Welcome to the Wine Kartel Website. When you access and use our website, join as a Wine Kartel member or purchase products from our website you agree to be bound by, and comply with, these terms and conditions (Website Terms). The Website Terms include our Privacy Policy.

These Website Terms form an agreement between you and Wine Kartel Pty Ltd (ACN 641 086 277) (ABN – 51 641 086 277 )(Wine Kartel) and sometimes referred to below as “we”, “us” or “our” as the context requires. Please review them carefully to ensure you understand and agree with them. If you do not agree, that’s fine, please simply cease use of the website. Ordering products from the Wine Kartel Website

Responsible service of alcohol
We encourage the legal and responsible of alcohol. In Australia, alcoholic beverages can only be sold or supplied to those aged 18 years or over. By joining Wine Kartel and/or purchasing products from Wine Kartel you confirm to us that you are at least 18 years of age.
When you place an order with Wine Kartel via the Wine Kartel Website you confirm that all of the details that you have provided in your order, including details provided to join as a Wine Kartel member, are true and correct including that you are 18 years of age or over.
Customer account
You have the option to create an account through the Wine Kartel Website. By creating an account, you may have access to additional features on the website including the ability to save your address details and view your product order history.
If you choose to create an account, you acknowledge and agree that:
all information provided by you is complete, true and correct;
you must keep your account information current and up to date;
you must keep your account information, including your username and password, secure at all times and you must notify Wine Kartel immediately if you become aware of any actual or potential unauthorised access to your account; and
you must not create an account on behalf of someone else.
Terms of Sale
These Terms of Sale apply to the ordering, purchase, fulfilment and delivery of wine, other products and gift cards available from the Wine Kartel Website (Products) and form part of the Website Terms. These Terms of Sale constitute a legally binding contract between you and Wine Kartel. By joining Wine Kartel and/or placing an order with us, you agree to be bound by these Terms of Sale.
Orders

All orders placed by you are an offer to purchase the Products for the price plus any delivery charge as shown at the time when submitting your order. All orders are subject to availability and acceptance by Wine Kartel. Each order that you place will, if accepted by us, be a separate and binding agreement between you and Wine Kartel with respect to the supply of the relevant Products, in accordance with these Terms of Sale.
Wine Kartel may accept or reject your order for any reason in its absolute discretion. If your order is rejected and you have paid for the order, you will receive a refund of any money paid to us in respect of the rejected order.
You agree that any Products purchased by you are for personal use only and are not for resale or commercial u
Price

All prices listed on the site are in Australian Dollars and are inclusive of any Australian Goods and Services Tax (as applicable).
If, for any reason, incorrect pricing is displayed on the website, Wine Kartel reserves the right to amend such pricing errors and may exercise its right to cancel an order at any point prior to delivery.
In addition to the price for the Products, you will also need to pay the delivery charge listed (if any). Any delivery charge will appear in your shopping cart. If you live in a remote area where we incur additional delivery charges, we reserve the right to charge you an additional delivery charge which may not be displayed in your shopping cart at the time of placing your order. If additional delivery charges are required, we will contact you before accepting your order and provide you with a quote for these additional delivery charges. You may choose to accept these additional delivery charges or ask us to cancel your order, in which case we will provide you with a full refund of any money paid to us for your order.
Payment

Payment in full for all Products is required at the time of placing an order with us.
By submitting an order, you represent and warrant to us that you are authorised to use the method of payment you provide to us. You authorise us to charge to that payment method the total amount of your order (including any applicable taxes and delivery charges). If the payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Wine Kartel is under no obligation to ship any Products ordered until payment in full for those Products has been received.
Personal Information

Wine Kartel collects your personal information when you join Wine Kartel and/or when you place an order with us. Please see our privacy policy for details of how we collect, use and disclose your personal information, and how you can contact us to access your personal information.
Availability of Products

Wine Kartel does not guarantee the availability of Products on its website. If, for any reason, a Product in your order is out of stock or cannot be delivered, we will amend your order and refund you for any money charged for the price of the undelivered Product.
Cancellations and order amendments

Once placed, orders are unable to be cancelled or amended without Wine Kartel’s consent. If you need to cancel or amend an order shortly after the order has been placed and prior to the Products being dispatched, you may contact Wine Kartel to request the amendment or cancellation and we will do our best to accommodate your request.
Delivery requirements

You acknowledge and agree that it is against the law to sell or supply alcohol to, or obtain alcohol on behalf of, a person aged under 18 years. You agree that we may rely on any person who is at the address you gave for delivery, and who accepts delivery of your order, as being authorised for that purpose.
We may refuse to deliver your ordered Products if, for example:
our requests for verification of age and/or identity are not met;
the intended recipient appears to be acting for or on behalf of a person who we consider to be unsuitable (including because they may be under 18 years); or
the intended recipient appears to be under the influence of alcohol or drugs.
Delivery times

We do not guarantee the dispatch or delivery of Products within the timeframes provided. Delivery times are our best estimate however stock availability and events outside of our control may cause delays, or in some circumstances prevent your Products from being delivered. If we are unable to deliver your Products within a reasonable time, you may ask us to cancel your order or we may automatically cancel your order, in which case we will provide you with a full refund of any money paid to us for undelivered Products.
On delivery you may be required to sign a proof of delivery document. If you authorise us to deliver the Products without being required to sign for proof of delivery, we will not be liable for any lost, stolen or damaged Products once these Products have been delivered.
If the Products cannot be delivered due to an error or fault on your part (such as an incorrect delivery address provided by you or an inability to unload the Products in a suitable or safe location) and re-delivery of the Products is required, you will be responsible for covering the costs of any re-delivery.
Risk

You acknowledge and agree that risk of loss or damage to the Products you have ordered passes to you on delivery of them even if the delivery is to your designated address that happens to be unattended.
Returns

If you wish to return any Products for change of mind, you must contact us directly at team@winekartel.com.au. We offer free returns to customers, within one year of your purchase, based on the opening of one bottle out of a six or twelve bottle case. In this situation we will organise pickup and offer you a credit or refund.
Northern Territory

If you are a Northern Territory resident or ordering this for delivery to the Northern Territory the listing of a product on our site does not constitute an offer to sell that product to you. We presently do not sell to customers in the Northern Territory.
The Wine Kartel Website

Information provided on our website
Except as provided by law, our website is provided “as is” and without any warranty or condition, express or implied. The information and content provided on our website are of a general nature. While we take all reasonable steps to ensure the accuracy and completeness of the information and content on our website, to the maximum extent permitted by law (including, without limitation, the Australian Consumer Law (ACL)) we make no warranties or representations about our website and its content including (without limitation) warranties or representations that the website or its content will be complete, accurate or up to date.
We may alter, suspend or discontinue our website at any time and without notice to you. We do not warrant or represent that our website and the content on our website are secure, free from viruses or other defects, or that access will be uninterrupted or error-free. We provide access to our website and its content on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your access to or use of our website and its content.
Your use of our website
You must only use our website in accordance with these Website Terms. You must not use our website for any illegal, prohibited or inappropriate purpose or attempt to do anything that interferes with or disrupts our website. For example, and without limitation, you must not:
defame, abuse, intimidate, harass, threaten or offends us, our employees, officers, agents or other individuals and users of the website;
breach any laws or regulations or infringe anyone’s intellectual property rights or privacy rights;
upload harmful files that may cause damage to our property or the property of others; or
hack, spam, disable, corrupt or otherwise affect the functionality or performance of the website or its content.
Without notice to you, and at our sole discretion, we may immediately remove any information or content that you post on our website which we believe breaches these Website Terms, or for any other reason.
Third party websites
We may display content or links to websites operated by third parties on our website. Such content or links are not operated by us and are provided for your convenience only. We are not responsible for the content of third party websites and make no representations about the accuracy of third party sites.
Promotions, competitions and discounts
From time-to-time, Wine Kartel may run promotions or competitions or offer discounts through the website. In such circumstances, additional terms and conditions may apply to those promotions, competitions or discounts. Your participation in any promotion or competition or your right to an offered discount is subject to these Website Terms and any specific terms and conditions that may be expressed to apply.
Intellectual Property
All content made available on our website and all rights, title and interest in such content, including the Wine Kartel brand, our graphics, text, video and the overall look and feel of our website (our content), is owned by or licensed to us and is subject to copyright or other intellectual property rights. Subject to these Website Terms, we grant you a limited, non-exclusive, revocable and non-transferable licence to view, download and print our content via the website.
You may only use, access and print our content from our website for non-commercial or personal use provided you keep intact all copyright and propriety notices. You are otherwise prohibited from any other use, copying or reproduction of our website and our content. Except as expressly stated above, you are not granted any right, title or interest to our website or our content.
Disclaimer

Liability disclaimer
To the maximum extent permitted by law (including, without limitation, the ACL) in no event will Wine Kartel, our officers, directors, employees or agents be responsible or liable for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your use of our website and/or the information or content contained on it. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant service, the cost of resupplying the service or the cost of repairing the services. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.
Liability for sale and purchase of Products

To the maximum extent permitted by law (including, without limitation, the ACL) and except as otherwise provided for in these Terms of Sale, in no event will Wine Kartel, our officers, directors, employees or agents be liable to you, or any other person, for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your purchase, use or otherwise of the Products. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute.
If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant Product, the cost of resupplying the Product or the cost of repairing the Product. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense. Our liability to you for any loss, damage, costs or expense of any kind arising out of these Terms of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss, damage, costs or expense.
If your Product is not of acceptable quality, does not match its description or is not fit for purpose, you may be eligible for a refund, exchange or repair and in some cases compensation for loss or damage.
Products returned under consumer guarantees can be returned within a reasonable timeframe subject to also providing us with proof of your purchase. When returning or exchanging a faulty, damaged or incorrectly described Products, Wine Kartel may arrange return postage on your behalf or refund reasonable postage costs upon presentation of a postage receipt, subject to our confirmation that the Product is faulty, damaged or incorrectly described. If, upon inspection, the Product is found not be faulty, damaged or incorrectly described we may require you to pay for the cost of the return postage.
To arrange a return for a faulty, damaged or incorrectly described Product please contact us directly at team@winekartel.com.au.
Refunds

If we are obliged to refund your payment pursuant to these Terms of Sale, we will aim to process the refund within 7 business days. The time it takes for you to actually receive the refund will depend on your financial institution.
Miscellaneous

Governing law
Your use of our website, these Website Terms, and Terms of Sale are governed by the laws of the State of Victoria. You submit to the non-exclusive jurisdiction of the Courts in the State of Victoria.
Severance of unenforceable terms
If any provision of these Website Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Website Terms and will not affect the validity or enforceability of the remaining provisions of these Website Terms.
Waiver
If you breach these Website Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Website Terms.
Updates to these Website Terms
These Website Terms and Terms of Sale are effective from 1 September, 2020. We reserve the right to update these Website Terms and Terms of Sale at any time without notice. You should ensure you are aware of our current Website Terms and Terms of Sale by checking our website regularly.