Terms and Conditions
VINEFUL TERMS AND CONDITIONS
1. About Vineful
Vineful is operated by Cellarmaster Wines Pty Limited trading as Vineful (“Vineful Wines”, “Vineful”, “us” or “we”), corner Barossa Valley Way & Siegersdorf Rd, Tanunda, 5352, ABN 95 076 727 949, SA Licence No. 51205679, NSW Licence No. LIQP770010298.
Vineful is a liquor retailer where you can order products from www.vineful.com.au (“Website”) or by joining a Monthly Subscription (“Subscription”).
2. Acceptance of Terms & Conditions
We reserve the right to amend these terms and conditions at anytime without notice. This could mean that the terms and conditions applicable to future orders are different and as a result we recommend you read these each time you order.
If you have an order accepted by us, the terms and conditions in force as at the time of that acceptance will apply to your order notwithstanding any subsequent amendment which we may make.
We take our responsible service of alcohol obligations seriously. To order from Vineful you must be 18 years of age or over. If buying wine as a gift, the recipient must also be at least 18 years of age. We reserve the right to refuse delivery if you or the recipient are unable to produce a valid form of identification.
By placing an order with us you:
a. confirm that you are at least 18 years of age;
b. acknowledge that it is against the law to sell or supply alcohol to, or obtain alcohol on behalf of, a person under the age of 18 years; and
c. warrant that you are not obtaining alcohol on behalf of a person under the age of 18 years.
4. Your Order
4.1 Risk and title
Risk and title in the goods the subject of your order passes to you on delivery of the goods to the delivery address specified in your order.
4.2 Fees and charges
We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
a. the purchase price of each product that is ordered;
b. any other fees and charges set out in these terms and conditions; and
c. any outstanding amount that you owe us from previous purchases
All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable.
You acknowledge that we are not required or obliged to match any prices for any products, including matching any prices for a product that is available through an alternative offer.
Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.
If a product that you have ordered is not available and we have not provided you with a substitute then we will provide you with a refund equal to the purchase price of each product which is ordered and not available within 3-5 business days to your card of purchase.
4.3 Payment Methods
You must pay the fees and charges owed using one of the following payment methods:
- American Express;
If we are unable to successfully process your credit card payment for your order in a reasonable time, then we may notify you you and may cancel your order.
You authorise Vineful to debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
4.4 Acceptance or Rejection of an Order
We reserve the right to accept or reject your order, in full or in part, for any reason, including if the requested product is not available, if there is an error in the price or the product description posted on the Website or in any marketing material, if there is an error with a voucher or promotional (Promo) code redeemed with your order, or any other error or breach of our terms and conditions associated with your order. We may also restrict your order and limit the sales to reasonable quantities as determined in our sole discretion.
We have no obligation to sell or supply any goods until the order is received and accepted by us at our Licensed Premises.
If we reject an order placed through us then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
4.5 Changes and Cancellations
You may not change or cancel your order once placed. If you need help with your order please contact us at firstname.lastname@example.org.
We may cancel any order or part of an order (including any orders that we have accepted or for which we have issued a tax invoice) without any liability to you for that cancellation at any time if:
a. the requested products in that order are not available;
b. there is an error in the price or the product description posted on the Website or in any marketing material in relation to the relevant product in that order;
c. there is an error with a voucher or promotional code redeemed with your order;
d. we suspect there has been, or will be, a breach of these terms and conditions or there has been any fraud or misconduct;
e. that order has been placed in breach of an offers terms and conditions; or
f. usage of a voucher or promotional code with that order has been placed in breach of the associated terms and conditions
If we cancel an order placed through us then we will endeavour to notify you of that cancellation within a reasonable time after you submit your order.
We have processes in place to assist in detecting transactions that may be fraudulent or in breach of our terms and conditions. We may contact you by telephone or email to confirm your payment or order details and to request that you provide valid identification. If we are unable to confirm these details, we may cancel your order without notification.
If any payment has been taken for the cancelled order, then the full payment amount, less any outstanding amount that you owe us from previous purchases, will be refunded to your original payment method.
4.6 Minimum and Maximum Amounts in each Order
Unless otherwise indicated:
a. you may only obtain up to 20 items of a particular product in each order (there may be lower limits for particular products. We will inform you of these limits when you place the order or within a reasonable time after you submit your order); and
b. the minimum purchase quantity on the website is 1 case unless otherwise indicated.
You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the order or within a reasonable time after you submit your order, and we may cancel your order or limit the quantity of your order at our sole discretion.
If you wish to place an order that differs from our ordering requirements you will need to contact us at email@example.com. If we agree to an order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders.
If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such orders may be cancelled by us without notice to you.
4.7 Unavailable Product
You acknowledge that a product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that product.
Where a product is unavailable we may choose at our discretion to substitute it for a product of similar quality or cancel the order.
Subject to clause 4.1.1, In the event of breakage, Vineful will, at our discretion, issue an Account Credit or send replacement items if you notify us within 7 days of delivery or 30 days of purchase (whichever is sooner).
To notify us you must contact us via email at firstname.lastname@example.org
4.9 Returns & Refunds
To organise a return or refund you must contact us at email@example.com.
Under no circumstances can a purchase from Vineful be returned to any store operated by Woolworths Group Limited.
You must be able to provide proof of purchase before any return is considered and products must be in their original condition and packaging.
Where we agree to a return, we will collect the product from you at a mutually agreeable time. Pending collection, you are liable to keep the product in a safe and proper manner and take reasonable care of it. Products should be returned in the original box and packed to avoid breakage in transit back to Vineful.
Any refunds will be affected within 30 days after we were notified and agreed to a return and conditional upon any returned products being collected in original saleable condition.
Our Returns Policy includes the rights you have under Australian Consumer Law.
We will endeavour to deliver your order within the following timeframes. However, Vineful does not guarantee any specific delivery date.
Estimated delivery times:
Sydney, Melbourne and Adelaide: Up to 7 business days
Brisbane and Perth: Up to 10 business days
Regional/Country - NSW, VIC, SA, QLD, WA: Up to 15 business days
ACT, NT, TAS: Up to 15 business days
5.2 Home Delivery
Home Delivery is available to selected Australian postcodes. We are unable to deliver to Post Office boxes, parcel lockers, designated dry zones, some remote and regional communities or islands. Most orders will be delivered to your door, however in some regions delivery may be made to your local agent.
We reserve the right to change participating postcodes at anytime without notice.
All products at Vineful are available for Home Delivery unless otherwise specified.
5.2.2 Attended Delivery
When we or our nominated couriers or agents attempt to deliver your order we reserve the right to request valid identification as the person accepting your order must be over 18 years to receive your order.
We will not allow completion of delivery if this person is unable to meet the above criteria or is intoxicated.
5.2.3 Unattended Delivery
If you will not be home to accept delivery you may choose a safe place for us or our nominated courier or agent leave your order. If you do this, you warrant to us that the goods are only for use and consumption by people over the age of 18 and that you have measures in place to ensure no one under the age of 18 can access the product.
Your nominated place can be anywhere on your property, as long as we can gain access and we, or our nominated couriers or agents, deem it is safe to do so.
It is your responsibility to ensure we have up-to-date details of your delivery instructions each time you order.
If we have your mobile phone number on file, and fall within certain delivery areas, you will receive a text message when your order has been delivered.
5.2.4 Delivery to South Australia
If you are ordering products for delivery to South Australia, you agree that: (a) on delivery, the person accepting delivery will be required to (i) sign a declaration confirming their name and that they are over 18 years of age, and (ii) if the recipient looks under 25 (at our discretion), provide proof of ID (including photographic identification and date of birth) and the name and date of birth of the recipient will be recorded; and (b) we are instructed to deliver the product to a person at the delivery address provided they meet the other requirements of clause 5.2. Information collected and recorded under this clause will be held for a minimum of 12 months. These are requirements of South Australia's Liquor Licensing Legislation and will apply from 1 July 2019, and if the person accepting delivery is unable to comply, we will not be able to complete the delivery. This does not apply to Unattended Deliveries where you have specifically instructed us to leave your order at the delivery address.
All promotions are governed by the advertised terms and conditions accompanying each offer as well as these terms and conditions. If you cannot locate these or are unsure of an offers terms and conditions please contact us at firstname.lastname@example.org before placing your order.
We reserve the right to vary an offer or terminate a promotion at anytime without notice.
6.2 Free Delivery
All products sold through Vineful have free delivery. These offers are governed by the advertised terms and conditions accompanying each offer.
6.3 Vouchers and Promotional Codes
Vouchers and Promotional (Promo) Codes are governed by the terms and conditions accompanying the specific voucher or promo code offer. Unless specified to the contrary all gift vouchers and promo codes are assumed to have the following minimum conditions:
a. only available for redemption at www.vineful.com.au on selected products
b. expires at midnight on the date of issue, unless cancelled or redeemed earlier
c. not transferable or redeemable for cash and cannot be used in conjunction with any other offer, voucher or promo code
d.vouchers are valid for a single use only. Promo codes may only be redeemed once per household and credit card
We reserve the right to cancel a voucher or promo code or alter its terms and conditions at any time without notice.
We reserve the right to cancel any orders made outside these terms and conditions, even after we have accepted payment.
7. Monthly Subscriptions
7.1 Getting Started
As part of your Subscription, we will send you a case of selected wines monthly in line with what you have subscribed to. To see what Subscription you have selected, you can access this by logging into the My Account section of www.vineful.com.au.
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.
You may skip any scheduled delivery or cancel your Subscription at any time online at www.vineful.com.au.
If you don’t skip or cancel your monthly Subscription by the date stated in your notification, we will dispatch a case to you and charge your credit card as agreed.
We may make changes to your Subscription from time-to-time. If these affect you we will notify you in advance.
We are confident of the value of our Subscriptions, with monthly Subscription cases being priced at $75 compared to one off, or limited edition cases being priced at least at $89.
You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail) where you have not opted out (as described below) from receiving such electronic messages sent to you by Vineful via those channels or media. Your agreement to receive commercial electronic messages from us will be effective until you opt out.
Opting out of receiving commercial electronic messages from Vineful will not withdraw your consent to receive messages from other Woolworths brands. Any consent you have provided to receive commercial electronic messages from other Woolworths brands are governed under separate terms and conditions that apply to those other Woolworths brands. If you would like to opt out of other Woolworths brands, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.
9. Intellectual Property Rights
a. acknowledge that the copyright in the Website, the software, design, text, graphics, iconography, images and logos comprised on the Website, the selection and layout of the Website and the content and materials on the Website (together, the “Materials”) are owned by or licensed to us;
b. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
c. must not frame or embed in another Website any of the material appearing on this Website without our prior written consent.
9.2 You may:
a. store a reproduction of the content on this Website on your local computer for the sole purpose of viewing the content and Materials; and
b. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
This Website contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Website or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Website that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
10. Your General Obligations
a. must ensure that your Login email address, password, customer number or other personal details used to access the Website or Account are kept in a safe and secure manner;
b. must notify us at email@example.com if you are, or become, aware that there is or has been an unauthorised use of your Login email address, password, customer number or other personal details to access the Website or your Account, or any other security breach relating to your Account;
c. must promptly advise us of any changes to your information provided to us as part of the customer registration process;
d. must provide us with your date of birth to place an order;
e. are responsible and liable for any person that uses your Login email address, password, customer number or other personal details to order products;
f. agree that we may charge you for all products that we agree to supply to you that have been ordered using your Login email address, password, customer number or other personal details; and
g. should check the labels on the products before consumption or use.
10.2 You must not:
a. use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
b. use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Website;
c. make fraudulent or speculative enquiries, purchases or requests through the Website;
d. use another person’s details without their permission or impersonate another person when using the Website;
e. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
f. tamper with or hinder the operation of the Website;
g. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
h. use any robot, spider, website search and retrieval application or other mechanism to retrieve or index any portion of the Website;
i. modify, adapt, translate or reverse engineer any portion of the Website;
j. remove any copyright, trademark or other proprietary rights notices contained in or on the Website;
k. reformat or frame any portion of the web pages that are part of the Website;
l. create Accounts by automated means or under false or fraudulent pretences;
m. use the Website to violate the security of any computer or other network or engage in illegal conduct;
n. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
o. use the Website other than in accordance with these terms and conditions; or
p.attempt any of the above acts or engage or permit another person to do any of the above acts.
11. Suspension of account
We reserve the right to refuse service, terminate Accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Website or placed an order in a fraudulent or improper manner. Vineful also reserves the right to otherwise reject or cancel orders in accordance with clause 4.
If we lock, suspend or delete your Account under clause 11.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated Account once we have conducted all our verification and other relevant checks.
c. you have and will comply with all relevant laws relating to your use of the Website and your placement of any order to us.
Consumer guarantees: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Vineful liabilities under those provisions:
b. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Website or the subject matter of this agreement; and
c. we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
We may immediately suspend, terminate or limit your access to and use of the Website and/or your Account if:
(i) the breach cannot be remedied; or
(ii) you fail to remedy the breach within 10 days of our notice to you of that breach; or
b. required by law; or
c. if there is an event or circumstances outside of our control which causes us to be unable to comply with all or a material part of our obligations, or results in us being unable to enforce our rights, under these terms and conditions
We may stop making the Website (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
If you are a Northern Territory resident or ordering this for delivery to the Northern Territory the listing of a product on our site does not constitute an offer to sell that product to you.
Prior to any offer or acceptance, additional price checks will be completed and the price of the product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation. This may change the final price calculation for your order.
The Website may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:
a. we make no representations or warranties, or have any responsibility or liability for those websites; and
You agree that you access and use the products and services made available at our Website solely at your own risk.
If the whole or any part of a provision of our agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
These terms and conditions are governed by the laws of South Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under Australian Consumer Law.
Vineful attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this website, is accurate, complete, reliable, current or error-free.
Vineful does not represent or warrant that the functions within the website will be uninterrupted or error-free, 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 to indemnify, defend, and hold harmless each of Vineful, its officers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs resulting from any violation of these terms and conditions or any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Website or Contact Centre using your Login or Account.
A reference to ‘our agreement’ or ‘this agreement’ means the relationship between us and you which is governed by these terms and conditions.