Terms and Conditions of Sale

Wine People Pty Ltd (ABN: 41 105 657 154) (The Australian Wine), whose registered office is Level 6, Suite 6.01, 1 Oxford Street, Darlinghurst NSW 2010 is a member of the UK based Direct Wines Ltd.

These Terms and Conditions of Sale (Terms and Conditions) apply if you want to purchase products from us via our website, coupons, catalogues, call centre or any other form of order (Sites). These Terms and Conditions should be read alongside and are in addition to our Terms and Conditions of Website Use and our Privacy Policy.

These Terms and Conditions apply to Laithwaite's Wine (collectively, The, we, us, our) in respect of each company's operations.

Please read these Terms and Conditions carefully before purchasing products from us and print and keep a copy of them for your reference. We may change the content of the Sites from time to time, including the Terms and Conditions. By using the Sites (by whatever means or device) you agree that you have read, understood and accept these Terms and Conditions (as amended from time to time). If you do not agree to be bound by these Terms and Conditions, you may not place an order with us.

1. Contract creation

The placing of an order anywhere on our Sites does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the dispatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the “Cancellations, Replacements and Refunds” section below. A contract is not formed at the point in time that payment has been taken from you by The nor at the point when you receive an email from The acknowledging receipt of your order.

The Wine's non-acceptance of an order may be a result of one of the following:

• The product(s) you ordered being unavailable from stock;
• Our inability to obtain authorisation for your payment;
• Our inability to verify that you are aged over 18;
• The identification of a pricing or product description error; or
• The repeated or fraudulent use of promo or coupon codes.

2. Prices

All prices are quoted in Australian Dollars on Australian Sites and may be per bottle or per case, as marked. Unless indicated otherwise, the prices include GST. Any delivery charges are additional, unless otherwise specified. The Wine accepts Visa, Mastercard, American Express and cheques.

Although we endeavour to ensure that all pricing information on our Sites is accurate, occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before dispatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order.

Where a particular wine is part of a pre-mix case with a general discount applied, the discounted price for the case is relative to the non-discounted prices for the constituent wines. We reserve the right to alter prices and delivery charges without notice in the event of major currency fluctuations, changes in the rate of GST or other taxes, or other market conditions. We also reserve the right to terminate any special offer at any time, without notice.

3. Availability

All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. Occasionally we have to substitute wines for another vintage or an alternative wine of equal or greater value. If you are unhappy with any substitutions you receive we will arrange collection at our cost.

4. Delivery

We deliver to most addresses in Australia. For further details of the prices and timeframes for delivery please go to the Delivery page of our website. We reserve the right to restrict deliveries or to withdraw services to individual customers' addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances.

Our deliveries are made by third party carriers. If you are not at home when your delivery arrives and do not give specific delivery instructions, the delivery driver will leave a card indicating that they were unable to deliver your wine, with details on how to go about receiving your missed case. A reminder card will be sent to you after five days. Cases not collected within 14 days of the initial attempted delivery will be returned to us and a The Wine Customer Service representative will contact you to arrange further delivery.

You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged.

5. The Wine Unlimited Membership

This clause applies to The Wine’s Unlimited Membership (Unlimited Membership). By paying one flat annual membership fee, the Unlimited Membership gives you fast and unlimited delivery on all 12 or more bottle purchases (including wine plans) for 12 months, to up to 5 different delivery addresses.

Membership is only available to customers aged 18 years or older and is not available for corporate customers. You must also have an account with The Wine to sign up for and use our Unlimited Membership.

Please note that the placing of an order for an Unlimited Membership does not constitute a contract. Your Unlimited Membership contract will only come into existence once we have written to you to confirm acceptance of your membership. This contract is between you and us. Nobody else has any rights under these Terms and Conditions or any rights to enforce these Terms and Conditions, and you may not transfer the rights, benefits or obligations under your Unlimited Membership to another person unless we agree to this in writing.

At the end of each year of your Unlimited Membership, we will automatically renew your Unlimited Membership for another year. We will remind you of this before the expiry of your Unlimited Membership year and you can notify us at any time that you do not want such renewal to happen by contacting our Customer Services team using one of the methods in the “Contact Us” section below. Unless you notify us otherwise, you authorise us to collect the annual membership fee (as notified to you in our renewal reminder) from the credit card registered with your account on expiry of each membership year.

We may terminate your Unlimited Membership or decide not to automatically renew it, with immediate effect and without notice to you if:

• we do not receive payment from you in respect of your Unlimited Membership;
• you are not eligible for membership;
• you do anything which is in breach of these Terms and Conditions; or
• you do anything which is illegal or harmful to our interests.

If we terminate your Unlimited Membership for any of the above reasons, we will retain the price paid for your membership as compensation.

We may also decide to not automatically renew your Unlimited Membership by giving you at least 1 month notice in writing prior to the end of your current membership year if we cease offering membership to our customers.

We may make changes to the Unlimited Membership from time-to-time. If these affect you we will notify you in advance.

6. Wine Plans

This clause applies to Wine Plans. Wine Plans offer a convenient and regular delivery of wine, every 12 weeks and at Christmas. Tasting notes for each case will either be included in your delivery or available for you to view online.

The credit card that you used to pay for the introductory case will be charged for all future Wine Plan cases. Your case will be delivered to the address we have on record for you and it's your responsibility to ensure that the contact details we hold on record for you (address and email address) are up-to-date.

There is no obligation to take further cases - you can miss a case or cancel your Wine Plan at any time.

If you want to make any changes you can:

• Change the frequency of your Wine Plan;
• Change the whole case to something different;
• Swap individual wines for your favourites or a wine you'd particularly like to try; or
• Change the delivery date.

If we don't hear from you by the date stated in our notification, we will dispatch a case to you and charge your credit card as agreed. If you have received a case and do not wish to retain it, you can cancel it in accordance with the instructions set out in the "Cancellations, Replacements and Refunds" section below.

We may make changes to your Wine Plan from time-to-time. If these affect you we will notify you in advance.

7. Cancellations, Replacements and Refunds

If you buy any of our wines and it is faulty or you don't like a bottle, please see our Quality Guarantee section below.

If you change your mind about some or all of your order, you may also cancel your order up to and including 14 calendar days after the day on which you receive your order and we will arrange to collect (free of charge) the unwanted products and reimburse the appropriate sum paid including delivery costs within 14 calendar days after the day on which you tell us that you wish to cancel.

However, if you handle the goods whilst they are in your possession in a way which would not be permitted in a shop (for example, by opening a bottle of wine or removing a seal), we will reduce your refund to reflect the reduction in the value of the goods.

Please let us know if you wish to cancel an order by contacting our Customer Services team using one of the methods in the “Contact Us” section below. If you are e-mailing us or writing to us please include details of your order to help us identify it.

All refunds given will be made by the same payment method you originally used to make payment.

8. Quality Guarantee

As we're so confident about all of our wines we are happy to replace or refund any bottles of wines which are faulty or that you don't enjoy, subject to the following conditions:

• If a bottle of wine is faulty
  If a bottle of wine is corked, oxidised or appears otherwise out of condition, provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the faulty bottle with a bottle of the same type of wine (or if not available, a bottle of another type of wine which is of equivalent value). Alternatively if you prefer we will refund you an amount equal to the value of the bottle. We reserve the right to ask you to provide evidence of the fault and/or to collect the faulty bottle for inspection (at our cost).
• If a bottle of wine is not faulty but you did not enjoy it.
• If, having opened a bottle, the wine was not to your taste, provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the bottle with a bottle of another type of wine which is of equivalent value. Alternatively, if you prefer we will refund you an amount equal to the value of the bottle. If you have any more unopened bottles of the same wine which you no longer want, we will arrange to collect them from you (free of charge) and replace them with bottles of another type of wine which are of equivalent value or if you prefer, give you a refund for an amount equivalent to their value.

If you don't enjoy any of the wines or suspect that they may be faulty please contact our Customer Services team using one of the methods in the “Contact Us” section below and one of our wine advisers will be more than happy to assist.

This Quality Guarantee is in addition to, and does not affect, your legal rights in respect of any of our products or services (for example, if any of our products are not of satisfactory quality). In particular, we are under a legal duty to supply goods that are in conformity with this contract. You have certain legal remedies if we breach these rights. To exercise your legal rights, please contact our Customer Services team using one of the methods in the “Contact Us” section below.

9. Security

All information (including credit card details) is sent and received using up-to-date secure e-commerce software. We continuously monitor and implement new security protocols and software as they become available. If you have any questions about any aspect of site security please contact our Customer Services team using one of the methods in the “Contact Us” section below.

10. Promotions

From time to time we may offer free delivery on selected products or purchase quantities. All such offers are governed by the advertised terms and conditions accompanying each offer.

Unless otherwise stated, promotional (promo) or coupon codes are non-transferable, cannot be used in conjunction with another offer, may not be sold at auction and have no cash alternative. Promo or coupon codes are for single use only and may only be redeemed once per household and credit card. Terms and conditions accompanying the specific promo or coupon code may apply. Where a promo or coupon codes is used in breach of the above conditions we reserve the right to refuse to supply wines to you or to make a charge equivalent to the value of the promo or coupon codes against the payment card used on the contravening order or take steps to redeem the products as we deem appropriate. A charge may be made to cover the cost of recovery of the products.

We reserve the right to terminate a promotion, cancel a promo or coupon code or alter its terms and conditions at any time without notice.

11. Re-Sale

Wines purchased from us are for the customer's own use only (which may include their use as gifts for third parties). Wines may not be re-sold or otherwise used for commercial purposes.

If you are a corporate partner or would like to hear about corporate partner opportunities, please contact us on tracy.ayres@theAustralianwine.com.au

12. Age Restrictions

It is against the law for any person under the age of 18 to buy, or attempt to buy alcohol or for any person over the age of 18 to buy or attempt to buy alcohol for any person under the age of 18. The Australian Wine People is committed to upholding its legal and social obligations as a retailer of alcohol. By placing an order you confirm that you and the recipient of the wine are at least 18 years old. If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the wine.

We will validate name, address, age and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions you consent to such checks being made. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency which may keep a record of that information. This is done only to confirm your identity. A credit card check is not performed and your credit rating will be unaffected. If we cannot verify your age using this method we will contact you to ask for a driver licence number (or other evidence) in order to proceed with the order.

13. Fraud and Crime Prevention

For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.

14. Intellectual Property Rights

In these Terms and Conditions, Intellectual Property means statutory and other proprietary rights in respect of trademarks, patents, circuit layouts, copyright, confidential information and all other rights with respect to intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967.

All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks and any other present and future Intellectual Property rights and rights in the nature of Intellectual Property rights existing in and to the Sites including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms and Conditions shall be construed as an assignment to you of any such Intellectual Property rights.

Any use (including copying, reproduction, duplication, transmission, or display of the content of the Sites, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.

Permission is granted to electronically copy, and to print in hard copy, portions of the Sites for the sole purpose of placing an order with us or using the Sites as a shopping resource.

15. Privacy and data protection

We collect and process information about you in accordance with our Privacy Policy. By using the Sites you consent to such collection and processing and you warrant that all data provided by you is accurate.

16. Risks, warnings and storage conditions

You should be aware of the following inherent risks and warnings in respect of our products:

• Alcohol should be consumed in moderation.
• A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.
• Red wine in particular may cause staining if spilt so extra care should be taken.
• Sparkling wines and champagnes can be volatile due to the build-up of gasses. Extra care should be taken when opening these.
• The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.

17. Limitation of Liability

We have taken all reasonable care in the preparation of the content of our Sites. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Sites or their contents (including, without limitation, its accuracy or any views or comments made).

You warrant and represent that you have not relied on any term, undertaking, inducement or representation made by, or on behalf of, The Australian Wine People which has not been expressly stated in these Terms and Conditions.

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Nothing in these Terms and Conditions excludes or limits The Australian Wine’s liability that may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations that are lawful in your jurisdiction apply to you and Laithwaite's Wine People’s liability is limited to the maximum extent permitted by law.

The Australian Wine excludes, to the maximum extent permitted by law, all (direct and indirect) or consequential liability that may arise as a result of the supply of specific goods and services under these Terms and Conditions arising under any theory of liability, including negligence.

The Australian Wine will not be liable to you or to any third party for any loss, damage or costs which arise in contract, tort (including negligence), under any statute or otherwise as a result of:

• Your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner;
• Your failure to comply with the recommendations set out in the “Risks, warnings and storage conditions” section above;
• Any spillages or breakages involving one or more of our products, unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective; or
• Your cause or contribution to the loss, damage or costs.

The Australian Wine excludes, to the maximum extent permitted by law all implied rights, remedies, guarantees, conditions and warranties of or in favour of you or a third party in respect of the supply of specific goods and services under these Terms and Conditions and in particular, if any term, condition or warranty is implied into these Terms and Conditions and cannot be excluded, then warranty will be limited as determined by The Australian Wine in its sole discretion to:

• in the case of goods, any one or more of the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; and
• in the case of services, the supplying of the services again (directly or indirectly) or the payment of the actual cost of having the services supplied again.

The Australian Wine limits its aggregate liability under or in connection to the supply of specific goods and services under these Terms and Conditions to the GST exclusive aggregate price paid by you for the specific goods or services that gave rise to the liability. Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms and Conditions is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen. The Australian Wine is not responsible for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any event which is outside of our control (for example, an act of God, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.

18. Indemnity

You must indemnify The Australian Wine against any claims, complaints or liabilities of any nature arising out of or in connection with your breach of these Terms and Conditions or any negligence, reckless or wilful act or omission by you or any person you are responsible for with respect to any non-compliance with laws and regulation or the violation of the rights of any third party.

19. Contact us

If you have any questions regarding orders or any general enquiries please do let us know by:

Australia

Email: customerservice@theAustralianwine.com.au

Post: Wine People Customer Service, PO Box 665, Strawberry Hills NSW 2012

Phone: 1300 362 629

20. General

Amendments

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the website. By continuing to use the Sites or purchasing products from us, you agree to be bound by the Terms and Conditions and any updates and amendments.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

Severability

If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, that part is taken to be deleted from the Terms and Conditions and will not affect enforceability of the remaining provisions.

No Waiver

The failure or neglect by The Australian Wine to enforce any of its rights under these Terms and Conditions will not be deemed to be a waiver of those rights.

Assignment

We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms and Conditions. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms and Conditions without our prior written consent.

Whole Agreement

These Terms and Conditions, the Terms and Conditions of Website Use and the Privacy Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Last Updated: 7 September 2016