The term “Small Wonder Wines” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
Copyright in all materials appearing on this website is, except where noted to the contrary, the property of Small Wonder Wines ABN 20 983 636 208 (Hereinafter referred to as Small Wonder Wines) and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or for any purpose expressly permitted by Small Wonder Wines.
Small Wonder Wines does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Small Wonder Wines is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of the Small Wonder Wines website remains with you.
You also waive any and all claims that you may have against Small Wonder Wines otherwise arising out of or in relation to your use of this website.
By supplying Small Wonder Wines with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold Small Wonder Wines responsible for any breach of security unless Small Wonder Wines have been negligent or in wilful default of our duties to you.
Once you have registered as a Wine Club member, you will receive or nominate a password or PIN. You are responsible for maintaining the confidentiality of your password or PIN. You are also responsible for, and indemnify Small Wonder Wines in relation to, any and all activities that occur using your password or PIN, including in relation to your personal information. You must immediately notify Small Wonder Wines of any unauthorised use of your logon or password or PIN or any other breach of security of which you become aware.
Limitation of Liability
To the extent that Small Wonder Wines breaches any condition or warranty implied into the arrangement between Small Wonder Wines and you and which cannot be excluded or modified, Small Wonder Wines’s liability is limited to, at Small Wonder Wines’s discretion, either:
replacement of the goods or supply of equivalent goods; or
payment of the cost of replacing the goods or acquiring equivalent goods;
and in the case of services, to:
supply of the services again; or
- payment of the cost of having the services supplied again.
Subject to the foregoing, Small Wonder Wines is not liable to you (or to any third party claiming through you) for, and you release Small Wonder Wines from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property (“Loss”) caused by any act or omission of Small Wonder Wines, its employees or agent, and whether based on negligence or other tort, contract or otherwise.
Small Wonder Wines may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.
Promotions and Clearances
All specials, promotions, clearances, offers and discounted items advertised are available only while stocks last unless otherwise advertised.
The laws of Tasmania govern this Contract.
Terms of Sale
1. Nature of the Contract
a. The Parties to this Contract are:
i. Small Wonder Wines Pty Ltd ABN 20 983 636 208, holder of TAS Liquor License No. 57039 (referred to herein as Us, We, Our); and
ii. The persons listed or stated in the Order (referred to herein as You, Your).
b. By entering Your details to place an Order, You are offering to make a Contract to purchase Goods with Us. If We accept Your Order, the Goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.
c. We support the responsible service of alcohol.
2. Definitions and Interpretation
a. These Terms of Sale (including any terms or policies it incorporates by reference) constitute the entire Agreement governing Your purchase of Products or Services from Us (Agreement) and supersedes any previous negotiations, representations, understandings or arrangements, whether oral or in writing.
b. Where an Order consists of multiple Deliveries whether on a single day or over a period of time, this Agreement applies to each Delivery.
c. This Agreement must be interpreted so that it complies with all Legislation applicable in Tasmania. If any provision of this Agreement does not comply with any law, then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be treated as severable from the rest of the Agreement. This approach is to be used equally where any court is construing this Agreement and finds an invalid provision.
d. Any grammatical form of a defined word or expression has a corresponding meaning.
e. The use of gender includes other genders and the singular includes the plural and vice versa.
f. We do not waive a right or remedy created by this Agreement except where We give You a written, signed waiver. Any delay in exercising our rights or remedies under this Agreement is not a waiver of those rights or remedies, nor does Our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or any other right We have.
g. You must not assign, sell or transfer Your interest under this Agreement. We may, at Our discretion, assign, sell or transfer Our interest in this Agreement by notice in writing to You.
h. In these Terms of Sale:
i. Closing Date means the payment date for a Regular Delivery Order
ii. Delivery means any delivery of Goods to You requested in an Order.
iii. Delivery Address means the address stated for deliver on Your Order.
iv. Delivery Charges means fees plus any GST for freighting and delivery of any Goods to You.
v. Goods means wine and alcoholic beverages and any other goods We supply to You from time to time including any supplied as part of the Additional Benefits.
vi. Member means any person who is accepted as a member by Us after receiving a completed membership form.
vii. Order means any oral or written request that You give to Us and which is accepted by Us to supply You with Products, including any Order for a Regular Delivery service which is given via Our website, by telephone, by facsimile, by regular mail, by email, or in person.
viii. Product Price means the price of the Goods You Order including GST but excluding Delivery Charges.
ix. Products means any Goods or Service as the context dictates.
x. Regular Delivery means an arrangement offered by Us to Members from time to time which consists of the quarterly Delivery of Goods over a period time and which has been selected by You and specified in Your Order.
xi. Services means any services We supply to You including any services supplied as part of the Additional Benefits.
xii. Total Price means the Product Price plus the Delivery Charges.
a. This Agreement is governed by the laws of the State of Tasmania. Any proceeding under or in connection with this Agreement must be taken in the appropriate Court in that State or any Court competent to hear appeals from those courts.
b. The Parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Tasmania and waive any right to object to proceedings being brought in those Courts.
a. You can give notice to Us under this Agreement by telephoning Our Customer Service Team, writing to Us at Our address as set out on Our website, sending Us a fax to the number specified on Our website, or by emailing Us at [email protected]
If You write to Us or send a fax to Us, the letter or fax must be clearly legible and signed by You.
b. We can give notice to You by writing to You, telephoning You, emailing You or sending You a fax using the contact details You provide Us from time to time.
c. Any notice sent under this Agreement will be taken to be received by the other party:
i. in the case of a letter, on the third business day after the date of posting;
ii. in the case of a fax, on production of a transmission report by the machine from which the facsimile was sent which indicates that the fax communication was sent in its entirety to the fax number of the recipient; and
iii. if the time of dispatch of a facsimile is not on a business day, or it is after 5.00pm (local time) on a business day, at the commencement of the next business day.
a. We may add to, delete, or otherwise change any of the terms of this Agreement at any time. We will post the up to date terms (New Terms) on Our website and the New Terms will be effective immediately on posting. You are responsible for monitoring the website for New Terms. If You do not consent to any New Terms You must notify Us immediately that You terminate this Agreement. Your placement of any further Order or continued use of any Products indicates Your acceptance of the New Terms.
a. Including any other right to terminate this Agreement, an Order or Delivery as set out in this Agreement, by giving the other party notice in accordance with clause 4:
i. either party may immediately terminate this Agreement:
1. if the other party breaches this Agreement; or
2. if the other party is insolvent or bankrupt.
ii. if You are a Member, You may cancel Your membership at any time without reason;
iii. if You are receiving the Regular Delivery service, You may cancel it at any time without reason and on cancellation any further Deliveries applicable to that Regular Delivery service will cease, unless already dispatched for Delivery, and any unused advance payments will be refunded to You; and
1. We may cancel this Agreement including any existing Regular Delivery service and cancel all Deliveries without liability to You;
2. if required to do so by law; or
3. without reason and any unused advance payments will be refunded to You.
b. Termination of this Agreement does not affect any accrued rights and liabilities of either party.
7. Legal Age
a. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
b. If You purchase Products from Us, You warrant to Us that:
i. You are over the age of 18 years; and
ii. any person that You are obtaining the Products for, or supply the Products to, is over the age of 18 years.
c. We reserve the right to cancel any Order or refuse to supply You with any Products you Order if We are not satisfied that You meet the requirements of clause 7b.
8. Representations of Goods
a. Although We aim to include the most up to date pictures of the Goods in Our materials and on Our website, pictures are for illustrative purposes only and should not be relied upon.
9. Promotions and Special Offers
a. Any stated terms and conditions of specials, promotions, clearances, offers and discounted items apply in addition to the terms of this Agreement.
b. Any specials, promotions, clearances, special offers or discounted items We advertise or offer to You are available only while stocks last unless We state otherwise.
c. We may terminate any promotions, clearances, special offers or discounted items without advance notice.
10. Acceptance and Filling Orders
a. Any Order may be accepted or rejected by Us in Our absolute discretion. This Contract only comes into existence when We accept Your Order. No obligation to sell the goods will arise until such acceptance.
b. We will make reasonable endeavours to fill Your Order, however We do not guarantee that Products You request will be available.
c. Unless otherwise agreed We will not provide rainchecks for Goods You Order that are unavailable.
d. If the Goods You request are unavailable:
i. We will replace the Goods with other Goods of equivalent value and quality; or
ii. You may cancel the Order or return the Goods to Us in accordance with clause 17 and We will refund any monies You have paid to Us in relation to that Order.
11. Fees and Charges
a. If You are receiving our Regular Delivery service:
i. the Product Price for Products is the amount applicable on the date We confirm Your Order; and
ii. the Product Price at the time You agreed to receive Our Regular Delivery service is an average Product Price only and the Product Price for each Delivery will be the amount applicable at the time Your Goods are packaged and processed, ready for Delivery.
iii. the Cancellation of a Regular Delivery Order after the Closing Date will incur a Cancellation Fee of $50.00
b. Freight Charges are payable in addition to the Product Price.
c. Unless otherwise stated in this Agreement or agreed to in writing by Us, You must pay Us the Total Price including any GST applicable to Your Order in accordance with the payment methods, and at the time set out on Our invoice, or as otherwise advised when You submit an Order.
d. Our prices are subject to variation.
e. Prices quoted are inclusive of GST.
f. Prices are stated in Australian Dollars.
12. Pricing Errors
a. Where We become aware the price of any Goods shown on Our website or in Our materials is incorrect by being:
i. higher than the correct price We will refund the overpayment to You by providing You with a cheque or crediting any overpaid amounts which may have been debited to Your credit or charge card; or
ii. lower than the correct price, We reserve the right to not accept such Orders for Goods or cancel the Order even if the Order has been accepted and payment received.
b. Prior to cancelling or rejecting Your Order, We will contact You and offer You the option of amending Your Order and proceeding with the purchase of the Goods at the correct price.
c. If You decline to proceed with the purchase of the Goods We will refund any payments to You by providing You with a cheque or crediting any amounts which may have been debited to Your credit or charge card.
a. You may become a Member by filling out and submitting a Membership Form. If you become a Member, these Purchase Terms apply to You.
b. Your membership must be for a minimum of 12 months. During this time you must receive two deliveries. A $25 cancellation fee applies if you cancel within the first 6 months.
c. In addition to any Regular Deliveries You may select, We may also provide You from time to time with certain membership benefits, such as exclusive member offers, discounted member pricing, copies of Indulge magazine or other benefits (Member Benefits).
d. We reserve the right to add to, vary, substitute or omit the Member Benefits at any time, in Our absolute discretion, and without notice to You.
14. Privacy and Personal Information
a. The personal information We collect from You generally includes Your name, address, telephone number/s and information required for order processing and payment. We may also collect information from You concerning Your preferred wine type/s and other information as required for Our normal business functions.
b. We collect Your personal information through a range of sources including the Membership Form You fill in to become a Member, information You provide over the telephone to our sales consultants or member of our Customer Service Team, surveys and questionnaires You complete, and at Our related events and functions.
c. We use Your personal information to provide products and services and Additional Benefits.
a. We will not be obliged to continue to Deliver Goods to You if Your Deliver Address is not in an area within which We deliver Goods.
b. In addition to the Product Price, You must pay the Delivery Fees.
c. The amount of the Delivery Fee may vary depending on the Delivery Address and quantity of Products ordered.
d. A schedule of Delivery Fees can be viewed on Our website here but are subject to change from time to time without notice to You.
e. Unless otherwise agreed by Us, a Delivery will not be made until We receive the Total Payment relating to that Delivery and We reserve the right to cancel any Order or suspend any Delivery if We have not received the Total Payment prior to dispatch.
f. We may cancel an Order or refuse Delivery and anyone making a Delivery may refuse to deliver the Goods to a person if they fail to provide proof of age satisfactory to Us or the person delivering the Goods that the recipient is aged eighteen (18) years or over.
g. We are required by law to give written instructions to the person responsible for delivering the Goods, requiring that the Goods be delivered:
i. to the adult person who placed the order; or
ii. in accordance with Your instructions for the Delivery, to another adult person over eighteen (18) years of age.
h. Subject to clauses 12d, 12e and 12f, anyone at the Delivery Address who receives the Goods will be presumed by Us to be authorised to receive the Goods on Your behalf.
i. while We will use all reasonable endeavours to deliver by any requested or agreed date, We do not guarantee Delivery on that date and are not liable for any loss resulting from late Delivery.
j. If a Delivery is refused by You or Your representative, the Cancellation Fee as specified in clause 11a. part iii. will apply.
k. We offer the option of providing Delivery instructions to have Goods left at point of Delivery. All efforts will be made to ensure these instructions will be followed but it must be clear that You take on this option at Your own risk.
16. Risk and Title
a. Risk in the Goods passes to You upon delivery of the Goods to the Delivery Address.
b. Title in the Goods passes to You on receipt of the Total Price by Us.
17. Returns Policy
a. You may return Goods We have delivered to You for any reason in accordance with this section.
b. If You wish to return Goods to Us, You must notify our Customer Service team within seven (7) days of the Delivery and provide Us with the details of the Delivery so that We can assess Your concern.
c. Upon confirmation of the return from Us under clause 17b, You must take the Goods to an Australia Post outlet, and return them to Us using Our reply paid address.
d. The Goods must be in good order and have Your details clearly marked on the carton. Upon receipt and validation of the returned Goods to Us, Your account will be credited or a new Order issued.
e. Where Goods are returned to us without Our approval under clause 17b, the Cancellation Fee as specified in clause 11a. part iii will apply.
f. Old, cellared and back vintage wines are in excellent condition in terms of their cellaring history in our cellar. There is risk inherent to handling such items and the buyer must beware. You accept all losses ensuing from purchasing a tired or undrinkable old, cellared or back vintage wine. There is no guarantee of refund or replacement. Please note that We will never offer for sale any bottle that is suspected of being undrinkable for any reason.
g. No refund or return is available for wines more than seven days after delivery.
h. We cannot be held responsible for wine that is stored incorrectly.
18. Our Liability
a. To the fullest extent permitted by law, We exclude all warranties (whether express or implied) in relation to any Products or Additional Benefits, and will not be liable to You for any loss, cost, damage or expense You suffer in connection with or arising from Our provision (or failure to provide) the Products or Additional Benefits.
b. We do not make, and have not made any warranty or representation as to the suitability of any Products We supply for any particular purpose.
c. We do not warrant the accuracy of information contained on Our website, catalogues or other materials and recommend that You read the label on Goods carefully before consuming the Goods.
d. To the fullest extent permitted by law, We will not be liable for any loss, damage to property, personal injury or death arising from or in connection with the use of any Products by You or any third party. You use the Products at Your own risk.
e. We will not be liable for any consequential or indirect loss or loss of profits, opportunity or chance You suffer in connection with this Agreement or any Products used by You.
f. To the extent permitted by law, You agree that Our liability arising out of or in connection with any breach of an express or implied warranty or condition of Our Agreement is limited to:
i. if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods, or the payment of the cost of replacing the Goods or of acquiring equivalent Goods; and
ii. if the condition relates to Services, the supplying of the Services again or the payment of the cost of having the Services supplied again.
19. Our Brands
a. You acknowledge and agree that any trade marks, logos or copyright materials which appear on Our website, catalogues or other materials produced by Us (or on Our behalf) and distributed to You are owned by or licensed to Us, and that You must not do anything to prejudice Our rights or those of the owner in relation to those trade marks, logos or copyright materials.
20. Regular Delivery
a. Unless You terminate this Agreement as permitted herein, if You Order a Regular Delivery service, the minimum term will be 12 months and will be automatically renewed at the end of each 12 months for a further term of 12 months.
21. Undeliverable Goods
a. If Delivery of an Order to You is deemed undeliverable by the assigned carrier, the carrier will advise Us, and We will attempt to contact You to arrange re-delivery of the Goods.
b. Where re-delivery cannot be completed, the assigned carrier will return the Goods to Us and the Cancellation Fee as specified in clause 11a. part iii will apply.
22. Damaged Goods
a. If You receive a Delivery with one or more broken bottles, We will issue You a credit in the amount paid for the broken bottles or send replacement bottles at Our discretion if You notify Us within seven (7) days of the delivery date.
b. We may ask You to provide proof of the damage, as a condition of refund or replacement.
a. Restrictions on the carriage or possession of alcohol are in place in some regions of Australia. If You live in an area which is he subject of such restrictions, it is Your responsibility to be aware of the extent of such restrictions and the legal implications of these restrictions prior to proceedings with Your alcohol purchase from Us.
b. We are not liable for any confiscation of alcohol and/or financial or other penalties arising from the breach of such restrictions caused by the attempted delivery by Us of Your Order.