Terms & Conditions

TERMS & CONDITIONS

This website www.handpickedwines.com.au (Site) is owned and operated by Handpicked Experience (Sydney) Pty Ltd ABN 66 608 696 966 and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) (Handpicked Wines, us, we or our).  Handpicked Wines specialises in crafting and selling wines, complemented by a selection of cheeses, as well as providing immersive wine tasting experiences.

These terms and conditions, including any other terms incorporated by reference (Terms), are a binding agreement between us and any person accessing the Site and/or ordering Products or any services from the Site (person, you or your).  By accessing the Site, creating an Account or ordering Products from the Site you agree to comply with these Terms.

If you do not agree to these Terms, do not access or otherwise use the Site, order any Products or use any information or materials contained on the Site.

Any personal information collected when accessing the Site, and/or ordering Products from the Site, is handled in accordance with our Privacy Policy (https://handpickedwines.com.au/pages/privacypolicy).

  1. ACCOUNT REGISTRATION

To order Products from the Site, you can browse the Site and either create a Handpicked Wines account (Account) or order Products as a guest.  Accounts can be set up directly on the Site or you can visit us in person at either of our Cellar Doors (located at 50 Kensington Street, Chippendale NSW 2008 and 80 Collins Street, Melbourne VIC 3000) (Cellar Doors).  If you create an Account, you automatically become a member of our Handpicked Rewards Program (Rewards Program).  There is no fee to create an Account.  Each person is permitted to have only one (1) Account.  You must not maliciously create additional Accounts.  Account holders must be eighteen (18) years or older at the time of creating the Account and hold an Australian residential address.  By creating an Account, you warrant that you are eighteen (18) years or older.

We will request certain personal information from you to create an Account, including but not limited to, your name, email address, residential address and date of birth which are required in order for us to open an account for you (Account Requirements).  Whilst you have the right not to provide your personal information, we may be unable to create an Account for you if you do not agree to satisfy all of our Account Requirements for an Account, including provision of the personal information requested.  You must provide accurate, up-to-date and complete information during the registration process and you must update such information at all times to keep it accurate, up-to-date and complete. 

When you create an Account, you will be asked to create a password.  You are responsible for all activity on your Account and you must keep your password confidential and secure from any unauthorised use.  You will immediately notify us of any unauthorised use on your Account that you become aware of, and you must take immediate and reasonable steps to re-secure your Account in the event of any unauthorised or suspected unauthorised use.  We may refer any fraudulent, abusive, or illegal activity to the relevant authorities and/or (to the maximum extent permitted by law) suspend your Account if we reasonably suspect that your use of the Site or access or use of the Site through your Account is contrary to these Terms, or any law.

  1. PRIVACY

Our collection, use and disclosure of your personal information (as defined under the Privacy Act 1988 (Cth), as amended or updated from time to time), including personal information collected during your use of the Site will be handled in accordance with our Privacy Policy (https://handpickedwines.com.au/pages/privacypolicy).  Please be aware that if you access third party sites through the Site, such as our payment processors, you will be subject to their privacy policies with respect to any of your personal information that you may provide to them.  

If you order Products on behalf of another individual, you agree to obtain the consent of that person to the provision of their personal information to us.

  1. OUR PRODUCTS & SERVICES

The Site offers a range of products for you to purchase, including, but not limited to, wines, wine and food packages, wine subscriptions, wine tasting experiences at a Cellar Door, gift packs and gift vouchers (Products).  Handpicked Wines is authorised to market, advertise and sell all Products under its applicable liquor licence(s).  You acknowledge that Handpicked Wines will NEVER sell or supply alcohol to, and that it is unlawful for you to obtain alcohol on behalf of, a person under the age of eighteen (18) years. 

By purchasing Products from the Site, you warrant that:

  1. you are eighteen (18) years or older;
  2. any person that you are obtaining the Products for, or supplying the Products to, is over the age of eighteen (18) years; and
  3. you are purchasing the Products for personal, domestic or household use and are not purchasing any Products for any commercial or trade purposes or for resale to any third parties.

We reserve the right to refuse any transaction on the Site where we reasonably suspect that it is fraudulent or contrary to law.  To the maximum extent permitted by law, you agree to indemnify us, our employees, and agents from any liability, howsoever arising, which we incur as a result of your breach of this warranty.

  1. ORDERS AND PAYMENT

To place an order for Products through the Site, you must be over eighteen (18) years of age, have an email account and have either a valid debit or credit card issued by an authorised card-issuing bank or an account with our payment processor.

By placing an order for any Products through the Site, you are offering to purchase the Product in accordance with our Terms.  Any orders placed are subject to availability and confirmation of the price of the Products.

You must ensure that the information, including contact information, provided on your order is accurate.  If we are unable to contact you about your order for Products, we may need to cancel your order and refund any money that you have paid.

You must follow the instructions on the Site when making an order.  We will send you an email confirmation when we receive your order, usually within 30 minutes of your order.  This email only acknowledges your order and does not constitute acceptance of your order.  If you do not receive an email confirmation from us within a reasonable time, please contact us (https://handpickedwines.com.au/pages/contact).

Unless we have previously notified you that we do not accept your order for any Products, for any reason, or if you have already cancelled your order in accordance with these Terms, our acceptance of your offer to purchase the Products and the formation of a contract between us occurs when:

  1. we approve your payment; and
  2. we, or our nominated payment processor, debits your account and the funds have cleared.

Products will not be prepared for packaging or shipping until such time as payment in full for the Products has been received by us and funds are cleared.

If any Product ordered by you is not in stock at the time of delivery, we will liaise with you and either:

  1. deliver the remaining Products to you in the usual course, and deliver the unavailable Product when it comes back into stock;
  2. supply an agreed substitute Product; or
  3. refund you the cost of the unavailable Product.

In some situations, we may be required to withdraw or suspend any Products from sale through the Site at any time, for any reason, either on a temporary or permanent basis.  We will notify you as soon as possible if this occurs and any Product you have ordered is no longer available, and we will make every effort to liaise with you to supply an agreed substitute Product or refund you the cost of the withdrawn, suspended or unavailable Product.  To the maximum extent permitted by law, once we provide you with an agreed substitute Product or a refund for the cost of the unavailable Product, we are otherwise not liable to you or any other person for any  loss suffered as a result of the withdrawal or suspension from sale of any Products from the Site at any time.

  1. PRICING

All prices on the Site are in Australian dollars and are inclusive of GST (Goods and Services Tax).  Please see the Shipping Information section of the Site (https://handpickedwines.com.au/pages/faq) for more information on delivery costs.  We reserve the right to vary prices on the Site without notice, though we will always endeavour to notify you of material price increases.

We endeavour to ensure that all prices displayed are correct, but occasionally an error may occur.  If we discover a pricing error, we will notify you as soon as possible and you may elect not to purchase any Products where the price has been corrected.

Our online prices may vary from our Cellar Door or retail prices.  Promotional offers and prices are as stated, with no further discounts available.  The final fee payable for your order and delivery (including any applicable handling fee) is shown at the checkout (Final Fee) and any fees displayed prior to checkout are estimates only.  You agree to pay the Final Fee at the time of checkout using one (1) of the payment methods provided on the Site.  Your payment must be cleared before we dispatch the Products to you.  If, for any reason, your card issuer declines your payment, we cannot hold your order and you must submit a new order.

If you place consecutive orders with us, each as separate orders, we cannot consolidate the orders and separate delivery charges will be applied to each order.

As Products purchased are for personal use and not for resale, if we have any concerns regarding the number of Products that you are purchasing from us, we may contact you regarding this at the time of, or soon after, you place your order for the Products.

  1. DELIVERY, TITLE AND RISK

You agree to nominate a delivery option from the options set out on the Site and location for delivery when placing an order with us.  Delivery of all Products is currently only available within Australia (and may be subject to any restrictions on delivery, due to circumstances both within and outside of our control).  

Our Site contains information on our delivery locations. We will review your location and confirm with you whether or not we can deliver your order to your precise location at the time we receive your order.  We may not be able to deliver your order to your precise location for various reasons, including where we may be restricted in doing so as a result of local laws.  See further Section 7 (Delivery Restrictions – As Required By Law) of these Terms.  If we are unable to deliver your order, and it is not a restricted delivery in Western Australia or the Northern Territory, we may deliver it to the nearest Australia Post office or your order may be returned to the depot for redelivery/reroute.  For all deliveries, we will email you a tracking number at the time of shipment to allow you to track your delivery directly.

While we will use reasonable efforts to deliver the Products to you within the estimated delivery time set out on the Site and in accordance with any tracking provided, we cannot guarantee that the Products will be delivered within this timeframe.  We do not control deliveries or delivery times once the Products have been dispatched from our warehouse.  We use various third-party couriers, including Australia Post.  If your delivery has not arrived by the estimated delivery time, please contact us (https://handpickedwines.com.au/pages/contact) so that we may assist you to locate your order and to discuss next steps. 

To the extent permitted by law, we will not be liable to you for any delay in delivering your Products for circumstances that are beyond our reasonable control e.g. postal or delivery strikes.  We are also not responsible for delays by third-party couriers unless this arises as a result of our default.  You should be aware that processing orders may take longer during certain times of year (e.g. Christmas).  We do not process any orders for Products until we have received payment in full for the Products.

You agree to arrange for the Products to be accepted on delivery by a person eighteen (18) years or older.  If delivery is delayed due to your unavailability or refusal to accept the Products (or if you do not accept delivery of the Products within two (2) weeks of our first delivery attempt), we may, by written notice to you:

  1. charge you for storage fees up until the date of successful delivery; or
  2. cancel your order (in which case we will refund you the fees paid for the Product, excluding delivery and handling fees which are non-refundable).

We confirm that risk and title to the Products passes to you once the cleared payment of the Final Fee has been received by us and the Products have left our premises and been accepted by you or an authorised person on your behalf at your nominated address.

  1. DELIVERY RESTRICTIONS – AS REQUIRED BY LAW

There are certain restrictions with respect to the delivery of alcohol products in States and Territories of Australia.  The following restrictions on delivery apply in each State/Territory in accordance with the local laws of each State/Territory.  If you or recipients do not comply with the requirements, delivery may not be completed.  We reserve the right to request evidence of identity and age of any recipient(s) of alcohol Products, and to refuse to supply where such evidence is not forthcoming, in order for us to comply with our legal obligations regarding the sale of alcohol.

New South Wales

If the delivery is to an address in New South Wales, the Products may only be delivered to:

  1. you (where you are over eighteen (18) years old); or
  2. another adult person (over the age of eighteen (18) years old) nominated by you.

The person taking delivery of the Products in accordance with (a) or (b) above (Recipient) will be required to:

  1. be unintoxicated at the time of taking the delivery;
  2. sign a declaration with their name stating that they are over eighteen (18) years old; and
  3. if the person making the delivery considers (at their reasonable discretion) that the recipient may be a minor, produce evidence as to their identity and age.

This evidence will be recorded by the person making the delivery and retained for at least one (1) year following the delivery.  It is an offence for a minor to make a false statement or produce false evidence in respect to this requirement.

South Australia

If the delivery is to an address in South Australia, the Products may only be delivered to:

  1. you (where you are over eighteen (18) years old); or
  2. another adult person (where they are over eighteen (18) years old) nominated by you.

The person taking delivery of the Products in accordance with the above (Recipient) will be required to:

  1. sign a declaration with their name stating that they are over eighteen (18) years old; and
  2. if the person making the delivery considers (at their reasonable discretion) that the recipient may be a minor, produce evidence as to their identity and age.

This declaration, together with this evidence and the address where the order was delivered to, will be recorded by the person making the delivery and retained for at least one (1) year following the delivery.  It is an offence for a minor to make a false statement or produce false evidence in respect of this requirement.

Tasmania

If the delivery is to an address in Tasmania, the Products may only be delivered to:

  1. you (where you are over eighteen (18) years old); or
  2. to another adult person (where they are over eighteen (18) years old) at those premises who undertakes to accept it on your behalf.

The person taking delivery of the Products in accordance with (a) or (b) above may be required to produce evidence as to their identity and age.

Western Australia and Northern Territory

Due to local legislation, there are certain areas of Western Australia and Northern Territory to which we are not permitted to deliver alcohol products.  If you or the recipient are located in such an area, we will not be allowed to deliver the Products to you at all.  We will notify you after receiving your order if that is the case. 

  1. FREE SHIPPING

If we offer free shipping on orders of Products, it will apply in accordance with the terms set out in the Shipping Information section of the Site (https://handpickedwines.com.au/pages/faq), or in accordance with any other promotional offer’s terms and conditions stated as applicable from time to time.  Free shipping will only ever apply to standard delivery in Australia and not to express shipping.

Cash alternatives are not permitted when we offer free shipping. If you are eligible for free shipping, you are responsible for selecting the correct method of delivery to receive free shipping.

  1. CONSUMER LAW

The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties and remedies relating to our Products which cannot be excluded, restricted, qualified or modified by us (Non-Excludable Rights).  Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.  To the extent permitted by law, our liability to you for a breach of these Terms or the ACL will be limited to:  

  1. For a failure that does not amount to a major failure under the ACL – replacing the Product with an identical Product; or
  2. For a major failure under the ACL – replacing the Product with an identical Product or offering you a refund.

Replacement Products will be shipped to the same delivery address provided, unless directed otherwise.

We use best endeavours to guarantee the quality of our Products on delivery.  If you are not satisfied with the quality of our Products on delivery, please contact us to discuss your options.  Where applicable, we will comply with our obligations under the ACL.

To the extent permitted by law, we exclude all warranties and conditions in relation to our Products implied by law including those contained in the Sale of Goods Act 1923 (NSW) and the equivalent Sale of Goods legislation in the other States and Territories of Australia.

  1. REFUNDS

Unless otherwise stated in these Terms, if for any reason you are not satisfied with our Products, we will gladly offer you a refund provided that you notify us within seven (7) days from delivery and the Product is in its original condition.  Where you are not satisfied with a Product, we will liaise with you to arrange to pick up the Product(s) from you at a time and place agreed between the parties.  We do not refund delivery and handling fees, except where we deliver the wrong Product to you, the Product is faulty or where we are required under law.

  1. RECALLS

In the unlikely event that any Product is subject to a product recall, we will post a notice on our Site at [insert link] and will contact you (or the recipient of the Product) by the most appropriate means provided by you, including by (where provided) email, SMS, telephone, instant messaging or post.  We will provide you with instructions regarding next steps with respect to returning the Products, in accordance with our recall notice.

  1. PROMOTIONS

From time to time, we may run promotions for our Products in addition to the Rewards Program.  These Terms will apply to any such promotions in addition to any specific terms and conditions with respect to the promotion, and in the event of any inconsistencies, the specific terms and conditions with respect to the conduct of the promotion will prevail.  Unless otherwise stated, our promotions may not be available in all areas and are while stocks last.  Our Site will contain further details on our promotions, including the specific terms and conditions relating to these promotions.

  1. LICENCE

We own or have obtained licenses to all rights, title to and interest in the Site including all content, text, images, trade marks and logos displayed on the Site (Handpicked IP).  We grant you a limited, personal, revocable, non-exclusive, non-transferrable and non-sublicensable licence to use the Handpicked IP for the sole purpose of accessing the Site in accordance with these Terms.  You acknowledge that other than the express licence granted to you in this clause, you obtain no other rights, implied or otherwise, in respect of the Handpicked IP.

  1. THE SITE

While we will take all reasonable steps to ensure that the Site, including its functionality, performance and features, is available, we do not warrant or guarantee:

  1. the accuracy of completeness of the Site;
  2. that access to the Site will be continuous, uninterrupted or error free;
  3. that any defects on the Site will be immediately corrected;
  4. that access to the Site will be secure; or
  5. that the Site will be free from viruses or other harmful applications, bugs or interference.

You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements when accessing our Site.  We will not be liable if the Site is unavailable at any time, and for any period, for circumstances beyond our reasonable control.

  1. PROHIBITED USE

You must not misuse the Site. In using the Site and availing of any Product and services available through the Site, you agree and acknowledge that you will not and will not attempt to, nor permit any person to (without limitation):

  1. derive or attempt to derive the source code or structure of all or any portion of the Site by reverse engineering, disassembly, decompilation, or any other means;
  2. interfere or tamper with any security-related or other features on the Site;
  3. reproduce, republish, adapt, alter, transmit, translate, distribute, "frame", "mirror" or otherwise incorporate any part of the Site and any content on the Site, into any other website without our prior written consent;
  4. remove, tamper with any of the Handpicked IP or any copyright, trade mark or other proprietary notice of ours or any other entity on the Site;
  5. do anything that imposes an unreasonable or disproportionately large load on the Site or any network or website connected to the Site;
  6. post to the Site or transmit or distribute any code, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;
  7. send any unsolicited advertising or promotional material through the Site; or
  8. commit or encourage a criminal offence.
  1. LINKED WEBSITES

Our Site contains links to other websites including third party websites.  These websites are linked for your information only and do not represent or constitute an endorsement by us.  While we may routinely check these links for authenticity, we are not responsible for any content on these websites and we cannot guarantee the availability of any linked website.

  1. EXCLUSION OF LIABILITY

To the extent permitted by law, we exclude liability arising from or in connection with:

  1. any adverse effect caused by the consumption of our Products due to an allergic reaction.  You are responsible for reviewing the Product label for allergen information and determining if the Product is suitable for your consumption; and
  2. direct or indirect damages and consequential losses suffered as a result of fraudulent credit or other payment card use.

While we use our best efforts to ensure that the content on the Site is complete, accurate and up-to-date, to the extent permitted by law, we make no representations or warranties regarding it and we are not liable for any content which is inaccurate or out-of-date. 

  1. MODIFICATIONS

We may amend these Terms or any policies relating to our Site, including our Privacy Policy, from time to time. If we need to make any material changes in this regard, we will provide one (1) month’s written notice to you and publish the updated version on the Site.

Any such amendments will be effective on being published on the Site or as otherwise notified to you.  You are responsible for reviewing these Terms regularly as they may be different when you make future orders for Products.  Your continued use of the Site and our services constitute your consent to such amendments.

We will not change any Terms for an existing order that has been accepted by us.  The Terms that will apply to the order are the Terms that applied at the time you placed your order.

  1. COMPLAINTS

We operate a complaint handling procedure to try to resolve any disputes with our customers.  If you have any complaints, please contact our customer service team at cellardoor@handpickedwines.com.au.

  1. ACCOUNT DETAILS

You are responsible for the safekeeping of your username and password for your Account.  To the extent you are at fault, you will be liable for any account misuse by any unauthorised person.

  1. SEVERABILITY

If any provision or part of these Terms is for any reason, declared invalid or unenforceable, the validity of the remaining portion of the Terms remains in full effect.

  1. GOVERNING LAWS

These Terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the High Court of Australia

Last update: [19 April] 2024

HANDPICKED WINES REWARDS PROGRAM – GENERAL TERMS

You may apply to be a member of the Handpicked Rewards Program (Rewards Program) if you are aged eighteen (18) years or over and have a current Australian residential address.  To become a member, you must register online at our Site (https://handpickedwines.com.au/pages/rewards-page-357300) or sign up at our Cellar Door.  We reserve the right to refuse your application for membership of the Rewards Program for any reason.

Our Rewards Program applies to purchases of Products made on the Site.  All points you acquire for purchases made through the Site will be visible when you log into your Account.

Your obligations

You must inform us if your personal details change (including your residential address and phone number). If we do not have your correct details, we may not be able to contact you about your Rewards Program or send you rewards or offers. You will be required to set up a new Account if you wish to change the email address linked to your existing Account.

Rewards Program - Membership tiers and earning points

As a Rewards Program member, you will receive one (1) point for each $1.00 worth of purchases you make (Reward), which will be added to your Account once the transaction is processed and payment has cleared.  

Points may take between twenty-four (24) hours to up to seven (7) days to appear in your Account.  If you are eligible for bonus points in connection with any promotion that we run, these points will appear in your Account within two (2) weeks from the date of your purchase.  100 points is the equivalent of $10 and may be spent with Handpicked Wines online or in one of our Cellar Doors.  Points accumulated and not used will expire after 24 months. Rewards can only be transacted in Australian dollars via our Site and are not redeemable for cash.

We may at our sole discretion apply additional Rewards to your Account as an incentive or in connection with our promotional activities. 

From time to time, we may make changes to the Rewards Program, including to tier levels, how to qualify for tiers, Rewards earned and the expiry period for points.  If we need to make any material changes in this regard, we will provide one (1) month’s written notice to you and publish the updated version of these Rewards Program General Terms on the Site.

You acknowledge and agree that we may cancel any points or Rewards earned in connection with a Product that has been returned to us and refunded, or in respect of any cancelled order for Products.  We may correct erroneous or invalid points or adjust for reversed transactions at any time, even if it would put your Account into a negative Regards Program membership points balance.

We reserve the right to terminate your Rewards Program membership if you engage in conduct that is contrary to law, or provide any misleading information, engage in misleading conduct or otherwise make any misrepresentations to us, including in breach these Terms. If your Rewards Program membership is terminated, your points will be deleted and you will cease to be entitled to earn or redeem Rewards Program points.

Any tax, liability or duty incurred by a member arising from membership of the Rewards Program is the member's responsibility.

If Rewards cannot be redeemed for any reason beyond our control (such as software, hardware or communications issues, unauthorised intervention, tampering, fraud, technical failure, a pandemic, government directives, health orders and the like) we will make reasonable efforts to resolve the issue but, where permitted by law, are not liable to make reimbursements to you.

You may check your points balance at any time by logging into your Account or by sending us an email to cellardoor@handpickedwines.com.au.

Last update: [19 April] 2024

HANDPICKED WINE CLUB

You may subscribe to receive our wines on a monthly or quarterly basis via our Handpicked Wine Club (Wine Club) by signing up to a subscription on the Site.  We offer a range of subscription options as part of our Wine Club, as set out on our Site.  When you sign up to the Wine Club, you automatically also become a member of the Rewards Program.  Your subscription fees are set out on the Site and are payable either in advance, monthly or quarterly, depending on the details of your subscription.  

Each monthly or quarterly delivery is known as a "Wine Club Pack".  You will be billed for your first Wine Club Pack when you join the Handpicked Wine Club.  Following this, you will be automatically billed for the next subscription package on the 1st of the month you are receiving your Wine Club Pack.  You will receive a courtesy email 7 days prior to the billing date to remind you.

Your first Wine Club Pack is dispatched within 5 business days of joining the Wine Club.  Following this, your next Wine Club Pack will ship on the 15th day of the next month or quarter, depending on your subscription.

The cut-off for subscriptions is midnight on the 9th of each send out month. If you need the Wine Club Pack to be sent out by a certain date, please add a note in the comment section when checking out.

Pause / Cancel Subscription

You may cancel or pause your subscription at any time by emailing us at cellardoor@handpickedwines.com.au.  You must cancel or suspend your subscription by the 1st of the month. If your subscription continues into the next subscription period, it will be cancelled or suspended on the first day of the following subscription period.  To the extent permitted by law, we do not offer refunds for subscription fees already paid to us prior to the date of your cancellation.  Gift subscriptions cannot be cancelled or partly refunded as they are paid for in advance.

Last update: 11 June 2024