Terms and Conditions September Promotion Spend and Earn - Online Only
Terms & Conditions
Version: February 2023
Disclosures under Fair Trading Act 1987 (NSW)
Please ensure you carefully review the terms and conditions below which apply to the sale of products through our websites, in particular:
2. Your agreement to these Terms
(c) “Products” has the meaning given in clause 1.1 above;
(d) “Terms” means these Terms & Conditions; and
(e) “Website” means www.distinctionwines.com.au and all associated pages owned and operated by Accolade Wines.
4. Access to Website
4.1 Your access to the Website may be suspended without notice in the case of system failure, maintenance, any reason beyond our control, or simply because we wish to do so.
4.2 Except as expressly provided otherwise in these Terms, we reserve the right to change or discontinue any website, page, functionality, feature or service on the Website at any time.
4.3 In order to access the Website, you must be of legal drinking age (i.e. the age you are legally permitted to buy and drink alcohol) in the country in which you access the Website. By accessing the Website, you warrant and represent to us that you are of legal drinking age in the country in which you are located.
5.2 You must be at least 18 or older to create an account on the Website. By creating an account, you represent and warrant to us that you are at least 18 and the date of birth you have provided during the registration process is accurate.
5.3 You may register for an account using your email address and nominating a password. You must treat your password as confidential and not share it with any other person.
5.4 You must only have one active account at any one time. Your account is not transferable.
5.5 You must ensure that the personal details (including your Delivery Address) you provide to us are accurate and kept up to date. You may update your details at any time through the Website.
(b) must not use false or misleading information when registering your account details;
(c) must promptly advise us of any changes to your information provided to us as part of the sign-up process (including billing address, Delivery Address and phone number);
(d) must not allow any other person to use your account;
(e) are responsible and liable for any person that uses your account to place an Order (notwithstanding the preceding paragraph); and
(f) agree that we may charge you for all Products that have been ordered from the Website using your account.
5.7 You agree to provide us with current, complete and accurate details if we request information from you.
5.8 Please see clause 18 for how we handle personal information that you provide us during the registration process.
5.9 You are not permitted to purchase Products on this Website for resale or trade purposes. If you are wish to purchase Products for resale or business purposes, please contact us on firstname.lastname@example.org
6.1 All prices given by us are effective as at the date on which the price is given and are subject to change in our discretion without notice to you.
6.2 Unless otherwise specified, all prices are exclusive of any delivery costs (including freight, loading and insurance).
6.3 Prices are inclusive of all applicable taxes and are represented in Australian dollars.
(b) Step 2 – Enter the Shopping Cart and select ‘Proceed to Checkout’
(c) Step 3 – If you are an existing customer, log in to your account. If you are new customer, you must register for an account prior to placing an Order (please see clause 5 above).
(d) Step 4 – Place your order by selecting “Checkout” and making payment.
7.2 Once you have placed an Order, you will receive an email from us acknowledging receipt of your Order. However, this does not mean your Order is accepted by us. Your Order will only be accepted by us once we email you confirming that the Products you Ordered have been dispatched. It is at this point that the contract between you and us for the sale and purchase of the Products in the Order will be formed and become binding. The contract formed includes these Terms.
7.3 Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these Terms.
7.4 We make every effort to ensure that the correct prices are displayed on our website. However, if we discover an error in the price of the products you have ordered before they are delivered to you, we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled and notify you accordingly.
7.5 Please note our products are subject to availability. While we will try our best to ensure that the Website only displays products which are in stock, this can change quickly and there may be circumstances where a product you have Ordered is unavailable. If this occurs, we will notify you and you will have the opportunity to cancel your order (please see clause 9 below) or order a suitable replacement, otherwise we will notify you that we cannot accept your order.
7.6 You agree to comply with all applicable laws and regulations relating to your use of the Website, your placement of any Order or the purchase of Products.
7.7 We reserve the right to refuse service, suspend or terminate accounts and/or remove or edit content if we, acting reasonably, deem that you are acting in breach of these Terms or are using the Website in a fraudulent or improper manner. We also reserve the right to otherwise cancel Orders in accordance with clause 9.
7.8 You may not purchase any Products through this Website for the purpose of resale. We may refuse to supply Products if multiple Orders are placed for large quantities of the same Product for the same billing or Delivery Address, or if we otherwise suspect that you intend to resell the Products.
8.4 From time to time, we may offer a Customer Loyalty Program. If we offer a Customer Loyalty Program, separate terms and conditions will apply and those terms will be available on our website. If you participate in the Customer Loyalty Program, you may redeem points that you have earned under our Customer Loyalty Program to pay for your order (in full or in part).
8.5 You may also pay for your order using eligible gift cards issued by us. Gift cards are subject to the terms and conditions issued with the gift card. Gift cards must be used prior to their expiry date. We will not replace lost, stolen or deleted gift cards. Gift cards are not reloadable or redeemable for cash.
(b) there is an error in the price or the product description for the Products on the Website;
(c) the Order was placed in breach of these Terms;
(d) we determine that we are, or may be, unable to supply Products within a reasonable time or at all; or
(e) the Products in that Order are subject to a recall or withdrawal.
9.3 If any payment for a cancelled Order has been received by us, then:
(b) for a partly cancelled Order, the amount paid in respect of the cancelled Products, will be refunded to your original payment method, or where we deem appropriate (acting reasonably), through an alternative means.
10.2 You are responsible for ensuring the Delivery Address is complete and accurate. We have no liability whatsoever for any Products delivered to an address which has not been correctly recorded or updated by you on the Website.
10.3 Any time or date stated by us for delivery of Products is an estimate only and you shall not be relieved of any obligation to accept the Products by reason of any delay.
10.4 We will only deliver Products ordered through the Website to a location where our delivery service providers services. We only ship to addresses in Australia. We do not ship to PO boxes.
(b) must ensure that the person authorised by you to receive your Order is over the required age to receive Products as prescribed by law or as otherwise set out in these Terms; and
(c) agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your Order through the Website.
10.7 You acknowledge that it is an offence for liquor to be delivered to a person under the age of 18 years, or for a person under the age of 18 years to purchase liquor.
10.8 If the person accepting delivery of your Order cannot prove to the reasonable satisfaction of our delivery service provider that they are over the legal drinking age, or there is no person over the legal drinking age at the Delivery Address, our delivery service provider will not deliver the Products you have ordered. In these circumstances, our delivery service provider will contact you to provide an alternate means to receive your Order.
10.9 If you authorise us to leave Products at the Delivery Address unattended, you:
(b) acknowledge that, notwithstanding your authorisation, the person delivering the Products has discretion whether to leave the Products at the Delivery Address.
12 Change of Mind Returns
(b) the applicable Product has not been opened or damaged, and is in a re-saleable condition; and
(c) the ordered Product is in its original packaging (i.e. if the Product was delivered in a carton, the carton must be unopened).
12.4 Please note that any delivery fee incurred to deliver the Products from us to you will not be refunded if you return the Product for a change of mind.
12.5 This clause 12 only applies to returns where you have changed your mind. This clause 12 does not limit any rights to return Products that you may have at law, including under the Australian Consumer Law.
13.2 All promotions are subject to these Terms, and may also be subject to their own additional terms and conditions specified with the promotion.
(b) are subject to Product availability;
(c) may not be used in conjunction with any other offers or promotions (unless specified otherwise); and
(d) are not redeemable for cash.
14.2 We reserve the right to change our Customer Loyalty Program benefits, terms and conditions at any time.
15 Claims and Implied Terms
15.3 You must notify us of any claim for incorrect supply of Products within 7 days of receipt of the Products. Within 14 days thereafter, you must provide full particulars and substantiation of the claim in writing to us. To the extent permitted by law, any claim which you do not notify or substantiate within the applicable timeframes above (time being of the essence) shall be deemed to have been absolutely waived.
15.4 Subject to clause 15.6, to the fullest extent permitted by law:
(b) we do not warrant that your access to the Website or any part of it will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system.
15.6 Certain legislation, including the Competition and Consumer Law Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us 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 the Products being of merchantable quality or fit for purpose for which they were supplied to you. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in these Terms and to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to:
(ii) the repair of the Products;
(iii) the payment of the cost of replacing the Products or of acquiring equivalent Products; or
(iv) the payment of the cost of having the Products repaired; or
(ii) the payment of the cost of having the services supplied again.
15.8 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 the liability arises in contract, tort (including negligence), under any statute or otherwise.
18.5 By registering for an account, you consent to receiving promotional and marketing communications from us and our related bodies corporate regarding our respective products, services and special offers.
19.2 Except as expressly provided otherwise in the Terms, you do not have any right, title or interest in or right of use of any content or material on the Website.
19.3 You may view content or print a copy of material on this Website for your personal, non-commercial use, provided that you do not modify the content in any way.
19.4 You must not otherwise copy, adapt, reproduce, publish or distribute content found on this Website in any form without prior written permission from us (unless otherwise permitted under any applicable law in your location). You must not frame any of the content of the Website or incorporate it into another Website.
19.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
20.2 The payment gateways (if any) integrated into the purchase process made available through this Website are maintained or developed by third party service providers. Your use of such services is subject to the terms and conditions of use maintained by such third parties and we are not responsible to you for your use of their payment gateway services. You acknowledge that we have no responsibility for and are not liable in relation to any information provided to or via the payment gateway.
21.2 You agree not to use the Website for any purpose that is fraudulent, unlawful or otherwise prohibited by these Terms.
21.3 You acknowledge that no data transmitted over the internet is secure, and we do not warrant, and cannot ensure, the security of your data. You transmit data using the Website entirely at your own risk.
21.4 You must comply with the terms of our Acceptable Use Policy when using the Website.
21.5 You must not, without our prior written consent:
(ii) is defamatory, offensive, threatening, abusive or otherwise unlawful,
(iii) includes personal information of another person unless you have their consent;
(iv) poses a privacy or security risk to any person;
(v) you know or suspect to be false, misleading or deceptive;
(vi) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
(vii) interferes with, disrupts, or creates an undue burden on the Website or any systems, or networks connected to the Website; or
(viii) uses any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website or any content on it;
(c) frame or mirror any part of the Website;
(d) use code or other devices containing any reference to the Website to direct other persons to any other web page;
(e) attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers (including by hacking, password mining or any other illegitimate means);
(f) probe, scan or test the vulnerability of the Website or any network connected to the Website;
(g) breach the security or authentication measures on the Website or any network connected to the Website;
(h) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website to its source;
(i) use any device, software or method to interfere with the proper working of the Website, any transaction being conducted on the Website or with any other person’s use of the Website; or
(j) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website.
22.2 The rights and obligations of the parties will not merge on completion of any transaction under these Terms.
22.3 Any waiver by us under these Terms must be in writing and signed by us. No failure, delay or the like by us shall affect our legal rights under these Terms.
22.4 We may amend these Terms from time to time by posting the changes on our Website. You will be subject to these Terms and all applicable policies that are available on the Website as they exist at the time that you order Products from us.
22.5 If any of provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining condition.