The Vault Terms & Conditions

HANDPICKED EXPERIENCE (SYDNEY) PTY LTD

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).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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).

 

  1. 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.

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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

Handpicked Urban Cellar Door

50 Kensington Street

Chippendale NSW 2008

Australia

 

Phone:                              (02) 9392 9190

Email:                               wineclub@handpickedwines.com.au