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Terms of Service

Welcome to WineGrowers Direct

WineGrowers Direct is pleased to provide you with access to the websites owned or operated by The Wine Guys Pty Ltd (ABN 73 152 037 066) and its related bodies corporate including, but not limited to the website located at www.winegrowersdirect.com.au (WineGrowers Direct Website) on these terms and conditions.

By accessing or using the WineGrowers Direct Website you agree to be bound by these terms and conditions of use as amended from time to time. If you do not agree to these terms and conditions, you may not use the WineGrowers Direct Website.

You represent and warrant to WineGrowers Direct that you are at least 18 years of age.

 

Material on the WineGrowers Direct Website

WineGrowers Direct may publish or make available on the WineGrowers Direct Website information, advertisements, product and service offers, wine data, wine valuations, software and links supplied by WineGrowers Direct and third parties (Material). While WineGrowers Direct takes care to ensure that Material on the WineGrowers Direct Website is correct, current and free from errors, WineGrowers Direct does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of:

WineGrowers Direct does not provide any warranty in relation to any goods or services advertised for sale on the WineGrowers Direct 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 Only

The WineGrowers Direct Website is for your personal and non-commercial use only. Except for the Material held in your computer's cache or a single permanent copy of the Material for your personal use, you must not:

 

Your Responsibility

The Material made available on the WineGrowers Direct Website are provided as general information only. WineGrowers Direct does not warrant that the Material are professional, expert or other advice or that they are a substitute for such advice. The Material:

If WineGrowers Direct suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to pay WineGrowers Direct the amount of any such loss, damage and costs.

 

Limitation of Liability

To the full extent permitted by law, neither WineGrowers Direct nor you will be responsible for any losses that were not foreseeable to both parties at the time of entry into these terms and conditions or for any loss of profits, loss of revenue or loss of savings, however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).

Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon WineGrowers Direct which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for purpose for which they were supplied to you. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in this Agreement and to the extent to which WineGrowers Direct is entitled to do so, WineGrowers Direct limits its liability in respect of any claim under those provisions to:

in the case of goods, at WineGrowers Direct's option:

Other than as set out above, WineGrowers Direct will not be responsible for any claims arising out of or in connection with your access to and use of the WineGrowers Direct Website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

For the purposes of this section, the term WineGrowers Direct will mean WineGrowers Direct and its officers, employees, contractors and agents, whether individually or collectively.

 

Intellectual Property Rights

The WineGrowers Direct Website is owned and operated by The Wine Guys Pty Ltd. You acknowledge and agree that all intellectual property rights comprised in or relating to the WineGrowers Direct Website belong to WineGrowers Direct or its licensors, and that nothing in these terms and conditions constitutes a transfer of any intellectual property rights.

You may download and view WineGrowers Direct Website content, which may include, without limitation, text, graphics, icons, photographs and URLs (Content) and/or print a copy of material on the WineGrowers Direct Website for your own use only, provided you do not:

WINEGROWERS DIRECT is a registered trade mark of The Wine Guys Pty Ltd. Other product and company names mentioned on the WineGrowers Direct Website may be the trade marks of their respective owners.

 

Content You Supply

WineGrowers Direct may provide you with the ability to communicate with WineGrowers Direct, the WineGrowers Direct Website, sellers, advertisers and other users of the WineGrowers Direct 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 (Communications Services).

You grant to WineGrowers Direct a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any Content you post, upload or otherwise transmit via Communications Services and to sub-license such Content for such purposes as WineGrowers Direct determines from time to time (subject to the WineGrowers Direct Privacy Policy).

You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services should not be considered reviewed, screened, or approved by WineGrowers Direct.

You must not do any of the following:

 

You represent and warrant to WineGrowers Direct that:

WineGrowers Direct may, but has no obligation to, review the use of the Communications Services by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

 

Privacy Policy

To read how WineGrowers Direct collects, holds, uses and discloses your personal information please click here.

 

Buyers and Sellers Agreements

Specific additional terms and conditions apply to the purchase and sale of wine through the WineGrowers Direct website. Your acknowledgment of these terms and conditions is required to complete any transaction on this site. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms 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 WineGrowers Direct and/or placing an order you are confirming to us that you are at least 18 years of age.

WineGrowers Direct also recommends that alcohol only be consumed in moderation.

 

Email a friend

Where WineGrowers Direct allows you to email a friend:

you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify WineGrowers Direct, 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 any email or any contravention of the Spam Act 2003 (Cth).

 

Buyer Terms

Please read these terms and conditions (Buyer Terms) prior to completing a purchase on the websites owned or operated by The Wine Guys Pty Ltd (ABN 73 152 037 066) and its related bodies corporate, including but not limited to the website located at www.winegrowersdirect.com.au (WineGrowers Direct Website).

These Buyer Terms govern your purchase of the goods and/or services that we offer at the WineGrowers Direct Website (Services), including all wine purchases.

By making a purchase via the WineGrowers Direct Website you agree to be bound by these terms and conditions as amended from time to time. If you do not agree to these Buyer Terms, you may not make a purchase via the WineGrowers Direct Website.

Please note that additional terms and conditions governing your relationship with us are contained in other WineGrowers Direct Website pages and unless those conditions are inconsistent with these Buyer Terms, they will be incorporated into and will form part of your agreement with WineGrowers Direct.

 

Registering at the WineGrowers Direct Website

You must register your details on the WineGrowers Direct Website to use the Services.

You must not register multiple times or use false or misleading information when registering or using our Services and you must update your details if they have changed since your last use of our Services. WineGrowers Direct is not responsible for any loss or damage which you may suffer because you have not provided complete, accurate and up-to-date information.

When you register, you must choose your username and password. You must have a valid username and password before you can bid on and/or purchase wine via the WineGrowers Direct Website. You are responsible for the security of your user name and password. We will assume that anyone using your username and password is authorised by you.

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

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 WineGrowers Direct Website.

 

Wines not to be resold

Each Buyer acknowledges and confirms that all wine purchases are for private consumption and/or collection and are not purchased with the intention of resale.

All Buyers acknowledge and indemnify WineGrowers Direct for any additional costs (e.g. Wine Equalisation Tax) incurred by WineGrowers Direct should wine be resold, and agree to hold in trust all profits made from the resale of such wines.

 

Purchases – Your Obligations

You must pay the purchase price (including any GST) in full for any wine purchased together with any other applicable fees or charges (for example, goods and services tax, insurance and delivery charges).

You authorise us to debit your credit card or PayPal account for the total amount payable to us as a result of any purchases by you.

Our fulfilment processes are automated and as a result, orders cannot be amended, changed or cancelled.

 

Security Policy

In order to purchase goods you must provide valid credit card details.

WineGrowers Direct uses Ctel for its online credit card transactions. Ctel processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on the WineGrowers Direct Website using Ctel are secured payments. Ctel's security summary:

Ctel holds the highest level of PCI DSS accreditation – level 1 PCI DSS compliance. The company is regularly and externally audited by Vectra Corporation. Ctel’s financial and internal control systems are also externally audited by Moore Stephens, and all Ctel staff undergo screening and extensive background checks.

For more information about Ctel and online credit card payments, please visit www.ctel.com.au.

 

Currency & Pricing

Unless otherwise shown, all the prices listed on WineGrowers Direct Website are displayed in Australian Dollars (AUD). If a product inadvertently appears on the WineGrowers Direct Website at the wrong price, WineGrowers Direct may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged. If your credit card was charged for the purchase and the order is cancelled, WineGrowers Direct will notify you and issue a credit to your credit card account in the amount of the cancelled order.

 

Vouchers & Credits

From time to time WineGrowers Direct may issue vouchers or credits for redemption against future purchases of wine.

Vouchers can only be redeemed online at winegrowersdirect.com.au.

Vouchers cannot be combined with any other voucher or credit.

Where a voucher or credit is offered by WineGrowers Direct as a registration/signup/joining offer for new members, then a member/person can only claim one of these registration/signup/joining credits or vouchers if they are not a current WineGrowers Direct member and the member must be registering/signing up/joining WineGrowers Direct for the first time. Additionally, only one registration voucher or credit may be claimed per household/delivery address. Where multiple WineGrowers Direct accounts are set up in breach of this term, WineGrowers Direct reserves the right to cancel the voucher or credit and to cancel any orders or bids placed, and to recover the value of the voucher or credit from the member where orders are unable to be cancelled prior to delivery.

Each voucher or credit may only be redeemed once per household/delivery address.

WineGrowers Direct conducts regular audits of voucher and credit usage and reserves the right to recover amounts owing from customers who redeem more than one voucher or credit per household/delivery address/voucher promotion, or who are in breach of the terms attached to the particular voucher or credit or who obtain the voucher or credit through fraudulent or unauthorised channels or who set up multiple WineGrowers Direct accounts in order to obtain multiple vouchers or credits.

Vouchers may not be used in conjunction with any other vouchers - strict limit of one voucher per order. Any terms and conditions on a voucher or credit apply and bind the holder of the voucher or credit. Vouchers and credits are non-transferable and may not be redeemed for cash. All vouchers and credits will have an expiry date, after which the voucher or credit will no longer be redeemable.

Vouchers must be used in a single transaction and any unused value cannot be redeemed in any way.

Where a Voucher has a minimum spend requirement, then the voucher can only be redeemed if the value of the products ordered exceed the voucher's minimum spend requirement.

Vouchers and credits cannot be applied to orders or bids retrospectively.

 

Delivery Policy

After ordering online, you will receive an email confirmation containing your order details (provided you have provided us with a valid email address). We will then attempt to deliver your purchase/s from our warehouse in Sydney via Australia Post. Depending on your location within Australia, the delivery time will vary between 2 and 10 business days. In outlying, flood-affected areas or during heat waves, the delivery may take a little longer.

Wine is normally delivered from Monday to Friday between 9am and 5pm. Most orders will be delivered to your door, however, in rural or remote areas your wine may be delivered to the nearest Australia Post office or delivery centre for collection. The person collecting the must be 18 or over and able to present identification corresponding to the name of the consignee. If the order is not collected within 10 working days, it will be returned to WineGrowers Direct and NO refund will be available.

In some cases, where the wine is being sent directly to you by the winery, the wine may be sent via a courier and, if you are not home, your order may be taken to the courier's distribution centre for collection. The person collecting the wines from the Post Office must be 18 or over and able to present identification corresponding to the name of the consignee. If the order is not collected within 10 working days, it will be returned to WineGrowers Direct and NO refund will be available.

A signature is required on all deliveries. If the recipient is not available at the time of delivery the courier will leave a note with a phone number you can call to alternative arrangements (collection or redelivery).

WineGrowers Direct will not deliver wines to anyone less than 18 years of age. If there is any doubt about the age of the recipient on delivery, our delivery drivers are obliged to request some form of photographic ID. If that recipient is unable to produce appropriate ID then the delivery driver will be unable to leave the wine.

 

Important note about Parcel Locker Services

Please check with your Parcel Locker provider's Terms & Conditions as alcohol may not be accepted. Returned orders will incur a re-delivery fee and cause delays in delivery time.

WineGrowers Direct cannot be held responsible for deliveries to incorrect or incomplete addresses provided by customers. If delivery is being made to a business address, a company name must be entered. Business addresses that do not include a company name may be classed as incomplete. If the address is incorrect and the delivery is made, the customer assumes responsibility for the entire purchase. If the address is incorrect and/or the delivery is refused or unable to be completed, then the order will be returned to our distribution centre and additional handling costs plus freight charges will be applied to a request for re-delivery. If the address is incorrect and the delivery is refused or unable to be completed and the customer chooses no re-delivery then a handling charge and all applicable freight charges will be deducted from any refund made. To avoid these costs, we recommend that you double check your address details to ensure that all information provided is correct and in full.

WineGrowers Direct will not deliver wine under any circumstances to any of the following Dry Area Locations:

Aurukun Postcode – 4871
Bamaga Postcode – 4876
Cherbourg Postcode – 4605
Doomadgee Postcode – 4830
Hope Vale Postcode – 4895
Injinoo Postcode – 4876
Kowanyama Postcode – 4871
Lockhart Postcode – 4871
Mapoon Postcode – 4874
Mornington Island Postcode – 4871
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 – 489
Yarrabah Postcode – 4871

 

$8.95 Per Case Delivery Rate

The $8.95 per case delivery rate is a promotional delivery rate that is not available to addresses within the following states:

The $8.95 per case promotional delivery rate does not apply to refunds initiated under our Quality Guarantee policy. As such the delivery rate deducted from refunds will be the normal delivery cost for your location.

 Free Delivery on orders over $250

WineGrowers Direct is happy to offer free delivery on orders over $250. Orders must be equal to or above $250 after any discounts have been applied to be eligible for free delivery. 

Authority to Leave

By selecting our "Authority to leave" option, or if you do not select our "Authority to leave" option but have an authority in place with your local delivery centre giving permission to leave articles at the address you nominate, then you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received.

WineGrowers Direct, and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority to Leave delivery method. You agree to release WineGrowers Direct from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.

Please note that under certain circumstances WineGrowers Direct may not be able to leave your delivery as directed under an Authority to Leave request. In these instances, your complete order will be delivered to your nearest Australia Post office or delivery centre for your collection.

 

Export Restrictions

WineGrowers Direct is an Australian-based company, licensed to sell wine to Australian residents. As such we are only able to deliver wine to addresses located in Australia. Should you wish to have a purchase delivered to a location outside of Australia you will need to make arrangements with your own shipping agent. WineGrowers Direct will not be responsible in any way for delivery outside Australia arranged by you.

 

Refund Policy / Quality Guarantee

To ensure that you have a great online wine buying experience, every wine sold through the WineGrowers Direct website is tasted and reviewed by our expert tasting panel. Wines considered by our panel to be of inferior or poor quality are simply rejected and are not listed on our site.

In the rare instance that you are not satisfied with a wine purchased from WineGrowers Direct (other than a wine marked as "Sold as is - no refunds or returns accepted"), then we are more than happy to provide you with a full refund for purchases of the relevant wine by you (excluding freight costs). Provided you let us know that you are not satisfied with the wine within 30 days of buying the wine, we’ll refund you in full (excluding freight costs) an amount equal to the value of your remaining unopened bottles plus one opened bottle only.

Typically you will be required to return the remaining unopened bottles of the wine in question to WineGrowers Direct Offices for a quality inspection, and you will assume responsibility of risk and all associated freight costs. All refunds are processed within 7 days of your notification or from the date that the remaining wines are returned to us.

If WineGrowers Direct reasonably believes that a buyer is abusing our Quality Guarantee, WineGrowers Direct reserves the right to suspend or cancel the Refund Policy / Quality Guarantee in relation to that buyer, cancel any pending orders and/or close that buyer's account.

Please note that our Refund Policy / Quality Guarantee does not apply to goods that are marked as "Sold as is - no refunds or returns accepted", or for wine that is from a vintage 5 years or more prior to the purchase year.

Risk of damage, loss or deterioration to product passes to the buyer upon delivery and therefore no refunds are offered for products that are damaged after delivery.

All refunds will be credited to the payment method you used at the time of the order.

If you require further information or would like to submit a claim, simply contact a member of our Customer Service Team on 1300 836 340 or email us enquiries@winegrowersdirect.com.au.

 

Breakages

If you receive a case of wine with one or more broken bottles, simply let us know within 2 working days of the date of delivery and WineGrowers Direct will issue you with an account credit equal to the price paid by you for the broken bottles.

 

No Other Refunds

Other than in the circumstances outlined above in Refund Policy / Quality Guarantee and Breakages, no returns will be accepted and no refunds will be made in respect of purchases you make via the WineGrowers Direct Website.

 

Manufacturer's liability

Subject to any rights you may have under any law, if an item purchased by you with an accompanying manufacturer’s warranty, WineGrowers Direct will take no responsibility for the content, fulfillment or enforcement of that manufacturer’s warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.

 

Changes to Items Listed

We may withdraw and/or re-offer any item listed for sale on the WineGrowers Direct Website if the item:

 

WineGrowers Direct Liability

WineGrowers Direct is not responsible for any bid not received, processed or accepted due to technical difficulties. To the extent permitted by law, we provide the WineGrowers Direct Website and the Services without any express or implied warranty or condition regarding the performance of the WineGrowers Direct Website. To the extent permitted by law, all express or implied conditions or warranties in connection with the any goods offered for sale on the WineGrowers Direct Website are excluded.

To the full extent permitted by law, neither WineGrowers Direct, its suppliers nor you will be responsible for any losses that were not foreseeable to both parties at the time of entry into these terms and conditions or for any loss of profits, loss of revenue or loss of savings, however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).

We do not guarantee continuous, uninterrupted or secure access to the Services.

Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon WineGrowers Direct which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for purpose for which they were supplied to you. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in this Agreement and to the extent to which WineGrowers Direct is entitled to do so, WineGrowers Direct limits its liability in respect of any claim under those provisions to:

in the case of goods, at WineGrowers Direct' option:

in the case of services, at WineGrowers Direct' option:

Other than as set out above, WineGrowers Direct will not be responsible for any claims arising out of or in connection with your access to and use of the WineGrowers Direct Website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

For the purposes of this section, the term WineGrowers Direct will mean WineGrowers Direct and its officers, employees, contractors and agents, whether individually or collectively.

 

Handling of Wine

Please note that a full case of wine weighs more than 16kg. Therefore, we recommend that our customers take extra care when lifting deliveries. If you are concerned at all about the weight, we suggest that you transfer the bottles one or two at a time.

 

Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of New South Wales Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

 

Recommended Retail Prices (RRP)

The RRP's listed on winegrowersdirect.com.au are typically obtained directly from the winery and/or their agent. If RRP's are not readily available from the supplier, we will extrapolate an RRP based on the wineries wholesale price plus the standard retail mark-up. In instances where a wine is from a non-current vintage (e.g. OLD & RARE wines), 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. We pride ourselves in providing accurate RRP's; if you believe an RRP to be inaccurate please tell us so we can investigate as a matter of priority.

 

Changes to these Terms and Conditions

WineGrowers Direct may, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including these terms and such modifications will be binding upon you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

WineGrowers Direct may cease to provide you with access to the WineGrowers Direct Website or any of its services without notice.

All rights not expressly granted are reserved.

 

Contact WineGrowers Direct

If you have a question, problem or complaint or need to contact us:

Phone: 1300 836 340

Email: enquiries@winegrowersdirect.com.au

Postal Address: PO Box 21412 World Square, NSW, 2002

Calls to 1300 836 340 from landlines in Australia are charged at local call rates. Calls from mobile phones may attract a higher rate. You will be billed by your telephone service provider and should direct all questions regarding call charges to that provider.