Terms & Conditions
In these Terms and Conditions “we” and “us” refers to the Enoteca Sileno and L. Di Santo Pty, 920 Lygon Street, Carlton North and “you” means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract can only be varied in writing by letter or email.
Legal Capacity to Transact
If you are under the age eighteen (18) years you cannot place orders with Enoteca Sileno Online Store. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
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 $6,000) For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500)
Placing Your Order
When you place an order with Enoteca Sileno via our website or over the telephone you make an offer to us to purchase the products you have selected based on these Terms and Conditions.
Information contained on the Enoteca Sileno website constitutes an invitation to treat. No information on our website constitutes, or should be deemed as, a guarantee that we can supply any product, however, we will make every effort to supply products to you.
If we cannot process or accept your Order after payment is received we will contact you by email or telephone
We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
Enoteca Sileno reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Payment Methods and Processing
Enoteca Sileno currently accepts payment by Visa, MasterCard and American Express. Payment processing will not begin until we receive all the information we need. You may be required to provide further identification for additional security reference checks.
Enoteca Sileno purchases include GST where applicable.
Enoteca Sileno reserves the right to change prices for products displayed on the Enoteca Sileno website at any time before you place an order.
The price of products shown excludes shipping costs. Shipping cost is shown separately on the product page and is set at a flat rate Australia wide.
Delivery of Your Products
Enoteca Sileno chooses Fastways Couriers to deliver our goods in optimal condition, especially for orders of wine and other glass packaged products. Please note that couriers will not deliver to a Post Office Box number.
During busy periods such as Christmas and Easter, delivery may take up to 5 working days from the date your payment is processed, however we do not guarantee that we will deliver within this time frame.
Enoteca Sileno will make every effort to deliver your order according to the estimated delivery times. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Please take care to enter your delivery address accurately and completely, as Enoteca Sileno will not take responsibility for any deliveries which are lost as a result of incomplete or incorrect details.
Unless otherwise agreed by us, we will deliver your products to the address indicated on your order confirmation. If no-one is available to take delivery of your Products, our carrier (Fastway Couriers or Australia Post) will leave a card so you can pick-up from the Fastway depot or Post Office. Title and risk of loss to all Products will pass to you on delivery.
Consumer guarantees apply under the Australian Consumer Law. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
If you have received incorrect or broken items, please notify us within 24 hours of receiving the goods either by telephone or email and we will arrange a replacement or refund. We are able to receive your call or message 7 days a week, except on public holidays.
At the time of delivery, should the parcel show any evidence of damage or leakage, this must be noted when the products are signed for and then written on the courier’s delivery docket.
At Enoteca Sileno we pride ourselves on the quality of our Food and Wine products. However if you believe that an Enoteca Sileno product has an unsatisfactory defect, please contact us within 7 days of receiving the goods. We will then determine whether to make a refund or provide a replacement.
The returns process requires that most of the content of the product be returned to us. Bottles of wine should be returned with most of its contents and original cork. Products claimed to be faulty will be assessed by Enoteca Sileno, however some products may need to be returned to the supplier/ manufacturer for further analysis and testing.
If the product is determined to be free of any fault or defect, it will be returned to you and you will be required to pay any costs incurred in freight and testing.
Please see our Frequently Asked Questions on Returns.
IMPORTANT: There are no returns or refunds for Confectionery products.
Returning a Product if You Change Your Mind
Please take care in making your products selection. Our website and online store has been designed to provide you with as much information as possible to help you make the right decision. Additional product information is available via the e-mail address and telephone numbers on the Contact Us page.
“Change of mind” returns will be considered on the grounds of the type of product in question and the condition in which it is returned and will be at the discretion of management.
We cannot accept the return of opened products except where a defect has been discovered upon opening the product. There are no returns or refunds for Confectionery products.
All freight costs incurred for returning products due to “change of mind” will be borne by the customer.
Returns of Aged Wines
A selection of aged Italian wines will be available on the Enoteca Sileno website. These wines are in excellent condition in terms of their cellaring history, levels, labels and physical appearance.
However, there is always a risk inherent to the purchase of aged wines and purchasing such wines implies that you accept that risk and all losses ensuing from purchasing a tired or undrinkable aged wine. If you contact us within a reasonable period from the delivery of the wines, we will always try to find a reasonable and satisfactory outcome, but there is no guarantee.
If a refund is offered for orders placed online or over the telephone, it will only be credited back to the original credit card used to make the purchase.
To the extent permitted by law:
Our maximum aggregate liability for any product supplied to you shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Enoteca Sileno. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Enoteca Sileno reserves the right to change the Terms and Conditions of sale at any time.
No Enoteca Sileno or L.Di Santo Pty Ltd employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
To the extent permitted by law, Enoteca Sileno is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Enoteca Sileno, and Enoteca Sileno shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.
Although every effort has been made to ensure the accuracy of the information and data contained on this web site, visitors to the site should note that this information and data is subject to change without notice, and its use, for whatever purpose is at your sole risk. No warranties, either express or implied are provided by Enoteca Sileno and all promotional deals and offers are subject to terms and conditions which may vary from time to time and to the availability of stock.
Enoteca Sileno’s agents, officers and employees: 1. Make no representations, expressed or implied, as to the accuracy of the information and data contained on this site. 2. Accept no liability for any use of the said information and data or reliance placed on it. 3. Make no representations, either expressed or implied, as to the suitability of the said information and data for any particular purpose; and 4. Make no warranties that the said information and data is free of infection by computer viruses or other contamination.
No contents or images on this website can be reproduced without the written permission of Enoteca Sileno.