Terms & Conditions

• Our stores operate under Construktion Pty Ltd trading as Blackhearts & Sparrows Wine Purveyors. A.B.N 99-522-496-196. Victorian Packaged Liquor Licences 32061442, 32000771, 32000022, 32062935, 32063965.

• Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $8,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700).

• All orders are subject to stock being available.

• Blackhearts & Sparrows Wine Purveyors reserves the right to cancel any order, at which time we will immediately notify this action by e-mail or phone using the details provided. We will provide a refund using the original payment method.

• Vintages and prices are subject to change without notice. Bottle shots used to advertise products may show different vintages to those that are currently available.

• No material from this site can be reproduced without the express permission of Blackhearts & Sparrows Wine Purveyors.

Gift Card Terms & Conditions
This document contains the full set of terms of use governing your use of the Gift Card.We recommend that you read this document carefully before using the Gift Card. If you have any questions or would like more information about your Gift Card, please call 03 9486 8046 or see in-store.

Accepting the Gift Card and agreeing to these Terms of Use
By purchasing, redeeming or attempting to redeem a Gift Card, you: accept and agree to be bound by these Terms of Use; and acknowledge that you have read and understood our Privacy and Security Notice available by calling 03 9486 8046.

How and where you can use the Gift Card
Your Gift Card may only be used at Blackhearts & Sparrows Wine Purveyors stores. The retailer will accept the Gift Card in accordance with these Terms of Use and any applicable law.

You acknowledge that the Gift Card may not be used:
• to pay a store or credit account.
• to purchase goods or services that a retailer is not permitted to supply to you (a retailer cannot by law sell alcohol to you if you are under 18 yearsof age)
• for purchases over the Internet or by email, phone or fax.

How to load the Gift Card at stores (for Gift Cards purchased in-store)
Present the card to the point of sale operator. Check that the card has not been removed from the cardboard carrier and the panel on the back of the card has not been tampered with or removed. If it has been tampered with or removed, give the card to the operator to be destroyed and select a new one. Nominate the value you wish to be loaded on the card. A minimum of $10.00 and a maximum of $1000.00 can be loaded on each card.

Pay for your Gift Card with the tender of your choice (other than a Gift Card). The transaction will be completed when the card is activated through our point of sale system. Gift Cards cannot be reloaded.
Note: there may be a delay with the Gift Card activating in the system once loaded. During this delay, the Gift Card cannot be used for purchases or transaction enquiries.

Purchases with your Gift Card
Select goods in your participating store with a Gift Card and take them to the point of sale operator. The operator will instruct you to swipe your card in the point of sale system. The transaction will be completed when the balance has reduced on your Gift Card. No change will be given: any remaining balance on the card can only be used in whole or part against future purchases. You agree that we can reduce the Remaining Card Value by
the value of all purchases of goods and services that are authorised by you.

Transactions are authorised by you by:
• swiping your Gift Card or allowing an operator or other person to do so, at an electronic point of sale terminal at a participating retailer; or
• giving a participating retailer details of the Gift Card and authorising the transaction in some other way approved by that retailer. When you authorise a transaction:
• you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
• you are agreeing to pay the amount of that transaction by the reduction of the Remaining Card Value.

Purchases exceeding the Gift Card value
Your Gift Card may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using another payment method.

No cash advances
You cannot obtain any cash advance with your Gift Card or redeem your Gift Card for cash.

Validity and expiry of Gift Cards
Your Gift Card will be valid for use for one year from the date of issue (or as otherwise extended by us). Any balance that remains on a Gift Card will not be available for use after the card’s expiry date. To check the expiry date of your Gift Card.

Re-issue of faulty or damaged Gift Cards
Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of the participating retailer.

Destruction of Gift Card with no value
Once the Remaining Card Value is completely used, destroy your card by cutting it in half diagonally. Your Gift Card cannot be reloaded.

Lost or stolen Gift Cards
Treat your Gift Card like cash. Lost or stolen cards will not be replaced or refunded.

Can I cancel my Gift Card?
No, you cannot cancel your Gift Card.

Exchanging items purchased with a Gift Card.
Goods that are purchased solely, or in part with a Gift Card may be exchanged or returned subject to the exchange and returns policy of Blackhearts & Sparrows Wine Purveyors. The exchange and returns policy may include the right to issue a Gift Card instead of other
tender, cash or discount.

Your Gift Card, your responsibility
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.

Changes to Terms of Use
We reserve the right to change any of the terms contained in these Terms of Use at any time where the change is required:
• To add or remove goods or services which may be purchased with the Gift Card;
• For infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
• To comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
• Where we, acting reasonably, consider that it will not be to your detriment.

Errors and complaints
Gift Cards
If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 03 9486 8046.

Goods or services
Any complaints about goods or services purchased with a Gift Card must be resolved directly with the Blackhearts & Sparrows Wine Purveyors store concerned.

Force majeure
To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

Applicable law
These Terms of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute arising from your receipt or use of a Gift Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).