. Langton’s recommends that you read these Terms carefully each time you agree to them while using the Website. If, following any such change, you continue to use the Website, then you will be deemed to have accepted the amendments.

  28. General
    1. The singular shall include the plural and vice versa, words importing any gender shall include every other gender, and where there is more than one party comprising Seller or Buyer, they shall be bound jointly and severally.
    2. The words include, including, for example or such as are not to be interpreted as words of limitation, and when such words introduce an example, they do not limit the meaning of the words to which the example relates, or to examples of a similar kind.
    3. All communications shall be by notice in writing and sent to Langton's and the Seller or Buyer at their addresses, facsimile numbers and email addresses as advised from time to time. A notice shall be deemed received when the sender hand delivers it or (if by fax or email) the receiver receives confirmation of receipt and in any event within 24 hours of sending the notice.
    4. No waiver or failure or delay to act by Langton's in respect to any default on the part of Buyer or Seller in the performance of these terms and conditions shall prevent actioning that or any other default by the Seller or Buyer.
    5. If any provision of these Terms is deemed to be unlawful or unenforceable it is to be severed from these Terms and all other remaining provisions remain in force.
ABN: 77 159 767 843. New South Wales: Liquor Act 2007. No Alcohol can be sold or supplied to anyone under 18. It's against the law. License Number: LIQP770010303 Victoria: WARNING - Under the Liquor Control Reform Act 1998, it is an offence: To supply alcohol to a person under the age of 18 years [Penalty exceeds $19,000]; For a person under the age of 18 years to purchase or receive liquor [Penalty exceeds $800]. License Number: 32055289