Terms of service

Last updated on 29/09/2022

Union Street Wine Pty Ltd

ABN 69 163 745 631

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Union Street Wine.

In these terms, we also refer to Union Street Wine as “our”, “we”, or “us”.

And you are you!

 

What are these terms about?

These terms apply when you use this website, being https://unionstreetwine.com.au/ (“Website”).

These terms also apply when you purchase products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [Insert Link].

 

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you buy Products (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

 

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

 

 


 

  • For When You Buy Products…
  • SUBMITTING AN ORDER
    • By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
      • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      • you are authorised to use the debit or credit card you provide with your Order.
    • Subject to 1(a), you agree that you must be over the age of 18 years to order alcohol from Union Street Wine. By placing an order for the Products which contain alcohol, you represent and warrant that the person receiving the Order is at least 18 years old. Proof of age and signature will be required on or before delivery. If you or the receiver of the Products do not provide proof of age, then we may refuse to deliver the Products and you will be provided a refund for your Order excluding delivery costs.
    • Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
    • Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
  • ACCOUNTS
    • You may submit an Order as a guest or you may register and receive an account through the Website (an Account), upon which you can submit an Order with an Account.
    • As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
    • You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
    • Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
    • You agree that you are solely responsible for:
      • maintaining the confidentiality and security of your Account information and your password; and
      • any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
    • You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
    • We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
    • We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
  • Sale of PRODUCTS
    • General
      • We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
      • You acknowledge that all our Products are subject to availability. We do our best to keep our Products in stock and to keep the Site up to date on the availability of Products. If for some reason, we are unable to supply the products you order, we will contact you using the details you provided when you have placed the Order.
      • Until the price of your Products is paid in full, title in those Products is retained by Union Street Wine. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
    • Subscription
      • Our wine subscription service is a periodic wine delivery service based on your selection of:
        • the combination of wine choices as set out on our Website which may be varied in our sole discretion from time to time (Wine Preferences); and
        • the frequency of delivery (eg. 1 month, 2 months, 3 months, 6 months and 12 months).

(Wine Subscription)

  • Your Wine Subscription will automatically renew each billing cycle based on your chosen subscription delivery frequency. You will be charged for each Order on the calendar day corresponding to when you first placed your Order for your Wine Subscription (Billing Date).
  • You acknowledge that the mix of wines for your Wine Subscription will be made by us based on your Wine Preferences shared with us on our Website.
  • You may change your Wine Preferences and the frequency of your Wine Subscription delivery at any time by updating your Account on the Website (Wine Subscription Changes). All Wine Subscription Changes must be done at least 5 business days prior to when your next Wine Subscription delivery is due to give us sufficient time to process the changes in your Wine Subscription.
  • Subject to clause 3.2(d), you agree to release us from any liability for, any costs, loss, damages or expenses arising out of a failure by you to:
    • update your Wine Subscription Changes within the stipulated timeframe; and
    • ensure that your contact and address details are up-to-date at all times.
  • You acknowledge that your Wine Subscription automatically continues until cancelled in accordance with clause 7.2(b).
  • We reserve the right to alter the terms of this clause 2 at our sole discretion and at any time, including by:
    • altering your Billing Date; and
    • cancelling our wine subscription service

(Subscription Change)

  • We will make reasonable efforts to notify you whenever a Subscription Change is made. You agree to release us from any liability for, any costs, loss, damages or expenses arising out of a Subscription Change in accordance with clause 3.2(g).
  • PAYMENT
    • All prices are:
      • per unit (except where indicated);
      • in Australian Dollars; and
      • subject to change prior to you completing an Order without notice.
    • (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
    • (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Union Street Wine, you must pay the GST subject to Union Street Wine providing a tax invoice.
    • (Card surcharges) Union Street Wine reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    • (Online payment partner) We use third-party payment providers like Stripe and Shopify (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    • (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
  • DELIVERY AND SHIPPING
    • (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
    • (Delivery Details) Union Street Wine may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
      • delivery is to the delivery point specifically accepted by Union Street Wine; and
      • we will deliver the Products to you in accordance with legislation set out in the Liquor Control Reform Act 1998 and the shipping information displayed on our Website.
    • (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
    • (International Orders) Union Street Wine reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
  • GIFT CARDS and Discounts
    • General

For the avoidance of doubt, all gift cards and vouchers issued online through our Website are only redeemable through our Website and not at our retail stores.

  • Gift Cards
    • We may issue gift cards for use on our Website.
    • Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you by us.
    • Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
  • VOUCHERS AND DISCOUNT CODES
    • We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
    • A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
    • If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
  • Cancellation
    • CANCELLATION BY US

All Orders placed are subject to availability. We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

  • CANCELLATION BY YOU
    • (One-off Orders) You may cancel Orders that are not Wine Subscriptions up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8 may apply.
    • (Wine Subscription Cancellations) You may cancel your Wine Subscription at any time by notifying us through our Website at least 5 business days prior to the next Billing Date (Cancellation Period). If you fail to cancel your Subscription within the Cancellation Period, you will be charged the Wine Subscription fee for the next Billing Date and your cancellation will only be effective for the following period.
  • RETURNS AND EXCHANGES
    • General
      • We do not offer change of mind returns. This includes if you do not like the flavour profile, tasting notes or otherwise of the Products. This no change of mind policy for returns does not limit or apply to any returns made for defective products in accordance with the other terms of this clause
      • We will provide a full refund of the price paid for a Product or an exchange for the same or similar Product if we determine that:
        • a Product you have ordered was not received by you solely due to failure by us; or
        • a Product is faulty, in accordance with this clause 8.
      • Any refunds provided under this clause 8 will be issued to the same payment method which was used for the purchase and will be processed within 4 weeks of confirmation that the conditions of refund have been met.
      • Please note that you must read the label on the Product before consuming. By consuming our Products, you agree that you have read the ingredients and are satisfied that you will not have an allergic reaction. You agree that Union Street Wine will not be liable for any liability arising from a reaction you may have after consuming the Products.
    • Notification and inspection
      • You must inspect all Products immediately on receipt of the Products and before use/consumption.
      • You may reject any Products as defective provided that you give us notice of such defect within 7 days of receipt or before use/consumption (whichever is first, unless a greater amount of time is required under the Australian Consumer Law).
      • You must do all that is reasonable to prevent the Products from becoming defective or to mitigate further harm or damage. Products must be stored in a manner that does not cause any further harm or damage to the Products. Products (whether defective or not) must be stored and handled in the same manner as if they had no defect.
      • We may require that you provide us with proof of the defect including by way of photographic or video evidence before you send it to us. In providing this information to us you authorise our use and disclosure to those third parties that may assist us in assessing the defect (such as the manufacturer or third party service providers).
    • How to return Products
      • Once we have received the information about the defect and consider it likely that there may be a defect in the Products, we will provide you with instructions on how to send the Products back to us. Please note that we reserve the right to assess the Products before providing a replacement or refund in accordance with clause 4. 
      • In sending the Products back to us:
        • ensure the Products are packaged and stored in a way that will not cause any further harm or damage to the Products. We are not responsible for any damage caused during return transit due to inadequate protection or storage methods;
        • ensure that the Products are packaged and delivered with registered post (or a similar service). We will not be responsible for any Products lost in the post;
        • certain costs may be incurred by you in returning the Products to us, including postage or freight costs. We are not liable for those return costs (although if we accept that a Product is defective, we may reimburse you the costs of return upon receipt of evidence of the costs incurred); and
        • you must return the Products in the way as instructed by us or we will be unable to process your return and your Products may be forfeited.
      • PRODUCTS being assessed
        • We reserve the right to assess the condition and age of the Products before providing a replacement or refund. We will not be liable for or required to accept any return for any defect or damage where such defect or damage is caused or partly caused by or arises as a result of:
          • your acts or omissions, including where you fail to take reasonable steps to prevent them from becoming defective or you fail to follow our instructions or standard practice for products the same as or similar to the Products (such as a failure to keep the Products refrigerated where required);
          • continued consumption after discovering the defect; or
          • wilful damage, negligence or abnormal use or storage conditions.
        • For some Products that we cannot assess ourselves, we may arrange for the Products to be sent to the manufacturer for assessment. In these circumstances, depending on the Products, please be aware that it may take several weeks to complete this process.
        • If there is a defect in the Products then you can choose between a replacement for a similar Product, or exchange, unless a refund is required by law.
        • In the event that we do not find a defect in the Products, the replacement, refund or exchange will be refused, and the Products will be returned to you at your cost.
        • In the event that you fail to comply with any of your obligations set out under this clause 8, including in respect of the return of Products, we reserve the right to refuse to provide you with a replacement or refund of the Products in our discretion.
      • INTELLECTUAL PROPERTY
        • Union Street Wine retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
        • In this clause 9, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
      • PUBLISHING MEDIA ONLINE AND ON SOCIAL MEDIA 

You may publish images or videos of the Products online or on social media (or both). If you publish images or videos of the Photos, we ask that you provide accreditation to “Union Street Wine” by watermark, reference, tagging or hashtag. We reserve the right to require you to remove any images or videos that include the Products or remove any accreditation to us.

  • THIRD PARTY SUPPLIERS
    • We may do any of the following:
      • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
      • procure materials and Products from third party suppliers,

without further notice to or permission from you.

  • To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

 

  • For When You Browse This Website…
  • ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

  • YOUR OBLIGATIONS

You must not:

  • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Union Street Wine;
  • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
  • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  • use the Website with the assistance of any automated scripting tool or software;
  • act in a way that may diminish or adversely impact the reputation of Union Street Wine, including by linking to the Website on any other website; and
  • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    • gaining unauthorised access to Website accounts or data;
    • scanning, probing or testing the Website for security vulnerabilities;
    • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    • instigate or participate in a denial-of-service attack against the Website.
  • INFORMATION ON THE WEBSITE
    • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      • the Website will be free from errors or defects (or both, as the case may be);
      • the Website will be accessible at all times;
      • messages sent through the Website will be delivered promptly, or delivered at all;
      • information you receive or supply through the Website will be secure or confidential; and
      • any information provided through the Website is accurate or true.
    • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
  • INTELLECTUAL PROPERTY
    • Union Street Wine retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Union Street Wine or as permitted by law.
    • In this clause 15, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  • THIRD PARTY TERMS AND CONDITIONS
    • You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
    • You agree to any Third Party Terms applicable to any third party goods and services, and Union Street Wine will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  • LINKS TO OTHER WEBSITES
    • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  • THIRD PARTY PLATFORM
    • This Website is powered by several third party platforms and the terms and conditions of those third parties may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here:
    • To the maximum extent permitted under applicable law and our agreement with our third party platform providers, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  • SECURITY

Union Street Wine does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

  • REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.


 

  • Liability And Other Legal Terms
  • LIABILITY
    • (Liability) To the maximum extent permitted by applicable law, Union Street Wine limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Union Street Wine to the amount paid by you to Union Street Wine under the most recent Order.
    • Claims for loss of or damage to Products in transit must be made against the carrier.
    • Products sold by Union Street Wine, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
    • All other express or implied representations and warranties in relation to Products and the associated services performed by Union Street Wine are, to the maximum extent permitted by applicable law, excluded.
    • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    • (Indemnity) You indemnify Union Street Wine and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
      • breach of any third party intellectual property rights;
      • breach of any of these terms;
      • use of the Website;
      • negligent, wilful, fraudulent or criminal act or omission; or
      • use of any goods or services provided by Union Street Wine.
    • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Union Street Wine be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Union Street Wine (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  • GENERAL
    • GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

  • WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

  • SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

  • JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

  • ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

  • COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

  • ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

  • INTERPRETATION
    • (singular and plural) words in the singular includes the plural (and vice versa);
    • (currency) a reference to $, or “dollar”, is to Australian currency;
    • (gender) words indicating a gender includes the corresponding words of any other gender;
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word “includes” and similar words in any form is not a word of limitation; and
    • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
  • NOTICES 
    • Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 
    • If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 
    • The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.