Terms of Sale
By entering your details to make a purchase, you are offering to make a contract to purchase goods from The Online Wine Shop, ABN 91 648 649 125 (referred to herein as ‘The Online Wine Shop’). If The Online Wine Shop accept your offer, the goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.
The contract is made at our licensed premises from where the goods will be dispatched under our Liquor Licence no. 36121545.
Persons under 18 years of age are not permitted to place orders for alcohol and The Online Wine Shop supports the responsible service of alcohol.
Nature of the Contract.
You are able to use the The Online Wine Shop website (or email, telephone, fax or other method) to place an order for goods. The contract between you and The Online Wine Shop for the supply of those goods (“the Contract”) only comes into existence when The Online Wine Shop accepts your order.
The Online Wine Shop will notify you of acceptance and no obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract.
Orders cannot be cancelled once accepted, unless by arrangement with the management of The Online Wine Shop.
The Online Wine Shop will endeavour to ensure that wines are delivered within seven (14) working days of the date of acceptance of the order.
While The Online Wine Shop will use all reasonable endeavours to deliver by any requested or agreed date, it does not guarantee delivery on that date and is not liable for any Loss resulting from late delivery.
The Online Wine Shop will not be obliged to continue to deliver goods to you if your delivery address is not in an area within which The Online Wine Shop delivers goods. The Online Wine Shop will not deliver to a Post Office Box.
The goods will not be delivered to persons under the age of eighteen (18) years (The Online Wine Shop may request that the person who receives the goods provide satisfactory evidence of proof of age and will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age).
Anyone at the nominated delivery address who receives the goods shall be presumed by The Online Wine Shop to be authorised to receive the goods.
Delivery instructions are required for all orders and all efforts will be made to ensure these instructions are followed.
Orders are required to be in lots of twelve (12) bottles unless it is for a Special Offer 6 pack or magnum where a single unit applies.
Shipping is free Australia wide excluding regional areas in WA and NT. In the case where the cost of freight exceeds the standard amount, the buyer will be contacted and given the opportunity to pay for freight. Alternatively the order can be cancelled.
The Online Wine Shop may provide Special Offers in relation to our products and services from time to time.
At any time, The Online Wine Shop 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.
All specials, promotions, clearances, offers and discounted items advertised on the The Online Wine Shop website are available only while stocks last unless otherwise advertised.
All wine is offered for sale subject to available stock. If a product is out of stock, The Online Wine Shop 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, The Online Wine Shop will cancel your order and issue a credit to your credit card account in the amount charged.
If you receive a case of wine with one or more broken bottles, The Online Wine Shop will issue you a refund in the amount paid for the broken bottles or send replacement bottles if available.
The Online Wine Shop may ask you to provide proof of the damage, as a condition of refund or replacement.
If you are not completely satisfied with the wines you purchase, they will be replaced or refunded to their full value.
The Online Wine Shop may ask you to return the wines (at The Online Wine Shop’s cost) for evaluation, as a condition of refund or replacement.
The Online Wine Shop’s prices are subject to variation – the price payable for the goods is the price applicable on the date when The Online Wine Shop confirms your order.
The quoted price includes GST, but does not include the delivery fee (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the applicable delivery fee.
Prices stated are in Australian dollars, and may be per bottle, per 6 pack, per 12 bottle case or per magnum, as stated.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will not commence until payment has been processed/validated. The Online Wine Shop accept payment by Visa and MasterCard. Credit card details are processed using SSL encryption and are not stored by The Online Wine Shop.
Restrictions on the carriage or possession of alcohol are in place in some regions of Australia.
If you live in an area, which is the subject of such restrictions, it is your responsibility to be aware of the extent of such restrictions and the legal implications of these restrictions prior to proceeding with your alcohol purchase from The Online Wine Shop. The Online Wine Shop is not liable for any confiscation of alcohol and / or financial or other penalties arising from the breach of such restrictions caused by the attempted delivery by The Online Wine Shop of your order.
You are responsible to maintain the confidentiality of your password. You are also responsible for, and indemnify The Online Wine Shop in relation to, any and all activities that occur using your password, including in relation to your personal information. You must immediately notify The Online Wine Shop of any unauthorised use of your logon or password or any other breach of security of which you become aware.
The Online Wine Shop may give notice to you by electronic mail or by regular mail, including but not restricted to bi-monthly Newsletters, to your address contained in the registration or other information provided by you.
Copyright in all materials appearing on this website is, except where noted to the contrary, the property of The Online Wine Shop and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, or for any purpose expressly permitted by The Online Wine Shop.
The Online Wine Shop does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. The Online Wine Shop is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of The Online Wine Shop remains with you.
You also waive any and all claims that you may have against The Online Wine Shop otherwise arising out of or in relation to your use of this website.
By supplying The Online Wine Shop with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold The Online Wine Shop responsible for any breach of security unless The Online Wine Shop have been negligent or in wilful default of our duties to you.
Limitation of Liability
Nothing in this Contract is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between The Online Wine Shop and you, if such exclusion, restriction or modification would be void or prohibited by the legislation. To the extent that The Online Wine Shop breaches any condition or warranty implied into the arrangement between The Online Wine Shop and you and which cannot be excluded or modified, The Online Wine Shop's liability is limited to, at The 's discretion, either: (i) replacement of the goods or supply of equivalent goods; (ii) payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services, to: (i) supply of the services again; or (ii) payment of the cost of having the services supplied again.
Subject to the foregoing, The is not liable to you (or to any third party claiming through you) for, and you release The from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property (“Loss”) caused by any act or omission of The , its employees or agent, and whether based on negligence or other tort, contract or otherwise.
The may add to, delete, or otherwise change any of the terms of this Contract. The will notify you of any substantial changes to these terms & conditions. Your use of the The service after notice will constitute your deemed acceptance of such changes.
If any provision of these Terms & Conditions is unenforceable or void either in whole or in part for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of this document. The laws of Victoria govern this Contract.
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 $6000). For a person under the age of 18 years to purchase or received liquor. ( Penalty Exceeds $500).
Limited Licence No: 36121545