Terms of Service
This website is operated by Wine Counsel. Throughout the site, the terms “we”, “us” and “our” refer to Wine Counsel. Wine Counsel offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Material on the Wine Counsel website
Wine Counsel may publish or make available on the Wine Counsel website information, advertisements, product and service offers, wine data, wine reviews (“Content”) supplied by Wine Counsel and third parties (Material). While Wine Counsel takes care to ensure that Content on the Wine Counsel website is correct, current and free from errors, Wine Counsel does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of:
- any content published on the Wine Counsel website;
- any content published on any web site that links from the Wine Counsel website; or
- any information received by you as a result of using the Wine Counsel website.
Wine Counsel does not provide any warranty in relation to any goods or services advertised for sale on the Wine Counsel website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended or owned by the seller.
Personal and Non Commercial Use Only
The Wine Counsel website is for your personal and non-commercial use only. Except for the Content held in your computer's cache or a single permanent copy of the Content for your personal use, you must not:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
- use or attempt to use any Content published on the Wine Counsel website to create any website or publication;
- mirror or frame any website or page within the Wine Counsel website;
Wine Counsel may terminate your right to access and use the Wine Counsel website at any time if you breach these terms and conditions. You may cease to use the Wine Counsel website at any time in your absolute discretion.
The Content made available on the Wine Counsel website are provided as general information only. Wine Counsel does not warrant that the Material are professional, expert or other advice or that they are a substitute for such advice. The Material:
- may not be appropriate, correct or sufficient for your circumstances;
- should not be relied on as the only reason you do or don't do anything; and
- may not be continually accessible or free from errors or viruses.
If Wine Counsel suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to pay Wine Counsel the amount of any such loss, damage and costs.
Intellectual Property Rights
The Wine Counsel website is owned and operated by Wine Counsel. You acknowledge and agree that all intellectual property rights comprised in or relating to the Wine Counsel website belong to Wine Counsel or its licensors, and that nothing in these terms and conditions constitutes a transfer of any intellectual property rights.
You may download and view Wine Counsel website content, which may include, without limitation, text, graphics, icons, photographs and URLs (Content) and/or print a copy of material on the Wine Counsel website for your own use only, provided you do not:
- modify the Content (including, without limitation, any copyright notice) in any way;
- make the Content public; or
- use the Content in a manner or for a purpose prohibited by these Terms.
Responsible Service of Alcohol
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 Wine Counsel and/or placing an order you are confirming to us that you are at least 18 years of age.
Wine Counsel also recommends that alcohol only be consumed in moderation.
Please read these terms and conditions (Buyer Terms) prior to completing a purchase on the websites owned or operated by Wine Counsel (ABN 61 157 758 971) and its related bodies corporate, including but not limited to the website located at www.winecounsel.com.au (Wine Counsel website).
These Buyer Terms govern your purchase of the goods and/or services that we offer at the Wine Counsel website (Services), including all wine purchases.
By making a purchase via the Wine Counsel website you agree to be bound by these terms and conditions as amended from time to time. If you do not agree to these Buyer Terms, you may not make a purchase via the Wine Counsel website.
Please note that additional terms and conditions governing your relationship with us are contained in other Wine Counsel website pages and unless those conditions are inconsistent with these Buyer Terms, they will be incorporated into and will form part of your agreement with Wine Counsel.
Wines not to be resold
Each Buyer acknowledges and confirms that all wine purchases are for private consumption and/or collection and are not purchased with the intention of resale.
Wines For Sale Purchases – Your Obligations
You must pay the purchase price (including any GST) in full for any wine purchased together with any other applicable fees or charges (for example, goods and services tax, insurance and delivery charges).
You authorise us to debit your credit card for the total amount payable to us as a result of any purchases by you.
Returns & Refund Policy / Quality Guarantee
Wine Counsel’s policy is that wine you are not happy with will be replaced or a refund issued.
If the wine we deliver to you is not the wine you ordered (an “incorrect wine”), or the wine is faulty, or you are not satisfied that the wine is as described on the website, then we will replace that wine with another of the same style and at least equivalent quality, or give you a full refund for the bottle/s that are incorrect or faulty or unsatisfactory. You should notify Wine Counsel of any refund or replacement request within 30 days of delivery.
If the wine you wish to return is not the wine you ordered, do not open the bottle/s. They will be collected by Wine Counsel. Any bottle/s of an incorrect wine will not be replaced if they have been opened. If the wine is faulty or you are not satisfied with it, please retain the opened bottle for collected by Wine Counsel so that we can assess the wine.
Replacements will be delivered at no charge in the shortest time possible, considering the possible need to order replacements from wineries or distributors. Refunds will be issued as a credit to the credit card number supplied for the original purchase, within 7 days of the refund being agreed.
No Other Refunds
Other than in the circumstances outlined above in Returns & Refund Policy / Quality Guarantee, no returns will be accepted and no refunds will be made in respect of purchases you make via the Wine Counsel website.
In order to purchase goods you must provide valid credit card details.
Wine Counsel uses the Shopify Payments Gateway for its online credit card transactions. Shopify processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on the Wine Counsel website using the Shopify gateway are secured payments, as follows:
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by Wine Counsel or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within Shopify’s bank-grade data centre, further protecting your credit card data.
- Shopify is an authorised third party processor for all the major Australian banks.
- Shopify at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Wine Counsel.
For more information about Shopify Payments and online credit card payments, please visit www.Shopify.com.au.
Wine Counsel is an Australian-based company, licensed to sell wine to Australian residents. As such we are only able to deliver wine to addresses located in Australia. Should you wish to have a purchase delivered to a location outside of Australia you will need to make arrangements with your own shipping agent. Wine Counsel will not be responsible in any way for delivery outside Australia arranged by you.
Changes to Items Listed
We may withdraw and/or re-offer any item listed for sale on the Wine Counsel website if the item:
- becomes unavailable;
- is withdrawn by the manufacturer or supplier; or
- was incorrectly described or listed.
Handling of Wine
Please note that a full case of wine weighs more than 16kg. Therefore, we recommend that our customers take extra care when lifting deliveries. If you are concerned at all about the weight, we suggest that you transfer the bottles one or two at a time.
This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
Changes to these Terms and Conditions
Wine Counsel may, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including these terms and such modifications will be binding upon you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.
Wine Counsel may cease to provide you with access to the Wine Counsel website or any of its services without notice.
All rights not expressly granted are reserved.
Contact Wine Counsel
If you have a question, problem or complaint or need to contact us:
Postal Address: PO Box 152, Sandringham 3191
Phone: 0418 507 216