DeVine Wine Online – Terms & Conditions

DeVine Wines Online encourages the legal and responsible consumption of alcoholic beverages

 

Terms of Use Agreement

Welcome to DeVine Wine.  Please read this Terms of Use Agreement (“Agreement”) carefully. It governs the conditions of use of the Devine Wine Online website (“Service”) produced by DeVine Wine Pty Ltd (“Service Provider”).

In this Agreement, the terms “we”, “us”, “our” and “DeVine Wine Online” means DeVine Wine Pty Ltd (ABN: 81 617 284 189).

As a condition of using our website (“Service”), you agree to comply with and be subject to all of the following terms and conditions (the “Agreement”) as amended from time to time.

By accessing, browsing and using our Service you acknowledge that you have read and understood and accept this Agreement. We suggest you periodically re-visit the Terms of Use Agreement as it may be amended from time to time.

 

Liability

This Service is provided by DeVine Wine Online in good faith and all conditions and warranties concerning our Service (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded.

To the extent permitted by law, DeVine Wine Online hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of our Service and/or any website to which our Service is linked, or any action taken (or refrained from being taken) as a result of using any of these.

In no event will DeVine Wine Online (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on our Service) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use our Service;

We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of our Service.

The contents of our website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.

If you do not agree with the rules contained in this Agreement, please do not use our Service. Your failure to follow our Service’s rules may result in termination of your access to the Service, without notice.

 

Personal Use of our Service

You are responsible for your own use of our Service. You may not authorize others to use our Service in a manner which conflicts with this Agreement.

You must register your details on the DeVine Wine Online Website to use our Service.

You must not use false or misleading information when registering or using our Service and you must update your details if they have changed since your last use of our Service.

DeVine Wine Online 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 DeVine Wine Online 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.

When placing an order with DeVine Wine Online via the website you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you are 18 years of age or over. When placing an order with DeVine Wine Online you represent and warrant to us that you are at least 18 years of age.

You agree that our Service shall be used for lawful purposes only and that you will not use any obscene or offensive language, or place on the Service any material is false, defamatory, abusive, harassing or hateful.

Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation.

You agree and acknowledge that your failure to follow the rules set forth in this Agreement may subject you to civil and criminal liability.

 

Responsible Service of Alcohol

DeVine Wines Online encourages the legal and responsible consumption of alcoholic beverages.

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 DeVine Wine Online and/or placing an order you are confirming to us that you are at least 18 years of age. DeVine Wine Online also recommends that alcohol only be consumed in moderation.

DeVine Wine Online does not deliver to any of the dry areas listed.

  • 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 – 4895
  • Yarrabah Postcode – 4871

 

Changes to Items Listed

We may withdraw and/or re-offer (upon your approval) any item listed for sale by DeVine Wine Online if the item  becomes unavailable; is withdrawn by the manufacturer or supplier; or was incorrectly described or listed.

 

Availability

All products are offered for sale subject to availability. If the product is out of stock, we will contact the purchaser and offer either a substitute product of at least equal quality or issue a credit to your credit card account to the amount that has been charged.

Whilst the website makes reference to DeVine Wine Online products, we give no guarantee that the products or services will be available at all times. You will be notified as soon as possible if this is the case.


Cancellation due to error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

 

Price

All prices are in Australian dollars. Prices are inclusive of goods and services tax.

 

Payment

Payment must be made at time of transaction. You can pay with Visa, Mastercard or you can also use PayPal (or even set up a new PayPal account if you haven’t already got one).

You will receive a confirmation tax invoice by return email once the transaction has been processed and your payment approved. The invoice will show the prices for the items you have ordered, including relevant GST if applicable, and will also include the delivery charge specified on this website which is based upon the postcode to which your order is to be sent.

The data registered by you on this website shall constitute full proof of the transaction, including payment.

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon delivery.

 

Delivery Information

For orders placed by 2pm Monday to Friday, your products will be despatched within 1 working day of the order being accepted, subject to the products being in stock.

Delivery times to the following regions are Australian Post guidelines only and are based on the number of working days following product despatch. However, if we can get your order there quicker, we will.

Whilst we will try our hardest, sometimes Australia Post has problems beyond our control i.e. high seasonal demand, sub contractor issues, logistical errors. We will always use Australia Post because they have the largest ‘hub and spoke’ distribution network, but problems do occur – yes, very annoying but that’s life!

We use all reasonable endeavours to deliver by any requested or agreed date, however it does not guarantee delivery on that date and is not liable for any loss resulting from late delivery.

We no not ship wine internationally at this stage.

Sydney Metro 2 days
NSW Country 2-3 days
Canberra Metro 2 days
Melbourne Metro 1 day
Vic Country 1 day
Brisbane Metro 3 days
Sth East Qld 3 days
Qld Central 3-5 days
Far Nth Qld 4-6 days
Adelaide Metro 2 days
SA Country 2-3 days
Perth Metro 4 days
WA Country 5-7 days
Tasmania 3 days
Darwin City/Subs 4 days
Alice Springs 3 days
NT Other 4-6 days

 

Proof of age

Goods will not be delivered to persons under the age of 18 years. DeVine Wine Online may request that the person who receives the goods provide evidence of proof of age and we shall presume that anyone at the nominated delivery address who receives the goods is authorised to do so.

 

Returns

We want you to enjoy your wines. You may find on opening a wine that it is not to your taste or that you think it is not right. If you have a decanter, pour it and let it sit for a while and give it another taste after half an hour. If you are still not happy, open a second bottle if there is one. If this is fine, then we would be happy to offer you a full refund or credit note on the first bottle. We will not accept returns where more than 2 bottles have been opened & tried. We require you to keep the wine that you are unhappy with as a refund is not possible without it.

If you’re not 100% satisfied with your purchase because the wine you chose is not to your taste, you can return your order to us and a credit note will be issued to you for use on future purchases. Or you can choose to receive a refund in full less freight & insurance charges. You can return your purchase up to 1 month from the purchase date. Products must be in the original box and/or packaging all of which must be undamaged. Once your return is received by our team, we will inspect the return and assess your claim. If applicable, we will offer you a refund, replace the goods or apply a credit to your DeVine Wine Online account within 7 days.

Our quality guarantee is offered on good faith, and we ask that it only be used in genuine cases where you have been unsatisfied with your purchase. We reserve the right to refuse a request for a return/refund policy if we believe a customer is abusing the policy. We will bear the reasonable cost of returning goods that are defective or do not meet the product description. All other returns are at your expense.

 

Damaged in transit

Should you receive a case of wine that appears to have been damaged in transit we will provide you a replacement, or an alternative product of equal value of your choice, or a credit note. Should you receive a product that is different to what you ordered then we will provide you a replacement (if product is available), or an alternative product of equal value of your choice, or a full refund.

You will need to supply the following information, most of which will be on your invoice upon returning the product: your name & contact details, the invoice number & invoice date, description of product to be returned and the reason for return.

Please note, in the event that you receive a product that appears to have been damaged in transit you should: refuse to accept delivery of the product, direct the courier to return goods to sender and notify Team DeVine immediately on [email protected]

If you have already accepted delivery, and then notice that the product appears to have been damaged during transit you should notify us immediately so we can process the return as “Damaged in Transit”.

All returns are to be delivered to:
PO Box 4039
Richmond East VIC 3121

 

Content

The content of the pages of our Service is for your general information and use only. It is subject to change without notice.

DeVine Wine Online does not provide any warranty or guarantee as to the accuracy, quality or completeness of the information and materials found on the service for any particular purpose.

Your use of any information or materials on the service is entirely at your own risk, for which DeVine Wine Online shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the service meet your specific requirements.

All promotional deals and offers are subject to terms and conditions which may vary from time to time and the availability of stock.

Any information or material placed on our Service by users, including ratings, reviews, advice and opinions, is the view and responsibility of those users and does not necessarily represent our views.

 

Errors & Omissions

Any information DeVine Wine Online publishes may contain inaccuracies or typographical errors. At our discretion, we may make changes to information we publish at any time without notice.

 

Links

Our Service may also include links to other websites. These links are provided for your convenience to provide further information.

DeVine Wine Online has not reviewed and does not  expressly or impliedly endorse the content of all sites linked to or from this service and is not responsible for the content or actions of any other sites linked to or from our Service. Linking to those sites and your use of the products and services made available at those sites is solely at your own risk.

 

Security

Other than connecting to DeVine Wine Online’s software using a Web browser, you may not attempt to gain access to DeVine Wine Online’s operating system by any means including, without limitation, by using administrator passwords or by masquerading as an administrator while using the service or otherwise.

You agree not to disrupt, modify or interfere with the service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the service. You further agree not to alter or tamper with any information or materials on, or associated with, our Service.

 

Copyright and Intellectual Property

Copyright in our Service’s website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by this Agreement, you may not in any form or by any means, without our prior written permission:

  • Copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • Commercialise any information, products or services obtained from any part of this website.

Intellectual property displayed on this website (including copyright material and registered or unregistered trade marks) may be owned, registered or licensed to third parties. You must not infringe the intellectual property rights of any third party through your use of this website. You agree to indemnify us for any claims made against us by a third party for infringement of their intellectual property.

You grant to DeVine Wine Online a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content posted to our Service’s website, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or later developed.

 

Indemnification

You agree that DeVine Wine Online is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including but not limited to, infringing, defamatory, offensive or illicit material.

You agree to indemnify DeVine Wine Online and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your submissions, from your unauthorized use of material obtained through the service, from your breach of this Agreement, or from any such acts arising through your use of the service.

DeVine Wine Online is based in Victoria, Australia. You must ensure that your access to our Service is not illegal or prohibited by laws which apply to your state or area.

Your use of and any reliance you place upon our Service is entirely at your own risk.

When using our Service, information will be transmitted over a medium which, in many cases, is beyond our jurisdiction and control and that of our suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to us.

DeVine Wine Online will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site or any linked website.

 

If you have any questions or queries regarding the use of our Service or the content contained within this Agreement, please feel free to contact us.