Trading terms and conditions
These terms and conditions are the contract between you and My Wine Adviser Pty Ltd as trustee for My Wine Adviser Unit Trust trading as My Wine Adviser (“us”, “we”, “We” etc.). By visiting or using Our Website, you agree to be bound by them.
Us / We / we are My Wine Adviser Pty Ltd as trustee for My Wine Adviser Unit Trust trading as My Wine Adviser, a company registered in Australia, ABN 16 260 670 727. Our Address is 3 Russell Street, Clontarf NSW 2093.
You are: Anyone who uses Our Website
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
1. Definitions
In this agreement:
“Consumer”
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content”
means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Extra Work”
means all of the work we do and materials we buy to prepare or produce Specified Goods or provide Specific Services.
“Goods”
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. It includes Specified Goods and Specified Services.
“Intellectual Property”
means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.
“Post”
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
“Specified Goods and Specified Services”
means Goods which have been subject to work or process to your specific order.
“Our Website”
means any website of ours, and includes all web pages controlled by us.
2. Interpretation
Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.
2.1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.3. the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.
2.4. in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.6. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such costs calculated at $100 per hour.
2.8. these terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we / We do not guarantee that Goods advertised on Our Website are available.
3.5. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to review and print a copy for your records prior to each order.
3.6 The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.7. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
3.8. We may apply minimum order conditions both in terms of number of bottles and order value.
4. Acceptance of your order
4.1. This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.
4.2. Your order is an offer to buy from us.
4.3. Nothing that we do or say will amount to any acceptance of your offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
AND
4.4. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason without liability including but not limited to pricing errors, product descriptions and unsuccessfully processing your credit card for the transaction and provide a refund.
4.5. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.5.1. accept the alternatives we offer;
4.5.2. cancel all or part of your order and we will provide a refund within 14 days.
4.6. We support the Responsible Service of Alcohol. You are required to verify that you are over 18 years of age prior to the order being successfully processed and that the order is not being purchased on behalf of a person under 18 years of age. If proof of age cannot be verified, the order will be cancelled.
5. Extra Work and approval
5.1. This paragraph applies to Specified Goods and Specified Services.
5.2. Our contract to supply Specified Goods and Specific Services is a contract for both the supply of Goods and the Extra Work you have asked us to do.
5.3. Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms.
5.4. If you wish to make any change to the specification of the Extra Work after the initial price is agreed, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates.
5.5. If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you.
6. Prices
6.1. Prices of Goods are shown on Our Website and in any other documentation are all per bottle and listed in Australian Dollars, $AUD unless specified otherwise.
6.2. Prices for Specified Goods and Specified Services are available on enquiry, either through Our Website, email or by telephone.
6.3. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you
6.4. Prices include goods and services tax (“GST”) unless otherwise specified in which case it will be clearly stated that it is not included.
6.5. We do not price match for any reason.
7. Payment
7.1. We will not split an order. We require the full price of your order before we will send any part of it.
7.2. If it is Specified Goods and Specified Services that we are providing then we will have outlined a schedule of payments that you have agreed to in writing prior to work commencing the providing of these Specified Goods and Specified Services.
7.3. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
7.4. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
7.5. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you. If you do not agree to the correct price, we can cancel the order on your request via email to info@mywineadviser.com.au and provide a full refund.
7.6. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
7.7. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due
8. Cancellation Policy
8.1. You can cancel your order up to 24 hours after from when the order was placed for a full refund unless prior to placing the order, that it is clearly stated that it is a non-cancellable Good.
9. The Responsible Service of Alcohol
9.1. My Wine Adviser supports the responsible service of alcohol. Alcohol cannot be sold and will not be sold via My Wine Adviser to anyone who is under 18 years of age. Proof of being over 18 years of age will be required prior to any order being approved and processed.
10. Security of your credit card
We take care to make Our Website safe for you to use.
10.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
10.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
10.3. Payment methods are Visa, Mastercard, American Express, Paypal, bank transfer.
11. Delivery
11.1. Goods are delivered within 14 days from the day you place an order to purchase the Goods. We do not guarantee a specific date.
11.2. Delivery of Goods will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. Verification may be required to show that the person accepting the delivery is over 18 years of age.
11.3. Liquor will not be delivered to areas or premises that have restrictions for the acceptance of liquor. We can leave it in a designated safe place on your authority. You guarantee that anyone under the age of 18 cannot access the product.
11.4. If we are not able to deliver your Goods within 14 days of the date of your order, we shall notify you by e-mail or telephone to arrange another date for delivery.
11.5. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
11.6. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us [unless you have instructed us in the order process that you wish us to leave the Goods without an acceptance signature (for example: “leave it in the garage”).
11.7. Goods are sent by post or by private courier or personally. We will send you a message by email or contact you by telephone to tell you when we will and when we have despatched your order.
11.8. All Goods must be signed for on delivery by an adult aged 18 years or over and required to show proof of being over 18 years of age. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
11.9. Signing “Unchecked”, “Not Checked” or similar is not acceptable.
11.10. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
11.11. Some Goods will be delivered direct from the distributor who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the distributor, you will be subject to the distributors delivery policy.
11.12. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
11.13. Goods are not permitted to be picked up from our offices.
11.14. Products are only delivered within Australia.
11.15. If a delivery is not possible or we are unable to leave the products unattended for any reason, we will arrange an alternative time to deliver the products, and if we do not hear from you within 5 working days of contacting you, we have the right to cancel the order and refund your order.
12. Risk and retention of title
12.1. The Goods shall be at your risk as from delivery.
12.2. We shall deliver the Goods, duty and delivery paid, to your premises stated on the order.
12.3. In spite of delivery having been made, title to the Goods shall not pass from us until:
12.3.1. you have paid the price in full; and
12.3.2. no other sums whatever shall be due from you to us.
12.4. Until title to the Goods passes to you, you shall hold the Goods on a fiduciary basis as bailee for us.
12.5. You must store the Goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our Goods.
12.6. We shall be entitled to recover the price notwithstanding that property in any of the Goods has not passed from us.
12.7. If we ask you to return Goods unsold you must do so.
12.8. If, when asked, you fail to return the Goods, we may enter to your premises and repossess the Goods.
12.9. You must not pledge or in any way charge by way of security any of the Goods which are our property. Without prejudice to our other rights, if you do so, all money owing to us shall immediately become due and payable.
13. Liability for subsequent defects
13.1. We will replace or refund Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which shows a defect. If you claim that the item is faulty, the following conditions apply:
13.1.1. the defect must be reported to us within 2 days of delivery;
13.1.2. the defect results only from faulty production;
13.1.3. you have returned the defective Goods or to us if we have so requested.
13.2. If we agree that we are liable, we will refund the cost of return carriage and will replace the Goods free of charge or provide a refund, whichever you prefer.
13.3. If we replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
14. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
14.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in written correspondence that you may return them.
14.2. So far as possible, Goods should be returned:
14.2.1. with both Goods and all packaging as far as possible in their original condition; and stored in a proper manner with non damaged labels until returned;
14.2.2. securely wrapped;
14.2.3. including our delivery slip or distributors delivery slip;
14.2.4. at your risk and cost.
14.3. Detailed instructions for returning faulty Goods are on Our Website at www.mywineadviser.com.au . If you do not follow this procedure, we may be unable to identify you as the sender of the Goods. Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, in the original packaging.
14.4. You must tell us by email to info@mywineadviser.com.au or by phone to Steve 0410 529 410 or Kasia 0416 541 040 and then in writing to info@mywineadviser.com.au that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reasons for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
14.5. You are protected by Sale of Goods Act and Competition and Consumer Act 2010
14.6. If we agree that the Goods are faulty, we will:
14.6.1. refund the cost of return carriage;
14.6.2. replace the Goods as we choose with the same if available or with an equivalent value item of similar nature or
14.6.3. cancel the order and provide refund or credit
15. How we handle your Content
15.1. Our privacy policy is strong and precise. It complies fully with current privacy law which is at https://www.mywineadviser.com.au/store-policy
15.2. If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control over who sees it nor what anyone does with it.
15.3. All content posted on Our Website by users is not endorsed nor necessarily the views of My Wine Adviser.
15.4. We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
15.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
15.6. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act1968.
15.7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
15.8. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
15.9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
15.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
15.11. Please notify us of any security breach or unauthorised use of your account.
15.12. We do not solicit ideas or text for improvement of our service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out in this section ‘How we handle your Content’.
16. Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
16.1. be unlawful, or tend to incite another person to commit a crime;
16.2. consist in commercial audio, video or music files;
16.3. be sexually explicit or pornographic;
16.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
16.5. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
16.6. be made on behalf of some other person, or impersonate another person;
16.7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
16.8. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
16.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
16.10. link to any of the material specified in this paragraph;
16.11. use distribution lists that include people who have not given specific permission to be included in such distribution process;
16.12. send age-inappropriate communications or Content to anyone under the age of 18.
17. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
17.1. hyperlinks, other than those specifically authorised by us;
17.2. keywords or words repeated, which are irrelevant to the Content Posted.
17.3. the name, logo or trademark of any organisation other than yours.
17.4. inaccurate, false, or misleading information.
18. Removal of offensive Content
18.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
18.2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
18.3. If you are offended by any Content, the following procedure applies:
18.3.1. your claim or complaint must be sent to us by post or email.
18.3.2. we shall remove the offending Content as soon as we are reasonably able;
18.3.3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
18.3.4. we may re-instate the Content about which you have complained or we may not.
18.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
18.5. you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
19. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
19.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
19.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
19.3. download any part of Our Website, without our express written consent;
19.4. collect or use any product listings, descriptions, or prices;
19.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
19.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
19.7. share with a third party any login credentials to Our Website;
19.8. Despite the above terms, we now grant a licence to you to:
19.8.1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
19.8.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.
20. Disclaimers
20.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
20.2. All conditions, warranties or other terms implied by the law of any county other than the Australia are excluded from this agreement to the fullest extent permitted by law.
20.3. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
20.4. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
20.5. Links to other websites will be present on Our Website from time to time. We take no responsibility nor endorse the the products and services offered and accessing these links is at your sole risk.
20.6. We give no warranty and make no representation, express or implied, as to:
20.6.1. the quality of the Goods;
20.6.2. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
20.6.3. the correspondence of the Goods with any description;
20.6.4. the adequacy or appropriateness of the Goods for your purpose;
20.6.5. the truth of any Content on Our Website;
20.6.6. compliance with any law;
20.6.7. non-infringement of any right.
20.7. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
20.8. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
21. Your account with us
21.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
21.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
21.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
22. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
22.1. your failure to comply with the law of any country;
22.2. your breach of this agreement;
22.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
22.4. a contractual claim arising from your use of the Goods;
22.5. a breach of the intellectual property rights of any person.
23. Intellectual Property
23.1. Copyright works owned by you or a third party are unaffected by this agreement.
23.2. The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.
23.3. If you change or create derivative versions of the Specified Goods and Specified Services, the Intellectual Property in those changed or derived versions also belongs to us.
23.4. We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods and Specified Services for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.
24. Miscellaneous matters
24.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
24.2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
24.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
24.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
24.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
24.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
24.7. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
24.7.1. It shall be deemed to have been delivered:
24.7.2. if delivered by hand: on the day of delivery;
24.7.3. if sent by post to the correct address: within 72 hours of posting;
24.7.4. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 7 days if no notice of non-receipt has been received by the sender.
24.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
24.9. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
24.10. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute between a party and its employees
24.11. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
24.12. The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales in Australia and you agree that any dispute arising from it shall be litigated only in that State.
My Wine Adviser 