Terms & Conditions

TERMS OF USE

Sale of wines through Online Wine is made under South Australian liquor licence. The following Terms of Use (Terms), together with our Privacy Policy are the complete terms of a legal agreement between you and Online Wine Pty Limited. ABN in relation to your access to and use of this website and the supply of products ordered via the website (if applicable). By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. By ordering products or services from the website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use this website. Online Wine may alter these Terms from time to time by posting the altered version on this website. You should visit the website regularly to keep up to date with any alterations. By continuing to use this website, you accept the Terms current at the time you access and use it.


Intellectual property:

Material and content displayed on or comprised by the website, including but not limited to text, graphics, logos, button icons, images, the website layout and software, is subject to copyright owned by Online Wine, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the website may be the subject of registered trade marks of Online Wine, its related entities or its product suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the website only for your own private non-commercial use and to order products via the website. This permission is subject to you not modifying the content displayed on this site, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website. Any other use of material on the website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.


Information on the website:

Information on this website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This website may contain technical inaccuracies or typographical errors. Online Wine assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products or services described on this website.


Third-party material:

The website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). Online Wine is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites. Online Wine does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. Online Wine is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.


Viruses:

You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.

You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website, including, but not limited to, by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the website or any computer. You must not post on the website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. Online Wine may block/delete from the website any material posted to the website that Online Wine decides contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must not attempt to use the website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the website in contravention of these Terms may result in you being banned from the website, being liable to Online Wine for breach of contract and/or infringing applicable law


Disclaimer of warranty:

Use of this website is at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided ?as is?, with no warranties or guarantees whatsoever. Online Wine expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Online Wine does not represent or warrant that the functions within the website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements. You agree that in using the website you have not relied on any statement or representation made by Online Wine not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, Online Wine limits its liability for breach of any such warranties, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Online Wine’s discretion.


Limitation of liability:

To the extent legally permitted, in no event will Online Wine be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced or accessed through this website, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Online Wine is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Online Wine’s maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.


Indemnity:

You agree to indemnify, defend, and hold harmless Online Wine, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.


Password security:

If you are allocated a password to access any part of the website, you are responsible to prevent the password being disclosed to any third party.


Privacy:

Your privacy is important to Online Wine. Online Wine deploys encryption and other technology with the aim of protecting credit card information and the customer database. Access to this database within Online Wine is restricted. Online Wine does not sell, trade or rent personal information. By providing your details to Online Wine via the website, you consent to Online Wine maintaining, recording, holding and using that information to process its orders, to improve service to customers and to inform you of promotions. Further information about the collection and use of your personal information is contained in our Privacy Policy.


Buyers:

To buy liquor via our website, you must be over 18 years of age and specify a delivery address within Australia. All the details that you have provided in completing the order and the offer to purchase the liquor are true and correct. If you do not confirm that you are 18 years or over, your order will not be processed. If buying wine as a gift, the recipient must also be over 18 years of age. You confirm that recipients of wine you purchase via our website are over 18 years of age. You must provide a valid and current form of ID confirming your age (such as a drivers licence, passport or proof of age card) at the time of delivery. If you are unable to produce appropriate ID confirming your age, the carrier will not supply the wine to you. However, you will be responsible for our charges in arranging supply and delivery (and return to us, if necessary).


Special offers:

We may provide special offers in relation to our products and services from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to products or services ordered by you in accordance with these Terms before the date the special offer was terminated.


Prices:

Prices stated are in Australian dollars. Wine (including sparkling wine and Champagne) prices are per bottle in a mixed or straight dozen unless otherwise stated. Sprits prices are per bottle in a mixed or straight dozen which may include wine. Beer prices are per case with the unit quantity as specified. Prices include GST but exclude delivery charges and repack charges, unless otherwise stated.


Payment:

The full payment for your order (including the product price and applicable delivery and repack charges) is deducted from your credit card on completion of your order. Delivery will not commence until payment has been processed/validated. We accept payment by Visa, MasterCard and American Express. Credit card details are processed using encryption technology.


Pricing and product description errors:

If a product inadvertently appears on our website at the wrong price or with a wrong description, we may decline or cancel any orders placed at the wrong price or based on the wrong description, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase at the wrong price or based on a wrong description and the order is cancelled, we will notify you and issue a credit to your credit card account in the amount charged.


Product availability:

All wine is offered for sale subject to available stock. If a product is out of stock, we will contact you to offer a substitute wine of at least equal quality. If you do not accept a substitute wine and your credit card has been charged for wine that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.


Retail limits:

We reserve the right to limit sales to retail quantities. If we deem in our absolute discretion that the order is not within a reasonable retail quantity, we will cancel your order and issue a credit to your credit card account in the amount charged.


Delivery:

We deliver Australia wide, using our delivery partner Allied Express. Delivery fees and repack charges may apply. Please refer to our Home Page for Details. Allied Express and their sub-contractors endeavor to deliver wine within the Sydney metropolitan area within 2-3 working days, and to all other Australian capital city metropolitan areas within 5-7 working days. For delivery addresses in Australian regional centers and outside metropolitan capital cities, allow at least 10 working days. In outlying or remote areas, delivery will take a little longer. Delivery times are also subject to availability of stock. Accordingly, we do not guarantee any specific delivery date.

 

To ensure delivery and tracking of your wine, you must specify a delivery address where you will be available to sign for receipt upon delivery during normal business hours.

 

Goods are normally delivered Monday to Friday between 9.00 am and 5.00 pm (excluding public holidays) to either business premises or a residence, as you nominate. Unless you have given us other instructions in relation to delivery when placing your order, if you are not present at the time of delivery or if for any reason the carrier cannot deliver to your specified delivery address the goods will be returned to carriers depot awaiting further instructions. Goods will not be left at unattended premises without specific instructions from you when placing the order nor will they be left with persons under the age of 18 years (proof of age will be required). If the goods cannot be delivered as the premises are unattended or there is no specific delivery instructions, the carrier will leave a ?sorry we missed you card?. You should contact us or Allied Express within 7 days of receiving the ?sorry we missed you card? to arrange redelivery. Redelivery fees may apply. We are not responsible for goods that are left unattended at your request or that remain unclaimed for your failure to contact Online Wine or Allied Express. To ensure the safe delivery and tracking of your goods, you must specify a delivery address where you will be available to sign for receipt upon delivery during normal business hours. We do not deliver to PO Boxes in metropolitan areas. In regional areas, we will deliver to PO Boxes but only when you have made prior arrangements with that post office for them to receive your delivery.


Minimum Delivery:

Orders must be for a minimum of 12 bottles unless a different case size applies to a particular product as indicated on our website. We deliver both straight and mixed cases.


Where we deliver:

We deliver wine anywhere in Australia, except for areas that are classified by the Australian Government as dry zones or Australian Islands that are classified as in International Waters. If you are unsure whether we can deliver to your area, please call us on 13 8881.


Alcohol and Dry Area restrictions for Queensland:

Delivery into the following areas is restricted. Our carriers will not deliver to the following postcodes: Aurukun Postcode ? 4871, Bamaga Postcode ? 4876, Cherbourg Postcode ? 4605, Doomadgee Postcode ? 4830, Hope Vale Postcode ? 4871, Injinoo Map Postcode ? 4876, Kowanyama Postcode ? 4871, Lockhart River Postcode ? 4871, Mapoon Postcode ? 4871, Mornington Island Postcode ? 4825, Napranum Postcode ? 4874, New Mapoon Postcode ? 4876, Palm Island Postcode ? 4816, Pormpuraaw Postcode ? 4871, Seisia Postcode ? 4876, Umagico Postcode ? 4876, Woorabinda Postcode ? 4713, Wujal Wujal Postcode ? 4873 and Yarrabah Postcode ? 4871.

 

These locations may be added to or modified from time to time.


Undeliverable Wines:

If a carton of wine is deemed undeliverable by Allied they will advise us and we will contact you to arrange re-delivery in accordance with these Terms.


Deliver Charges:

We charge a delivery for every carton determined by postcode. Delivery charges are based on a 12 bottle case. Please refer to our Home Page for more detailed freight charges by postcode.


Re-pack Charges:

We charge a repack charge for mixed case orders. Please refer to our Home Page for more detailed information of this charge.


Risk:

Risk of damage, loss or deterioration to products passes to you on delivery in accordance with these Terms.


Title:

Products ordered by you remain our property until you pay for them in full.


Product warranties:

We warrant that products supplied by us via the OnlineWine.com.au website will be of merchantable quality when delivered. To the extent legally permitted, we expressly disclaim all other express, implied, statutory and other warranties, guarantees and representations. If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, our liability for breach of any such warranties, conditions or representations and the warranty given in respect of merchantable quality is limited to the replacement or resupply of the affected products or services or a refund of the costs of the products or services, at our discretion.


Returns:

We guarantee our wine. If, after trying a bottle, you are not satisfied, please call us on 13 8881 and we will arrange for Allied to collect the wine from you at a mutually convenient time during Monday to Friday 9 am to 5 pm (excluding public holidays). We will issue you a credit in the amount paid for the returned wines.


Limitation of liability:

To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via the OnlineWine.com.au website or the use of such products or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.


Indemnity:

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to products and services supplied by us.


Notices to you:

We may notify you by email, a general notice on the OnlineWine.com.au website, or by other reliable method to an address previously provided by you.


Force majeure:

You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.


Entire Agreement:

These Terms (including any terms or policies it incorporates by reference) constitute the entire agreement between you and us concerning its subject matter and supersedes all prior communications.


Alterations:

We may alter these Terms from time to time by posting the altered version on our website at www.OnlineWine.com.au. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect.


Applicable law:

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.


Warning:

We recommend that you consume alcohol responsibly and only in moderation. Please enjoy your wine in moderation.

 

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