Terms of service

Website Terms and Conditions

 

Welcome to The Wine Collective’s website

Wine Collective Holdings Pty Ltd (ABN 45 003 409 603) and its related entities (‘The Wine Collective’) are pleased to provide you with access to their website located at www.thewinecollective.com.au on the following terms and conditions.


By accessing or using The Wine Collective’s website you agree to be bound by these terms and conditions, as amended from time to time. If you do not agree to these terms and conditions, you may not use the website.


By accessing this website you represent and warrant to The Wine Collective that you are at least 18 years of age.


The terms and conditions govern both the use of this website and the goods and/or services that you purchase from The Wine Collective. 


Material on the website

The Wine Collective may publish or make available on its website information, advertisements, product and service offers, wine data, wine valuations, software and links supplied by The Wine Collective and third parties. This website is provided on an “as is” basis and use of the website is at your own risk. While The Wine Collective takes care to ensure that this material is correct, current and not misleading, it does not accept responsibility for any error, omission or defect in any information, and does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of:

  • Any material published on The Wine Collective’s website;

  • Any material published on any website linked to The Wine Collective’s website; or

  • Any information received by you as a result of using The Wine Collective’s website.


The Wine Collective does not provide any warranty in relation to any goods or services advertised for sale on its website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended or owned by the seller. 


Personal and non-commercial use

The Wine Collective’s website is for your personal and non-commercial use only. You must not:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish or licence any of the abovementioned material;

  • Use or attempt to use any of the abovementioned material to create a website or publication;

  • Mirror or frame The Wine Collective’s website or any page within the website;

  • Use any automated process to query, access or copy any of the abovementioned material, or generate or compile any document or database based on this material; or

  • Transfer or sell any information, functionality or products or services offered on The Wine Collective’s website without the written consent of The Wine Collective.


You must not use the website in any manner which is unlawful or which violates any right of us or other users. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.


The Wine Collective may terminate your right to access and use its website if you breach these terms and conditions. 




Limitation of liability

Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth.), as well as any other implied warranties under similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). To the fullest extent permissible by law, subject to any Non-Excludable Guarantees, The Wine Collective expressly excludes all terms, representations and warranties, express or implied, in connection with the operation of the website, your use of or access to the website, or inability to use or access the website, the results of your access or any information, content or products or services available on the website.  


To the fullest extent permitted by law, except for any liability that cannot by law be excluded, including under the Non-Excludable Guarantees, The Wine Collective excludes all liability in contract, tort (including negligence) or otherwise, or any loss or damage, whether direct, indirect, incidental, special and/or consequential, arising in any way out of any use of or access to the website, or any inability to use or access the website, the results of your access or any information, content or products or services available on the website.  


To the fullest extent permitted by law, for liability that cannot be excluded by law including under the Non-Excludable Guarantees, the liability of The Wine Collective shall be limited at its sole option to, if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired and, if the breach relates to services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.


For the purposes of this section, the term ‘The Wine Collective’ means the corporate entities in The Wine Collective group and its related entities, affiliates, partners and suppliers and their respective directors, officers, employees, contractors and agents, individually or collectively.


Indemnity

You agree to indemnify and keep indemnified The Wine Collective, its related entities, affiliates, and their respective officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the website (or any part of it) or the breach of these terms and conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.


Intellectual property rights

The Wine Collective’s website is owned and operated by The Wine Collective. You acknowledge and agree that all intellectual property rights in or relating to The Wine Collective’s website belong to The Wine Collective or its licensors, and that nothing in these terms and conditions constitutes a transfer of any intellectual property rights.

You may download and view content on The Wine Collective’s website, which may include, without limitation, text, graphics, icons, photographs and URLs, provided you do not:

  • Modify the content (including, without limitation, any copyright notice) in any way;

  • Make the content public; or

  • Use the content in a manner or for a purpose prohibited by these terms and conditions.


Content you supply

The Wine Collective may provide you with the ability to communicate with The Wine Collective, advertisers and other users of The Wine Collective’s website, including through agreements, online forms, electronic requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging.


When you post, upload or otherwise transmit content to The Wine Collective, you grant The Wine Collective a non-exclusive, payment-free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish that content and sub-license it for such purposes as The Wine Collective determines from time to time. The Wine Collective’s rights in such circumstances are, of course, subject to the constraints outlined in its Privacy Policy.


It is important to remember that communication services may be accessible by the general public and that The Wine Collective is not responsible for reviewing, screening, or approving the security of these services.


It is your responsibility to ensure that you do not:

  • Transmit any information or material which is incorrect, misleading or deceptive;

  • Transmit any defamatory, infringing, obscene, indecent or unlawful information or material;

  • Use communication services for any unlawful purpose;

  • Post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters via communication services other than as approved by The Wine Collective;

  • Download any file posted by another user of the communication services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions;

  • Excessively use communication services in a manner which may hinder or prevent The Wine Collective from providing services to any other persons or which may threaten the integrity or use by any person of The Wine Collective’s website; or

  • Authorise, aid, abet encourage or incite any person to do any of the above acts.


When you post, upload or otherwise transmit content to The Wine Collective, you represent and warrant to The Wine Collective that:

  • You are fully authorised to publish this content and authorise The Wine Collective to publish it;

  • Publication of content posted or submitted by you in accordance with these terms and conditions will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;

  • You have the ability to grant the content licence referred to above;

  • All content you post on The Wine Collective’s website or submit to The Wine Collective will, at all times, comply with all applicable laws, regulations and relevant industry codes;

  • You have obtained the consent of all individuals whose personal information is included in the content you post on The Wine Collective’s website or submit to The Wine Collective to:

    • The collection of that personal information by The Wine Collective; and

    • The use and disclosure of that personal information in accordance with The Wine Collective's Privacy Policy; and

  • All content you post on The Wine Collective’s website or submit to The Wine Collective will be current and accurate, and will not mislead or deceive end users of The Wine Collective’s website.


The Wine Collective may delete, edit, refuse to post or remove in whole or part any information or material uploaded, posted or provided by you.


Purchasing alcohol on The Wine Collective’s website

The following terms and conditions apply to the purchase of alcohol via The Wine Collective’s website. Your acknowledgment of these terms and conditions is required in order to complete any transaction on this website. If there is an inconsistency between these terms and conditions of purchase and the additional terms and conditions pertaining to the usage of the website set out in this document above, these terms and conditions of purchase will prevail to the extent of the inconsistency.


Responsible service of alcohol

Under Australian laws, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By opening an account with The Wine Collective and / or placing an order you are confirming to us that you are at least 18 years of age.

The Wine Collective also recommends that alcohol should only be consumed responsibly and  in moderation.


Registration

Prior to using The Wine Collective’s website to purchase goods, you must register your details on the website.

You must not register multiple times or use false or misleading information when registering or using The Wine Collective’s services and you must update your details if they have changed since you last used The Wine Collective’s services. The Wine Collective is not responsible for any loss or damage that you may suffer because you have not provided complete, accurate and up-to-date information.

When you register, you must provide a valid username and password to log into your account. You are responsible for the security of your username and password. We will assume that anyone using your username and password is authorised by you to do so.

We may send notifications to you by email or SMS, including:

  • Order confirmations;

  • Invoices;

  • Delivery status updates; and

  • Special offers and marketing programs that you have agreed to receive, including updates on any items on your wishlist.

We may also send push notifications to mobile applications.

We accept no responsibility for any loss or damage you suffer if you do not receive such notifications for any reason.

We will use your personal data in accordance with our Privacy Policy, which is available on The Wine Collective’s website.

 

Purchases made on the website

You must pay the purchase price (including any GST) in full for any goods purchased, together with all other applicable fees or charges, such as delivery charges.


You authorise The Wine Collective to debit your credit card or PayPal account for the total amount payable for any purchases made on your account.


The Wine Collective’s fulfilment processes are automated and as a result, orders cannot be amended, changed or cancelled.


The Wine Collective will only dispatch orders once it is satisfied that that it has received full payment. The placement of an order by you constitutes an offer by you. The Wine Collective will email a customer order confirmation confirming the details of your offer. A customer order confirmation does not in any way constitute acceptance of your offer by The Wine Collective.


The Wine Collective reserves the right in its absolute discretion at any time to subsequently not accept any offer despite emailing a customer order confirmation, or cancel, amend or revise any orders, or not provide goods or services. Without limiting the operation of any other terms and conditions herein, The Wine Collective will not be held liable for loss or damage arising from the exercising of these rights, including but without limitation to, any loss or damage caused by the late delivery or cancellation of an order or a product or service or amendment or revision of any order.


The Wine Collective’s agreement with you comes into existence when it accepts your payment and processes your order. The Wine Collective in its absolute discretion may permit you to cancel your order if it has not been fully processed by The Wine Collective.


Delivery

Any delivery times indicated by The Wine Collective are estimates only. The Wine Collective makes no guarantee that the goods will be received by the estimated time. 


You are responsible for entering the correct delivery details at time of ordering. The Wine Collective accepts no responsibility for late, lost or misdirected deliveries due to incorrect delivery details. You are responsible for any costs associated with resending the order to the correct address, if the goods are not lost.


You are responsible for contacting The Wine Collective should the order not be received.


To the extent permit by law, and without limiting the operation of any terms and conditions herein, you agree that late delivery does not constitute a breach of The Wine Collective’s agreement with you, or entitle you to cancel your order and The Wine Collective will not be liable for any loss or damage for any goods that are lost, stolen or damaged after the goods are delivered.


Currency and pricing

Unless otherwise shown, all the prices listed on The Wine Collective’s website are displayed in Australian dollars. The Wine Collective will make reasonable efforts to provide accurate product descriptions and pricing. All prices quoted and displayed on the website, including for goods and services, postage and handling fees, and other charges are current at the time of display, but are subject to variation without notice. Without limiting the operation of any other terms and conditions herein, The Wine Collective does not warrant that product descriptions or any other content of the website including prices and the numbers of available product is accurate, complete, reliable, current or error free. If a product price on The Wine Collective’s website is incorrect, The Wine Collective may decline or cancel any orders placed at that price, even if the order has been confirmed and a credit card charged. If your credit card was charged for a purchase and the order is cancelled, The Wine Collective will notify you and issue a credit to your credit card account in the amount of the cancelled order.

The Wine Collective may withdraw and / or re-offer any item listed for sale on its website if the item:

  • Becomes unavailable;

  • Is withdrawn by the manufacturer or supplier; or

  • Was incorrectly described or listed.


Recommended Retail Prices

Recommended Retail Prices (RRPs) listed on The Wine Collective’s website are typically obtained directly from the supplier or their agent. If RRPs are not readily available from the supplier, we will extrapolate an RRP based on the supplier's wholesale price plus a standard retail markup. Where a wine is from a non-current vintage, we will use either the current RRP for that wine or base the RRP on prices that the wine has been, or is being, sold for by other Australian retailers. If a wine imported from overseas has no notional RRP, we will determine an RRP based on our benchmarking of market competition. We pride ourselves in providing accurate RRPs, however if you believe an RRP to be inaccurate please let us know so we can investigate as a matter of priority.


Promotional offers & codes

Promotional codes cannot be stacked. Only one code can be applied per transaction. If a transaction is in breach of this condition, The Wine Collective reserves the right to cancel the order. In such situations, The Wine Collective will notify the customer using the contact number or email address provided at the time of purchase.

Loyalty points cannot be used in conjunction with any other offer or promotion.


Security

In order to purchase goods, you must provide valid credit card details. The Wine Collective uses Shopify Payments for online credit card transactions. Shopify Payments processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. Importantly: 

  • Payments are fully automated and an immediate response is provided.

  • Your complete credit card number cannot be viewed by The Wine Collective or any outside party.

  • All transactions are performed under a 128-bit SSL Certificate.

  • All transaction data is encrypted for storage within Shopify Payments’ bank-grade data centre, further protecting your credit card data.

  • Shopify Payments is an authorised third-party processor for all the major Australian banks.

  • Monies are transferred directly from your credit card to the merchant account held by The Wine Collective, so no other entity has access to your funds at any time.


Goods not to be resold

Users of The Wine Collective’s website acknowledge and confirm that all purchases made on the website are for the purpose of private consumption and / or collection and are not made with the intention of resale. They acknowledge and indemnify The Wine Collective for any additional costs incurred by The Wine Collective should goods be resold, and agree to hold in trust all profits made from the resale of such goods.


Handling of wine

Please note that a full case of wine weighs more than 16 kg. Consequently, The Wine Collective recommends that its customers take extra care when lifting deliveries. If you are concerned about lifting this weight, we suggest you move the bottles one or two at a time.


Emailing a friend

If you email a friend via The Wine Collective’s website, you warrant that:

  • the person to whom the email is addressed has consented to the email being sent; and 

  • indemnify The Wine Collective, its servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending the email or any contravention of the Spam Act 2003 (Cth).

 

Changes to these terms and conditions

The Wine Collective may, in its absolute discretion, modify or amend the terms and conditions upon which goods or services are supplied. Such amendments will be binding upon you once they are displayed on The Wine Collective’s website. You should regularly check the terms and conditions displayed on the website.

The Wine Collective may cease to provide you with access to its website or services without notice.

All rights not expressly granted are reserved.

 

Termination and Cancellation

The Wine Collective reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Without limiting the operation of any other terms and conditions herein, The Wine Collective will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on The Wine Collective’s liability will survive such termination. 


Severability

In the event that any provision of these terms and conditions is held to be invalid, illegal or unenforceable, that provision shall to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the terms and conditions will remain in full force and effect.

 

Governing law

These terms and conditions are governed by and construed in accordance with the laws of the State of New South Wales in Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State. The Wine Collective make no representation that the content of the website complies with the laws of any country outside Australia.