TERMS AND CONDITIONS
Acceptance
Account
Orders
Subscription
Price and Payments
Promotional Discount Codes
Extras from us to you
Availability and cancellation
Delivery, Title and Risk
Intellectual Property
Exclusions
Limitations
General
ACCEPTANCE
By accessing and/or using the Site you:
agree that you have reviewed these Terms and Conditions (TERMS) and our Privacy Policy (available on the Site);
confirm to us that you are over 18 years of age and you have the legal capacity to enter into a legally binding agreement with us; and
agree to use the Site in accordance with the Terms.
2. ACCOUNT
You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including any purchases made using your account details.
3. ORDERS
You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other charges and taxes) at the time you place your order.
You may make an order for:
a one-off purchase (ONE-OFF PURCHASE);
a subscription as described on the Site (SUBSCRIPTION).
We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
Each One-Off Purchase order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
When you order and pay on the Site and your payment has been validated, we will provide you with order details, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
Under Australian laws, alcohol can only be sold or supplied to persons aged 18 years or older. By placing an order with us, you confirm that you are at least 18 years old. You agree that it is your responsibility to consume alcohol in accordance with the law and responsibly.
4. SUBSCRIPTION
When you place an order for a Subscription, you must choose a tier of Subscription in which includes different prices and products (e.g. 6 bottles or 12 bottles).
Your Subscription will automatically renew each billing cycle based on your chosen Subscription. You will be charged for your first Tate Wine Subscription box up front, and the following payments will follow on the 7th calendar day corresponding to the delivery month (e.g. December, March, June and September)(BILLING DAY).
The selection of products to be included in each order under your Subscription (PRODUCT MIX) will be a surprise on the day and decided by Tate Wine winemakers and staff.
Varying, upgrading, downgrading and cancelling your Subscription
You may change the frequency (e.g. cancel/skip) of your Subscription at any time by emailing wineclub@tate.wine
Your Subscription automatically continues until cancelled in accordance with the ‘Cancellation’ clause.
5. PRICE AND PAYMENTS
One-Off Purchase
You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the PRICE) in accordance with this clause.
In the event of a One-Off Purchase, you must pay the Price via credit card or any other payment methods set out on the Site such as Stripe.
General
All amounts are stated in Australian dollars and are inclusive of GST (where applicable). We display delivery costs separately from the purchase price.
You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
To the extent permitted by law, the Price are non-refundable and non-cancellable once paid.
6. PROMOTIONAL DISCOUNT CODES
We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
7. EXTRAS FROM US TO YOU
Goodies with your order
You may also receive gifts with your Tate Wine Subscription such as recipes, apparel, or food. We do not warrant that you will receive such gifts.
8. AVAILABILITY AND CANCELLATION
Availability
All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
Suspending your Subscription
You may suspend your Subscription at any time for no longer than 3 consecutive months. You must notify us in writing at least 7 business days prior to the next Billing Date. If you suspend your Subscription less than 5 business days prior to the next Billing Date, you will be charged on the next Billing Date and your Subscription will be suspended effective from the following billing cycle.
If you suspend your Subscription, at the end of the 3 month period, we will send you written notification that your Subscription has been suspended for 3 consecutive months.
Cancellation
You can cancel your Subscription and terminate these Terms at any time by notifying us in writing and/or updating your account on the Site. You must notify us in writing and/or update your account at least 2 business days prior to the next Billing Date.
We may immediately suspend, terminate or limit your access to and use of the Site and terminate these Terms, if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.
9. DELIVERY, TITLE AND RISK
We will deliver the products to the delivery address you provide when making your order. We deliver Australia wide and if we cannot deliver to you, we will notify you as soon as practicable. We do not currently ship internationally.
Delivery costs are set out on the Site.
We normally dispatch products within:
for One-Off Purchases, 24 hours of receiving an order, unless otherwise noted on the Site;
for Subscriptions, within the first week of the delivery month.
Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
If you need to change the delivery date or delivery address, please notify us immediately in writing. If you change your delivery address after your Billing Day, we will deliver to the original address and the new delivery address will become effective for your next Billing Day.
We may deliver the products using a range of delivery methods.
Title to the products will remain with us until you have paid us the Price for that billing cycle in full in accordance with the Terms.
Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
10. INTELLECTUAL PROPERTY
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Site) will at all times vest, or remain vested, in us.
You must not, without our prior written consent:
copy or use, in whole or in part, any of our intellectual property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party;
breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
11. EXCLUSIONS
You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Site. Without limiting the foregoing provisions, you must not and must not permit any other person to:
resell, assign, transfer, distribute or provide others with access to the Site;
use the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
use the Site in any way that damages, interferes with or interrupts the supply of the Site;
introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (SYSTEMS), including viruses, worms, trojan horses and e-mail bombs;
use the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Site or any training resources from the Site;
use the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers.
12. LIMITATIONS
Despite anything to the contrary, to the maximum extent permitted by law:
our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed us resupplying the products to you;
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
loss of, or damage to, the products, or any injury or loss to any person;
failure or delay in providing the products;
breach of the Terms or any law, where caused or contributed to by any:
event or circumstance beyond our reasonable control;
act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
13. GENERAL
DISPUTES: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
NOTICES: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when setting up or updating your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
WAIVER: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
RELATIONSHIP OF PARTIES: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
PHOTOGRAPHS: If you provide us with photographs of the products via email, on your account page or by tagging us on social media networks, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
SEVERANCE: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
ASSIGNMENT: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.