TERMS OF USE

This website is owned and operated by Currency Wine Estates Pty Ltd (ABN 61 618 038 145) and/or its related companies (Currency Wine Estates, we, us or our).

As a condition of using this website (Website), you agree to comply with and be subject to all of the following terms and conditions (including our Privacy Policy). In the event that you do not agree to any of the below terms and conditions, please discontinue use of our Website immediately.

Age requirement

You must not use our Website if you are under 18 years of age or under the legal drinking age in your country of residence.

Copyright

Unless indicated otherwise, all intellectual property rights appearing on the Website (such as names, trademarks, logos and copyright material) are owned by us. You must not use, copy, sell or otherwise exploit our intellectual property in any way whatsoever unless permitted by law.

User content

In the event that you post or send content to the Website, you agree that such content will not be treated as confidential. By submitting content, you grant us a licence to use that content in any manner whatsoever including but not limited to, advertising without payment or reference to you.

You agree to not post the following to the Website:

  1. content that violates the intellectual property or privacy of any person or entity;

  2. content that is offensive, abusive, defamatory or false;

  3. advertising or promotional materials; or

  4. content containing software viruses or anything that may be harmful to the Website.

We have the right to remove or edit any user content.

Responsible consumption of alcohol

We promote the responsible consumption of alcohol. Alcoholic beverages must be consumed by persons of legal drinking age and enjoyed responsibly and in moderation.

Wine Club

If you wish to become a member of our Wine Club, you agree that:

  1. you must provide us with your name, address, email and phone number;

  2. you will receive communications from us about your Website Orders and Cellar Door Orders

    and certain offers and promotions that may be relevant to you;

  3. you have the option to join a subscription list and engage with promotional campaigns;

  4. you can choose to opt-out/unsubscribe from any of our emails or newsletters; and

  5. you will comply with any terms and conditions specified by our Wine Clubs in addition to these

    terms and conditions.

Ordering

All orders via our Website (Website Order) will be processed through Shopify Inc. (Shopify). You agree to be bound by Shopify’s Terms of Service and Privacy Policy. For the avoidance of doubt, these Terms and Conditions and Privacy Policy do not become void when you become bound by Shopify’s Terms of Service and Privacy Policy. Website Orders can be collected from our Cellar Door within six (6) weeks from the date of purchase or a shorter timeframe at our sole discretion. The provisions in the below section titled ‘Pick-up’ will apply.

All orders made in person at the Cellar Door (Cellar Door Orders) will be processed through our internal POS system or by cash. You must pick-up/collect your Cellar Door Order at the time of purchase. For the avoidance of doubt, we will not deliver the products to you.

In the event that we or Shopify require you to open an account for your Website Order, Cellar Door Order or the Wine Club, you must keep your username and password confidential at all times. You must not allow any other person to use your account. You are solely responsible for all activity that occurs on your account and you must notify us immediately if you become aware of any unauthorised activity on your account.

We reserve the right to suspend and/or terminate your account(s) if we determine, in our sole discretion, that you have acted in contravention of these terms and conditions or any relevant legislation.

You confirm and warrant to us that all the details you have provided in completing the Website Order or Cellar Door Order is correct, and that you are 18 years or older. In the event that you do not confirm that you are 18 years of age or older, we will not process your Website Order or Cellar Door Order.

You must purchase products for the price as listed at the time the Website Order or Cellar Door Order is placed. We may contact you to confirm your payment, information or purchase details.

When placing a Website Order, you must purchase on a case(s) only basis, as follows:

  1. Icon Range Wine Products: three (3) bottles per case;

  2. Emetior, RMS, Single Vineyard, Currency Creek Estate Range, Bin 1858 Tawny Port & Old

    Tawny Port Products: six (6) bottles per case; and

  3. Shaw Family Vintners Range, Stonemason, Steeple Jack, Creek Station Range & Winery

    Road Range Products: twelve (12) bottles per case.

Payment

We accept payment by the following methods:

  1. Afterpay;

  2. Paypal;

  3. Coinbase Commerce; or

  4. Credit Card.

We may remove or add any payment method at our sole discretion.

You must pay all fees and charges, including credit cards fees relating to the payment of your Website Order and/or Cellar Door Order.

Acceptance, rejection or cancellation of a Website Order or Cellar Door Order

We may cancel or reject any Website Order or Cellar Door Order placed by you, for any reason whatsoever including but not limited to, if:

1. we cannot or are unable to process your payment for any reason;
2. the requested product(s) are unavailable;
3. there is an error in the price or the product description of any product in the Website Order

Cellar Door; or
4. we suspect fraudulent or unlawful activity.

In the event that we cancel a valid Website Order or Cellar Door Order, we may refund the cancelled payment to you via any method at our sole discretion.

It is at our sole discretion if we accept your request to change or cancel a Website Order or Cellar Door Order. . If we do accept your request to change or cancel a Website Order or Cellar Door Order,

you must pay all reasonable costs incurred with such change or cancellation to the Website Order or Cellar Door Order.

Delivery of Website Order

Australia Post
We use Australia Post to deliver ordered products.
If you order three (3) cases or more of product, we will not charge you a delivery fee.

You agree to be bound by all of Australia Post’s terms and conditions that may be relevant to the delivery of your Website Order. For the avoidance of doubt, these Terms and Conditions and Privacy Policy apply in conjunction with Australia Post’s Terms and Conditions.

Delivery address

Australia Post will deliver to the address that you have provided during your Website Order. We will not action your delivery with Australia Post unless all requested delivery details are provided when you place your Website Order.

Pre-conditions to delivery

You agree that any person who takes receipt of your ordered products at the delivery address is authorised to do so.

Delivery times
Deliveries are despatched via Australia Post on Friday Morning of every week.

Australia Post confirms that the standard time-frame for receiving a Website Order is 10-14 days. You accept the risk that occasionally due to circumstances which are beyond our control, including any actions taken by Australia Post, delivery times may be longer than the standard time-frame.

Hold

You may contact us by telephone and ask that we hold products for your pick-up from our Cellar Door. It is at our sole discretion whether we hold such products. In the event that we do hold products for your pick-up, we will do so for three (3) weeks or a shorter timeframe at our sole discretion.

When you pick-up the products the provisions in the below section titled ‘Pick-up’ will apply.

When you make the order for the products at Cellar Door, the provisions in relation to Cellar Door Orders throughout these Terms of Use will apply.

Pick-Up

Pick-Up is available from our Cellar Door during our opening hours only, being Monday – Friday, 10.30am to 4.30pm (excluding Christmas Day and Public Holidays) at 369 Myrtle Grove Road, Currency Creek, South Australia 5214.

We may rely on any person who collects your Website Order, Cellar Door Order or products on hold as being authorised to collect your products on your behalf.

We may not allow collection of your Website Order, Cellar Door Order or products on hold, at our sole discretion, if any of our requests for verification (such as proof of identity or age) are not complied with to a satisfactory standard or if the recipient or likely recipient of the order appears to be under the influence of alcohol or drugs.

Risk and title

Risk and title in the products pass to you at the later of the time that:

  1. they are delivered to your delivery address; or

  2. you pay for the products.

If the risk and title of an ordered product has passed to you, it will revert back to us if we make a refund to you.

Returns

We will provide you with a refund or replacement for any products in accordance with Australian Consumer Law.

No Resale

You agree that all products purchased from us are not for personal consumption only and not for resale.

General

These terms and conditions shall be governed by the laws of New South Wales and are subject to the exclusive jurisdiction of the Courts of New South Wales.

Currency Wine Estates’ failure to exercise or enforce any rights or provisions of these terms and conditions shall not constitute a waiver of such right or provision unless agreed to by us in writing.

If any of the provisions of these Terms and Conditions are deemed to be prohibited or unenforceable then to that extent only they will have no force or effect whatsoever and will be deemed excised from these Terms and Conditions without affecting or modifying any other rights and obligations between us and you.

We reserve the right to amend the information displayed on our Website at any time, including but not limited to these terms and conditions. Any amendment to these terms and conditions will take effect immediately. Every time you use the Website, you acknowledge to us that you have read these terms and conditions and agree to be bound by them.

No representation

We will endeavour to ensure the accuracy of information displayed on our Website. However, to the extent permitted by law, no warranty or representation is given as to its quality, accuracy or completeness. It is the responsibility of the user to judge the accuracy of information before relying on it in any way.

We make no warranty or representation as to the suitability of our Website, any site which is linked by our Website or our products for any purposes. No content on our Website or any site that is linked by our Website constitutes advice and should not be relied upon in making or refraining from making any decision.

Currency Wine Estates does not represent that any information (including any file) obtained or downloaded from our Website or any site that is linked by our Website is free from computer viruses or other faults and defects. It is the responsibility of the user to carry out any appropriate scans of such files for any viruses, faults or defects.

Limitation of liability

We accept no responsibility for any loss, liability, cost, expense or damage of whatever nature arising out of the use of, or inability to use, our products, Website and any site that is linked by our Website,

or from any error or omission in information contained on our Website, any site that is linked by our Website or our products.

All conditions, warranties or liabilities with respect to the supply of any services by us, via our Website imposed or implied whether by law or by statute are expressly excluded and negated, provided that nothing in these terms and conditions shall exclude, restrict or modify any condition, warranty, right or liability which may at any time be implied in these terms and conditions (including any condition, warranty, right or liability implied by the Competition and Consumer Act 2010 (Cth) or any similar applicable State or Territory legislation) where to do so is illegal and would render any provision of these terms and conditions void.

To the extent permitted by law, Currency Wine Estates expressly limits its liability for breach of any condition or warranty implied, be they statutory or otherwise, into any service supplied via our Website to; the supply of the service again; or the payment of the cost of having the service supplied whichever we may in our absolute discretion select.

Links

We may include links to other websites on our Website. We accept no responsibility or liability for the contents of any linked website. It is your responsibility to make yourself aware of the terms and conditions on the linked websites.

Northern Territory

We may change the final price calculation of your Website Order or Cellar Door Order to ensure compliance with the Northern Territory Minimum Unit Price Legislation if you are a Northern Territory resident.