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Website Terms of Use... The Legal Stuff

These Terms of Use (the Terms) govern the use of https://www.winedirect.com.au (the Website) and all related sites and content including copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs and other intellectual property.

The Website and all its content is owned and operated by Wine Direct Pty Ltd (ACN 094 072 830) (Wine Direct).

By visiting and using the Website you accept and agree to be bound by all the Terms. Wine Direct may vary these Terms at any time, and by continuing to use the Website you consent to any variation. Wine Direct will not notify users of any variations, so please regularly check these Terms for any variations. If you do not accept these Terms, please do not use the Website.

Certain material provided or available on or through the Website may be stated to be subject to special or additional rules or conditions which will form part of these Terms.

Copyright

All copyright and other rights (including, without limitation, intellectual property rights) in and to the Website and the material on the Website are owned by Wine Direct. Users may not use, adapt, modify, sell, licence, distribute, transmit, display, publish or create works derived from the Website or the material without prior written consent from Wine Direct, which may be withheld in the absolute discretion of Wine Direct (except as otherwise permitted by applicable law). The long and the short of it is, if you want to use anything on the site, just check with us first.

The Website

The Website may, either now or in the future, contain links to other websites which may be controlled by third parties (Third Party Websites). Wine Direct is not responsible for any content on Third Party Websites nor does it enforce or approve such websites. The user accepts that visiting Third Party Websites is done at the users own risk and enquiries should be made when relying on any content contained in Third Party Websites. Wine Direct makes no representations or warranty on the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

This Website may also use “cookie” information collection technology. Cookies may also be used by companies to which we link. It is the user’s responsibility to use a browser which does not (or is configured not to) accept cookies should the user not wish to receive them. Be advised, however, that doing so may limit the functionality of the Website.

Disclaimer

Whilst Wine Direct derives information from sources which Wine Direct believe to be accurate and up to date at the time of publication, aside from our obligations under the Australian Consumer Law, Wine Direct makes no representation or warranty that the content on the Website is accurate, up to date or complete or that any expressions of opinion or statements of intention are reasonable or honest.

Wine Direct do not warrant or guarantee that access to the Website will be uninterrupted or error free, that any defects will be corrected immediately or that the Website will be free from viruses or contamination.

Wine Direct may make changes to the materials and services at this Website, or to the products and services described in them, at any time without notice. The materials and services at this Website may be out of date, and Wine Direct makes no commitment to update the materials and services at this Website.

Information published at this Website may refer to products, programs or services that are not available in your region.

Pricing

All prices quoted on this site are subject to change without notice due to market and currency fluctuations, changes in duty, GST and other government charges and current stocks remaining unsold.

Stock Availability

If your order includes a product that is not available, we will contact you and provide suggestions on another product as near as possible in style, quality and price.

Whilst every effort is made to ensure that all vintages are current, due to the nature of the industry, vintages may change suddenly depending on supply and stockholdings of the producer. If the stocked vintage changes before you receive your order, where possible, we will contact you to inform you of the change to the vintage and determine if you still want the product.

Orders

When placing an order via the Website, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.

Secure Online Payments

You must pay for your goods at the time of order.

Wine Direct use Braintree to process your credit card payment. Your complete credit card number cannot be viewed by Wine Direct or any outside party. We never permanently store complete credit card details on site. Please visit https://www.braintreepayments.com/au for more information.

Payment via PayPal on standard orders can only be sent to a single shipping address. Details of the terms of use of PayPal can be found on their website, https://www.paypal.com/au/webapps/mpp/home.

Payment via zipPay on standard orders can only be sent to a single shipping address. Details of the terms of use of zipPay can be found on their website, https://zip.co.

Liquor Laws

Wine Direct supports the responsible service of alcohol. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. Wine Direct holds a Packaged Liquor & Sales Licence under the Liquor Licensing Act 1997 (SA), Licence number 57701649.

If you are a Northern Territory resident or ordering for delivery to the Northern Territory the listing of a product on the Website does not constitute an offer to sell that product to you. Prior to any offer or acceptance, additional price checks will be completed and the price of the product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation. This may change the final price calculation for your order.

Returns and Claims

Claims for broken or damaged goods must be reported within 24 hours of delivery, so make sure you check your order as soon as you receive it. Requests for returns for credit or exchange must be made within 30 days.

Cancellations

Wine Direct may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. Any cancellation shall be by notice to you via any of the contact details you have provided. The circumstances in which we may cancel your order are if:

  • any of the ordered products are not available;
  • there was any error in the description of any ordered products or their price as advertised by us;
  • your order is in breach of these or any other relevant terms and conditions or is contrary to any law; or
  • these Terms provide that we may not deliver your order.

You cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact us as soon as possible on Freecall 1800 64 9463, email sales@winedirect.com.au or fax +61 8 8234 078. If we agree to you changing or cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, to the ordered products being in their original condition and packaging and to you agree to pay an amount we request on account of our reasonable costs of processing the change or cancellation.

Delivery

Wine Direct uses the specialised wine delivery network at Australia Post to deliver your goods. This service may only deliver to the adult purchaser or an adult person nominated by the purchaser and requires a signed declaration from the person accepting the delivery stating their name and that they are 18 or over. You may be asked to produce an approved form of identification. A minor can be fined if they lie about their age, or if they show false evidence of age/identity in order to take delivery of liquor.

We may notify you of delivery conditions relating to your particular order at or before the time of processing it.

If you choose to have the goods delivered to your home or business and you are out when the delivery is attempted, a card will be placed in your letterbox and your package will be securely stored at your local post office for collection. The post office keeps your parcel for a maximum of 14 days.

Delivery can take up to 10 working days, but this time frame can be shorter depending on the overall pressure on the delivery network at that particular time, your distance from major centers and product availability. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.

For deliveries to South Australia, you agree that on delivery, the recipient of delivery will be required to sign a declaration confirming their name and that they are over 18 years of age, and if the recipient looks under 25 (at the discretion of the delivery person), provide proof of ID (including photographic identification and date of birth) and the name and date of birth of the recipient will be recorded. Information collected and recorded under this condition will be held for a minimum of 12 months.

If the recipient is unable to comply with delivery conditions, 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 an unattended delivery address, and the law permits us to do so.

We (including our contractors) may record all details of and incidental to deliveries. Our records may include details of the forms of identification and taking a photograph. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, complying with record keeping requirements under liquor licensing laws and law enforcement.

Risk

You agree that risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).

Vouchers

Vouchers are not legal tender. Unused portions of a voucher’s value will be available as a credit in your account. Vouchers are not redeemable for cash. Voucher codes are only usable once unless otherwise stated. Wine Direct is not responsible for lost or stolen voucher codes. Voucher codes expire three years after issue unless otherwise stated.

Correspondance

By placing an order with Wine Direct you agree to receive correspondence from us including but not limited to information as it relates to your purchase(s) along with promotional material as we see fit to conduct the normal course of our business. In the case of promotional correspondence, you are free to unsubscribe from this free service at any time.

Customer Accounts

We can only allow one customer account per user. If a user is found to have more than one customer account, we will close whichever account(s) we see fit and any credits attained through these additional accounts will be cancelled. Any orders found to be placed by such accounts may be cancelled at our discretion and subsequent credit accrued may be voided.

Earning Credit

At times we may offer credit for such activities as referring friends to us, reviewing products or other activities at our discretion. These credits will expire after 12 months. We reserve the right to modify or cancel any unused credits at any time.

Secret Offers

At times we may offer deals where the producer and/or wine is not revealed. In cases where we do this, it is to allow us to offer you a product at a certain price. If you become aware of the identity of the producer or product, we ask that you do not share this information, particularly online.

Information

Any personal information collected on the Website will be in accordance with our Privacy Policy, which can be viewed here.

All information, advice or other data on the Website is provided as general information only and should not be relied upon. Use of and any reliance upon the Website and its content are entirely at your own risk.

Subject to the Australian Consumer Law, Wine Direct will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from reliance upon the Website.

General

These Terms are governed by the laws of South Australia, and any dispute in relation to these Terms or your access or use of the Website will be the exclusive jurisdiction of the Courts in South Australia.

If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force. Any failure by Wine Direct to act or enforce these Terms immediately will not be considered a waiver to take any such action.

© 2020 Wine Direct Pty Ltd. All Rights Reserved.