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Terms & Conditions

1) About our Website: Welcome to https://www.thegoodwineclub.com.au (the ‘Website’). This Website is operated by The Good Strategy Group Pty Ltd trading as The Good Wine Club (ABN 52645363471), herein referred as ‘The Good Wine Club’.

The Website is an online wine sales platform, gift store and publication (‘the Services’). Access to, and use of the Website, or any of its associated Products or Services, is provided by The Good Wine Club.

Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

The Good Wine Club reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Good Wine Club updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

The Terms set out in this document relate to Website use, if you wish to review terms relating to purchases on products or services, please refer to the Terms and Conditions of Purchase.

2) Acceptance of Terms: You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Good Wine Club in the user interface.

3) Site Registration: You may register and open an account on the Website. If you choose to register an account with The Good Wine Club, it is your responsibility to ensure that any purchase you wish to make is suitable for your use. You will be required to register an account on the Website, if you wish to access our Services and make any purchases.

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including email address, full name, email address, mailing address, delivery address, telephone number, password and date or birth.

You warrant that any information you give to The Good Wine Club in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered account holder of the Website (‘Account Holder’) and agree to be bound by the Terms. As an Account Holder, you will be granted immediate access to the Services, from the time you have completed the registration process until you cancel your membership, or if terminate our Services, in part or whole.

You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with The Good Wine Club, or if you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are a resident.

4) Responsible Service of Alcohol: You may register an account with The Good Wine Club however, this does not mean you are entitled to access our Services, as you must be 18 years or older to purchase liquor products from our Website. You must be able to provide your date of birth, as it is against the law to sell or supply alcohol to, or obtain alcohol for, anyone under the age of 18.

5) Your Obligations as an Account Holder: As an Account Holder, you agree to comply with the following:

a. you will use the Services only for purposes that are permitted by the Terms;
b. and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
c. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
d. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Good Wine Club of any unauthorised use of your password or email address or any breach of security of which you have become aware;
e. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Good Wine Club providing the Services;
f. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Good Wine Club;
g. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
h. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by The Good Wine Club for any illegal or unauthorised use of the Website; and
i. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

 

6) Copyright and Intellectual Property: The Website, the Services and all of the related products The Good Wine Club are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by The Good Wine Club or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by The Good Wine Club, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are an Account Holder to The Good Wine Club does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by The Good Wine Club use the Website pursuant to the Terms, copy and store the Website and the material contained in the Website in your device’s cache memory and print pages from the Website for your own personal and non-commercial use.

The Good Wine Club retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

a. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
b. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
c. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

You may not, without the prior written permission of The Good Wine Club and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7) Privacy: The Good Wine Club takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to The Good Wine Club’s Privacy Policy, which is available on the Website. For more information on how your personal information is managed, stored, and used, please refer to our Privacy Policy. Our Privacy Policy may change from time to time.

8) User Generated Content: You may be permitted to share, post, upload or publish content relating to our service on your social media account however, you must follow the conditions set out in this clause. Your content should not appeal to minors, be indecent or offensive, encourage irresponsible or excessive alcohol consumption and should not be contrary to the public interest and the responsible service of alcohol. Your content should not defame, harass, mistreat or hurt anyone. We reserve the right to remove content at our sole discretion. Your content should not infringe on another parties intellectual property rights. You give us permission to use, modify, enhance and share your content for marketing purposes without notice. Please notify us if you do not give us permission to use your content.

9) General Disclaimer: Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded. The Good Wine Club will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of The Good Wine Club make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of The Good Wine Club) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
b. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
c. costs incurred as a result of you using the Website, the Services or any of the products of The Good Wine Club; and
d. the Services or operation in respect to links which are provided for your convenience.

10) Limitation of liability: The Good Wine Club’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that The Good Wine Club, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

 

1) Parties: This agreement is between the following parties (“Parties”): –

a) The Good Strategy Group Pty Ltd ABN 52 645 363 471 trading as The Good Wine Club (Our Liquor Licence number is LIQP770017705 and our Licensee is The Good Strategy Group Pty Ltd (Approved Manager Dimitrios Moustakas), referred herein as “The Good Wine Club”, “us”, “we” or “our”; and

b) The person who has placed on the order, or the person noted as the recipient of the order referred herein as “the Customer”, “you” or “your”.

2) Agreement: You may place an order and purchase any of our products (“Products”) or service (“Services”) through our website (www.thegoodwineclub.com.au) for a fee (“Fee”). We may accept orders via email, facsimile or by phone. By placing an order with us, you agree to the Terms and Conditions of Purchase (“Terms”) set out on this page (“Agreement”). You should carefully read these Terms and ensure you understand your obligations as you are legally bound by these Terms. If you do not agree with our Terms, you may not place an order with us.

3) Legal Drinking Age: Limit The Good Wine Club practises the responsible service of alcohol. You must be the 18 years of age or older to purchase liquor Products through our purchasing platforms. Please note, it is against the law to sell or supply alcohol to, or obtain alcohol for, anyone under the age of 18. By law, you are required to supply your date of birth when placing an order with us.

4) Products and Services: You may place an order and purchase a Product or Service in exchange for a one-off, or an on-going Fee. Fees relating to Products and Services can be found on our website, or other marketing material. There are four types of Products you can choose to purchase from us: –

• Wine Club Subscriptions and Book + Wine Subscriptions (Liquor): These subscriptions are an on-going, reoccurring delivery service of wine. They are subject to an on-going fee. You may cancel your subscription at any time in accordance with these Terms.

• One-Off Liquor Purchases (Liquor): You can choose to make a one-off liquor purchase this can be a mixed case, packaged varieties, or any other liquor products that are not a Wine Club subscription Product. A one-off liquor purchase is subject to a one-off fee.

• Gift Shop (Non-Liquor): You can choose to purchase a variety of non-liquor products available in our gift shop for a one-off fee.

• Platinum Wine Program (No-Liquor): For a yearly fee you will be entitled to discounted to free shipping on products and product exclusives.

You will be required to create an account with us before placing an order and making a purchase. You acknowledge and agree that it is your responsibility to ensure that any Products or Services you elect to purchase is suitable for your use. For more information, please refer to our website.

5) Availability of Stock: In the highly unlikely event, we are unable to fulfill your order in its entirety due to availability, we shall replace a bottle with an equivalent substitute, or it shall be replaced with the next vintage. Due to the nature of the wine production and agricultural limitations, once a vintage runs out, we are unable to source it again.
6) Payments: All Fees are inclusive of GST and quoted in Australian Dollars (AUD). We do not accept part payments at any time unless otherwise specified. Fees must be paid in full before any Products or Services are released.

We accept the following payment methods: American Express, Visa, MasterCard, Paypal and JCV. Payment by digital wallet or Buy Now, Pay Later may available. Payments through Paypal may be subject to a 3% processing and administration fee.

All payments made in the course placing an order for a Product or Services are made using Stripe, Paypal, Zippay and Afterpay. In making a payment, you warrant that you have read, understood and agree to be bound by the terms and conditions of Stripe, Paypal, Zippay and Afterpay, which are available on their website.

You acknowledge and agree that where a request for the payment for a Product or Service is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fee.

7) Billing: You acknowledge and give us permission to debit your payment details in accordance with your subscription until cancelled or terminated. You will be billed on the anniversary date of your subscription frequency or the closest day to that date (“Billing Date”). Subscriptions generally run on the following schedule: monthly, every second month and every third month. Subscription orders will only be released after full payment is deducted, unless otherwise specified.

You may change your payment method details by updating your account details online. For any other purchase other than a subscription, you must pay for your order in full at the time of placing an order with us.

8) Cancellation of Subscription Service: You may cancel your subscription at any time without penalty or cancellation fee. You if wish to cancel your subscription prior to your next delivery, please ensure to do this prior to your next Billing Date. Subscriptions that are cancelled on or after the Billing Date will take effect on your next subscription cycle. You can cancel your subscription by logging into your account or by contacting our Customer Service Team.

9) Termination: We reserve the right to refuse service, terminate this agreement or cancel your order in part or full. In such event, you will provided with notice and any monies we have received from you (if applicable). We may cancel your order under this clause in the following situations: –

• Where we are legally required by law;
• If a Product is unavailable or is out of stock;
• If you cannot confirm your identity and date of birth;
• Due to a pricing error or description error;
• Where a product or service is no longer commercially viable;
• Your delivery address falls outside our delivery area;
• Unable to obtain payment or authorisation for payment;
• Misuse of promotional codes or in instances of fraud;
• Payment is provided through unlawful means;
• Your order is in breach of these Terms and Conditions; and
• Any matter that is contrary to the responsible service of alcohol; and
• Any matter that is contrary our Liquor Licence.

10) Title and Risk: The Customer shall retain title to the Products once full Payment is received by us. All risk in the Products will pass to you upon delivery of the Products to your delivery address.

11) Warnings: For safety purposes, as a warning, Customers should be aware of some of the inherent risk associated with the consumption and use of our Products: –

• Where possible, Customers should store liquor products in temperature appropriate environments such as cool dry areas, away from the sun;
• Cases of wine can be heavy, as such, Customers should handle packages with care, do not transport 1 to 2 bottle at a time and where applicable observe proper lifting techniques;
• Alcohol should be consumed moderately; excessive consumption can be injurious to your person and health;
• Comply with safety warnings where noted on wine bottle packaging;
• Before handing or opening any liquor products, you should inspect the product to open ensure there are not physical defects on the bottle such as cracks or chips;
• When opening wine, especially sparkling products, ensure bottles are open with care and away from people; and
• Customers should not supply or obtain liquor for anyone under the age of 18 as it is illegal and can cause serious injury, alcohol poisoning or death.

12) COVID-19 Pandemic Delays: COVID-19 has affected the way in which parcels move throughout the country. Due to the restriction of movement and isolation orders, and an increase in health and safety protocols, your order may be delayed as our national delivery network are managing ongoing changes to their daily operations.

13) Delivery: Deliveries are managed by our third-party delivery partners and Australia Post. We shall attempt to deliver your order to the delivery address specified in your order (“Deliver Address”).
We can only deliver liquor to the adult person who placed the order, or to an adult at your Delivery Address who undertakes to accept the order on behalf of the person who placed the order. Authority To Leave options may be available, if deemed safe to do so.

Unless have you expressed otherwise, if you are not available to receive your delivery at your delivery address, we may leave the order with another adult who is 18 years or older at your delivery address. We presume they have authorisation to accept the order on your behalf.

If no one is available to collect your order at your Delivery Address, or it is unsafe to do so, the delivery driver will leave you with a card with detailed instructions on how you can collect your order from your local post office or courier depot. You will then have 10 days to collect your order. You, or your authorised representative may be required to provide identification upon receiving or collecting your order. Where possible, we recommend you provide a Delivery Address where you will be able to sign-off on your delivery during business hours.

Your order will be delivered within the time frame specified in the ‘Delivery, Retruns & Billing’ page. We endeavour to have all orders delivered within 3-14 days. Please note, all rural deliveries may be left at the local post office for collection. Upon receiving your order, you are required to check for any visual defects eg. cracked bottle or broken seals. Please let us know if your order has an defects as soon as possible.

14) Delivery Zones: We deliver liquor to most parts of Australia excluding alcohol free zones and prohibited areas. We currently do not deliver to the Northern Territory at this stage.

15) Shipping Costs: All orders will incur shipping costs (“Delivery Fee”). Delivery Fees are calculated upon checkout. Free shipping is available for all orders that are $299 or over. Platinum Wine Program holders are entitled to free or discounted shipping on all orders. Please see ‘Deliver, Returns & Billing’ page for a summary of costs.

16) Satisfaction Promise: The Satisfaction Promise (“Satisfaction Promise”) is only available for customers who hold a current Wine Club subscription. If you are unsatisfied with a bottle in your order, we may issue you a credit or a provide an equivalent replacement bottle (for the same value), on your next order. You may be asked to provide further information when making a claim. You have 30 days to make a return under this policy. We reserve the right to alter or revoke this promise at any time as this promise is to be redeemed in good faith. If we have reason to believe that this promise is being used as an abuse of process, or if we notice an unusual pattern of returns, we may suspend this offer and your ability to purchase to from us in future.

17) Fraud Prevention: Due to the increase of online scams and fraudulent online activity, we may share information to the police or crime prevention agencies for the purposes of preventing criminal activity. We may share personal information where we are legal obligated to by law.

18) Returns: If you wish to make a return, please contact our customer service team via email. You may be required to complete a one-page form called a ‘Returns Form’ to assist in the returns process. Unless expressed otherwise, before any refund, credit, or replacement is provided the goods must be received and returned to us. You may be required to provide evidence of broken items.

Liquor Products: You may return your order within 60 days from the date of delivery. Where an order is returned, the entire order must be in its original condition, unopened in original its packaging (other than faulty or damaged returns), in a cardboard box taped and sealed. If your order has been opened or partly consumed, we may accept your return at our discretion. If we accept your return, we will provide you with refund, credit, or replacement subject to this clause.

Non-liquor Products: You may return your order within 15 days of the date of delivery. If your items are deemed faulty or damaged by us, we shall provide you with a refund, credit, or replacement. We do not accept returns on a ‘change of mind’ basis.

19) Security: All personal information, including your details, credit card/payment information and delivery details will be stored on an encrypted and secure network. We continuously assess and monitor our online safety management processes and only implement technology from reputable software providers. The retention of your information is subject to our Privacy Policy. For privacy matters please refer to our Privacy Policy.

20) Promotions and Giveaways: From time to time, we may publish and advertise promotions and giveaways. These promotions and giveaways shall be subject to their own terms and conditions which will be published on our website footer.

21) Dispute Resolution: (a) Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:

(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the NSW Civil and Administrative Tribunal or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertakes to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Sydney, Australia.

(d) Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation: If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

22) Venue and Jurisdiction: The Services we offer are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for
resolving any dispute shall be in the courts of New South Wales, Australia.

23) Governing Law: The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

24) Independent Legal Advice: Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

25) Severance: If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

26) Wholeement Agre: The Terms and Conditions set out on this page, our Privacy Policy and our Website Terms of Use constitute the whole agreement between you and us.

27) Amendments: We may make changes to these Terms and Conditions at our discretion from time to time without notice. You should from time to time check these Terms & Conditions. Once amended, you are bound by these changes as and when they are published on our website. We shall provide notice to current Wine Club Subscribers when a material increase in subscription price is amended within 30 days of such change.

28) Feedback and Complaints: Your feedback is important to us. If you are unhappy with our service or any of our products, please contact us and our customer service team we will endeavour to work with you to resolve any issues or complaints you may have.

29) Contact us: You may contact through the following methods: –
• Telephone: 1300 18 17 08
• Email: info@thegoodwineclub.com.au
• Mail: PO BOX 7018, Alexandria 2015 NSW

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