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.  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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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. 

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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. 

18. 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.

19. 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.

20. 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.

21. 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.

22. 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

SUBSCRIPTION TERMS AND CONDITIONS (THE VAULT)

 

1. Please carefully read the following Terms and Conditions (“Terms”) relating to your access to Handpicked Wines’ ‘The Vault’ Wine Club subscription (“Subscription”) so that you (“you” or “your” as the context may require) are completely clear on the nature of our agreement. If you have any questions or queries, please reach out to us at your convenience. By signing up to a Subscription you agree to the terms and conditions set forth in these Terms. Our website, https://handpickedwines.com.au/pages/the-vault (the “Website”) is owned and operated by Handpicked Experience (Sydney) Pty Ltd (ABN 66 608 696 966) (“Handpicked Wines”, “we”, “our” or “us” as the context may require).

 

2. These Terms apply in conjunction with our Privacy Policy (which can be found at https://handpickedwines.com.au/pages/privacypolicy) and our Website Terms and Conditions (which can be found at https://handpickedwines.com.au/pages/termsofprivacy) which should be read together with these Terms. To the extent of any inconsistency between these Terms and our Privacy Policy or Website Terms, these Terms shall prevail to the extent of the inconsistency.

 

3. Handpicked Wines reserve the right, in its sole discretion to amend, modify or revise these Terms, the Privacy Policy, or any of our other policies to protect our legitimate business interests or as otherwise permitted by law at any time without notification or liability, with any amendment being effective immediately upon reposting, and you agree to be bound by such modifications or revisions. We will make best efforts to notify you of any changes but we recommend periodically revisiting the Terms to ensure you are kept up-to-date with any changes made. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

 

4. By joining The Vault  Wine Club Subscription (“Subscription”), you hereby represent and warrant that:


    1. You are 18 years of age or older;
    2. You have the legal capacity (i.e. both mentally and physically) to enter into a legally binding agreement;
    3. Any agreement is entered into freely and voluntarily;
    4. Any service or discount offered by you in connection with the Services is valid and compliant with all applicable laws, standards, codes, regulations, permits and conditions in all countries in which those services or discounts are offered; and
    5. You have read and accept these Membership Terms as well as our Website Terms and our Privacy Policy.

 

Membership Information

 

1. The Subscription grants you a non-exclusive, non-transferable, revocable right to access the benefits associated with your Subscription including first access to new release wines and access to the ‘Vault’ museum wines, with a range of offers, deals and discounts to foods and wines in our Urban Cellar Doors, invitation to exclusive winemaker-led events and free shipping on purchases of 12 bottles of wines or more.

 

2. Your Subscription is personal to you and may not be shared, transferred or assigned to another person unless expressly authorised by Handpicked Wines. You understand that we, in our sole discretion and without prior notice or liability, may discontinue, modify or alter any aspect of our Subscription, including, but not limited to: (i) restricting the offerings and benefits that are available in any Subscription; (ii) restricting the amount of use and/or access permitted; (iii) restricting or modifying the businesses we associate with (our “Partners”); and/or (iv) restricting or terminating your right to use your Subscription or any part of your Subscription. The temporary unavailability of all or any part of a benefit will not entitle you to a refund of any portion of payment made towards your Subscription, unless otherwise specified. You agree that any termination or cancellation of your access to or use of your Subscription may be effected without prior notice to you. We will always, at all times, act reasonably in enforcing these rights, however, we reserve all rights to do so to protect the legitimate business interests of us and other clients.

 

Benefits, features and pricing

 

1. There is no sign up fee involved to join The Vault Wine Club. To gain access to the Subscription, there is a minimum purchase commitment of two (2) cases of twelve (12) bottles of Handpicked wines to be delivered to your postal address twice a year (November and May) at 20% off and with complimentary shipping (“Club Payments”). Subscribers agrees to make the Club Payments for their wines via their nominated credit card which will be debited on the first Monday of May and November. If no written notice of cancellation or deferral is received, a Subscription will deem to be ceased after three consecutive Club Payments have been declined or failed to be processed.

 

2. When you purchase a Subscription, you understand the benefits you will receive are as per what is outlined on our Website. You understand that you must check our Website for the most up-to-date pricing and benefits. Stock availability, wine prices and offer terms & conditions are subject to change at any time and will be updated on the Website as they occur.

 

3. Upon joining The Vault Wine Club and receiving two (2) wine pack shipments, if you do not wish to continue your Subscription, you may cancel your Subscription via email (info@handpickedwines.com.au) or by calling us on (02) 9392 9190. Otherwise, your Subscription will automatically end at the completion of the second Club Payment is made and the second wine pack shipments have delivered to you.

 

To maintain your Subscription, you will have to make another commitment of two (2) cases of twelve (12) bottles of Handpicked wines every year.

 

1. All prices for our Handpicked wines bottles are inclusive of GST and are quoted in Australian dollars, except where otherwise stated.

 

2. Wine Club shipments are made in May and November each year. Deliveries are made via Australia Post and must be signed for by a person 18 years or older. Delivery is usually made within 14-21 business days after payment is processed. Unless specified beforehand, wine will not be left on premises if nobody is at home. A calling card will be left and wine will need to be collected from your local Post Office. Handpicked Wines and Australia Post take no responsibility for wine left unattended.

 

3. You acknowledge that Subscriptions are subject to our pricing and other terms (including relevant trade promotion terms and conditions). As a The Vault Wine Club subscriber, you are personally responsible for and agree to pay, using a valid credit card for the selected Handpicked wines as per what is outlined on our Website and all applicable fees (including fixed charges, applicable taxes and other charges and fees) associated with the Subscription.

 

4. We reserve the right to use the services of a third-party billing provider to charge for Club Payments. By providing us with your credit card details, you authorise us or a third-party billing provider to deduct from that credit card/approved payment method all fees and other charges you are responsible for under the Terms.  It is your responsibility to ensure that there are sufficient funds in the account connected to your approved payment method when the bi-annual Club Payments are to be debited.

 

5. Should your Club Payment fail, you will be notified by email, and we will attempt to charge your credit card again within 48 hours. Your Subscription will remain inactive until we receive the full Club Payment.

 

6. You must update any details regarding changes to your credit card, such as expiry date or number, and your postal address at least seven (7) days before the next dispatch date of your next case of Handpicked wines.

 

7. We reserve the right, in our sole and absolute discretion, to modify operation of any subscription features or any Services and to make any other changes in the Subscription Terms or the Services available for use by members. A Force Majeure may make it necessary for us to change our hours of use or restrict the use of the Services or to suspend the Services temporarily. The temporary unavailability of all or any part of the Services will not entitle you to a refund of any portion of your Club Payments, unless otherwise specified.  Use of the Services may be restricted or reserved from time to time as determined by us.  In these Membership Terms, “Force Majeure” means any act of God, war, sabotage, riot, insurrection, civil commotion, national emergency, pandemic, terrorism, industrial action, transportation delay, communications, power or network failure, the effect of any applicable laws, government or public health orders, or any other matters beyond our reasonable control.

 

Cancellation of Subscription

 

1. You may cancel your Subscription at any time, in accordance with clause 9 above. Subject to law, should you wish to cancel your Subscription, refunds are not permitted (unless otherwise stated).

 

2. To cancel your Subscription, you must email us at (info@handpickedwines.com.au) or by calling us on (02) 9392 9190 and request for your Subscription to be cancelled. If you cancel your Subscription before the second Club Payment has been processed, you will cease to obtain the benefits of the Subscription immediately and will not receive the second Wine Club shipment.

 

3. Except for your statutory rights, which are unaffected, you agree that all fees and charges assessed by us are non-refundable.

 

4. In addition, you understand and agree that the cancellation or termination of your Subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any of these Terms or the enforcement or application of these Terms; (ii) your ability to access your Subscription and/or use the Website; or (iii) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods, provided always that this is subject to any rights you may have under the Australian Consumer Law, as enshrined within Schedule 2 of the Competition and Consumer Act 2010 (Cth).

 

Complaints and Feedback

 

  1. If you have any complaints or other concerns about any matter relating to your Subscription or with regard to Handpicked Wines, our website or any offers available on The Vault Wine Club platform in general, you may make such a complaint by contacting us at info@handpickedwines.com.au. In exceptional circumstances that require a complaint to be addressed immediately, a verbal complaint may be made by contacting Handpicked Wines by phone on (02) 9392 9190.

 

Indemnification  

 

  1. You agree to indemnify, hold harmless and, at our option, defend Handpicked Wines and our affiliates, and our and their officers, directors, employees, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of your Subscription or your violation of these Terms.

 

Limitation of Liability

 

1. Handpicked Wines does not warrant that your Subscription will be uninterrupted or error free, that any defects will be corrected or that the content is free from viruses or other harmful components.

 

2. Nothing in these Terms, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). All warranties, representations and implied terms and any liability (except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees) which may arise in relation to your use of your selected Subscription, any content, benefits, information, products or services made available by your Subscription or access to the Website is expressly excluded to the maximum extent permitted by law.

 

3. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, to the maximum extent permitted by law, Handpicked Wines (including its affiliates, partners, suppliers, licensors and licensees) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under Handpicked Wines’ control); (b) any theft, unauthorised access or third party interference; (c) use of your Subscription; (d) access to or use of the Website; or (e) any message or information that is incorrect, inaccurate, late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of Handpicked Wines.

 

4. Where liability cannot be excluded, any liability incurred by Handpicked Wines is limited to the re-supply of the Subscription or the reasonable costs of having the Subscription re-supplied.

 

Intellectual Property

 

1. All intellectual property including copyright, trade marks, designs, patents and rights to registration thereof, on the Website and any related materials including the Website, applications, software, tools, trade marks, logos, names, concepts, methodologies, data and other materials (excluding the Content), is solely owned by Handpicked Wines. No right, title or interest in such intellectual property passes to any The Vault Wine Club subscriber.

 

2. By accessing your Subscription, you agree that you will not republish, reproduce, copy, sell, modify or otherwise exploit (in full or in part) any material within your Subscription without our express written consent.

 

Privacy

 

1. In order to provide you with a Subscription, we collect your personal information (“PI”) and may use, store and disclose your PI to third parties including but not limited to agents, contractors and service providers for the purpose of providing you with a Subscription and its related benefits, and for providing you access to our The Vault Wine Club platform. Obtaining a Subscription is conditional on providing this PI.  We will also use and handle PI as set out in our Privacy Policy, which can be viewed at https://handpickedwines.com.au/pages/privacypolicy).  The Privacy Policy also contains information about how you may opt out, access, update or correct your PI, how you may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.

 

General

 

1. Your Subscription may provide links or references to other sites originating from other companies, individuals or organisations but we have no responsibility for the content or operation of any such sites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such sites, including our Partners’ sites.

 

2. You accept that your Subscription and the benefits available are provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied, and all warranties are waived to the fullest extent permissible pursuant to applicable law.

 

3. We take no responsibility for any product or service purchase through another business, entity and/or site, including products or services that you accessed through our Website or your Subscription (including products or services from Partners). You are aware that other business and/or entities (including our Partners) do not have any authority, express or implied, to make any representation or warranty on behalf of Handpicked Wines. Handpicked Wines takes no responsibility for any disputes, complaints, claims or suits that arise out of the acts or omissions of any other business or entity including their offers, products or services, refusal to accept vouchers or discounts, misrepresentation or default by the business and/or entity. Any complaints in relation to these matters shall be made direct to the relevant business and/or entity.

 

4. We will not be liable for any delay or failure caused by circumstances outside its reasonable control (including but not limited to any act of God, war, pandemic or epidemic, industrial dispute, electricity or network or communications failure, governmental or legal restraint).

 

Governing Law

 

  1. These Terms will be governed by and interpreted in accordance with the laws of the State of NSW, Australia and you hereby consent to the exclusive jurisdiction and venue of the Courts of NSW, Australia in all disputes arising out of or relating to these Terms or your Subscription.

 

Contact Us

 

  1. If you wish to contact us for any reason, you can reach us via any of the below methods:


In Person or by Post: 

Handpicked Experience (Sydney) Pty Ltd

31/33 Market Street, Sydney NSW 2000

Australia

 

Phone:                              (02) 9392 9190

Email:                               wineclub@handpickedwines.com.au

HANDPICKED WINES ONLINE GIFT CARDS – TERMS AND CONDITIONS

  1. Redemption
    Gift cards are redeemable online only at handpickedwines.com.au and can be used to purchase any available products, excluding third-party services, tickets, or experiences unless otherwise stated.
  2. Validity
    Gift cards are valid for 3 years from the date of purchase. The expiry date is printed or emailed with the digital card. Unused balances after this time will not be refunded or honoured.
  3. Non-Refundable & Non-Transferable
    Gift cards are non-refundable and cannot be exchanged for cash or used to purchase additional gift cards. They are also not transferable or redeemable for cash in whole or part.
  4. Partial Use & Balances
    If the total purchase exceeds the value of the gift card, the balance must be paid using an accepted payment method. If the full value is not used in one transaction, the remaining balance will stay on the card and can be used until the expiry date.
  5. Lost or Stolen Cards
    Handpicked Wines is not responsible for lost, stolen, or unauthorised use of gift cards. Treat your gift card like cash.
  6. Minimum Age Requirement
    Purchases made with a gift card are subject to age verification and responsible service of alcohol legislation. You must be 18 years or older to purchase alcohol.
  7. Online Use Only
    Gift cards can only be redeemed for purchases made via our online store and cannot be used in physical cellar doors or retail locations.
  8. Promotional Gift Cards
    Any gift cards issued as part of a promotion may carry additional restrictions or shorter expiry periods. These will be clearly communicated at the time of issue.
  9. Technical Issues
    If you experience issues redeeming your gift card, please contact our customer care team at [insert email] for assistance.


Card short terms:

Open to Australian residents 18+. Promo period: 1.7.25 – 1.1.26. Scratch to reveal if you've won a free bottle of Handpicked Wines (equal or lower RRP to original purchase). Redeem at point of purchase by 31.1.26. Original receipt and winning card required. While stocks last. Not transferable or redeemable for cash. Promoter: DMG Fine Wine Pty Ltd, 33/31 Market St, Sydney NSW 2000. Full T&Cs at https://handpickedwines.com.au/blogs/blog-posts 

 

Scratch to Win – Terms & Conditions

Promoter: DMG Fine Wine Pty Ltd (ABN [insert ABN]), 33/31 Market Street, Sydney NSW 2000.

  1. Eligibility
    Entry is open to Australian residents aged 18 years and over. Employees of the Promoter, associated agencies, and their immediate families are ineligible to enter.

  2. Promotion Period
    The promotion opens at 12:01am AEST on 1 July 2025 and closes at 11:59pm AEDT on 1 January 2026. Scratch cards are available while stocks last.

  3. How to Enter
    Purchase any eligible bottle of Handpicked Wines from participating retailers during the promotion period to receive a scratch card (one card per eligible bottle, while stocks last). Scratch the card to reveal whether you have won a free bottle.

  4. Prize Details

    • Instant win: One (1) free bottle of Handpicked wine.

    • The prize bottle must be of equal or lesser recommended retail price (RRP) than the purchased bottle associated with the winning scratch card.

    • Prize must be redeemed at the original place of purchase, subject to availability.

    • Winners must present both the original purchase receipt and the winning scratch card to claim their prize.

  5. Redemption Deadline
    All prizes must be redeemed by 31 January 2026. Unclaimed prizes will be forfeited.

  6. Conditions of Entry

    • Scratch cards are valid for a single use only.

    • Prizes are not transferable, exchangeable, or redeemable for cash.

    • The Promoter reserves the right to verify the validity of all entries and claims, including proof of purchase, age, and identity.

    • Scratch cards that are illegible, altered, duplicated, tampered with, or incomplete will be deemed invalid.

  7. Liability
    To the extent permitted by law, the Promoter is not responsible for lost, stolen, misdirected, or damaged scratch cards, or any issues beyond its reasonable control that may affect the operation of the promotion.

  8. Privacy
    Personal information provided will be handled in accordance with the Promoter’s privacy policy, available at [insert privacy policy URL].

  9. General
    The Promoter reserves the right to cancel, suspend, or amend the promotion and/or these terms and conditions at any time, subject to applicable laws and regulations.

Last update: [18 July] 2025