Terms and Conditions

Section 1 – General Terms and Conditions

1. Introduction This website is operated by Wine Community of 11A GREENHILLS AV, MOOREBANK, NSW 2170, ABN 81 448 909 867, Producer Wholesaler Licence No. LIQW800502526 and Packaged Liquor Licence No. LIQP700383453

2. Acceptance of Terms and Conditions By accessing and using our Website or by placing an order through our Website, Licensed Premises, Event Show Stands or Home Wine Tasting Experiences, you agree that you will be subject to and will comply with these terms and conditions. The Wine Community reserves the right to amend these terms and conditions at any time without notice. If you have an order accepted by us, the terms and conditions in force as at the time of that acceptance will apply to your order. We reserve the right to alter terms and conditions without notice at any time and it is your responsibility to read any updated terms and conditions available via our website. In addition, Section 2 of these terms and conditions covers your use of our Website generally.

3. To Purchase Liquor, You Must be Over 18 The NSW Liquor Act 2007 prohibits the sale of liquor to persons under the age of 18 years. When placing an order, you will be asked to confirm that you are 18 years of age or over and to supply your date of birth. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed. You may not place an order if you are not over the age of 18. The sale of liquor pursuant to the offer to purchase is made at our licensed premises attached to the license number LIQP700383453 at Unit 1B, 2-6 Orion Road, Lane Cove West NSW 2066. Accordingly, your offer to purchase is subject to acceptance of your certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the above-mentioned licensed premises.

4. Responsible Service of Alcohol 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. To order from The Wine Community you must be 18 years of age or over. If buying wine or booking a wine tasting experience as a gift, the recipient, and all participants in a wine tasting experience, must also be 18 years of age or over. We reserve the right to cancel or refuse delivery if you or the recipient does not produce acceptable proof of age documentation confirming that they meet this requirement or if we consider the person receiving delivery to be under the effect of alcohol or drugs. We acknowledge and will comply with the Northern Territory (NT) Government Minimum Unit Price Legislation for alcohol of $1.30 per standard drink for any delivery to NT and will advise of any changes in cost associated with this for relevant customers. By placing an order with us you: a. confirm that you are 18 years or older; b. acknowledge that 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; c. warrant that you are not obtaining alcohol on behalf of a person under the age of 18 years; and d. you will not take or supply any part of your order to any liquor-restricted area or community.

5. Acceptance or Cancellation of an Order A contract binding on The Wine Community only comes into existence upon the acceptance of the offer by the Licensee of Packaged Liquor Licence No. LIQP700383453 at our licensed premises which is situated at Unit 1B, 2-6 Orion Road, Lane Cove West, NSW, 2066. However, we reserve the right to not accept or cancel any order in part or in full for any reason including but not limited to:

• a. if the requested product is not available;
• b. if there is an error in the price, product or advertised material;
• c. if there is an error with a voucher or promotional code redeemed;
• d. if there has been a breach of our terms and conditions in relation to the order; or
• e. if payment in full is not received.
• f. In the event that stock is unavailable, we will do our best to supply stock of equal or better quality at no extra cost. If you are unhappy with a substitution, we will refund your order in accordance with these terms and conditions.

Payment in full must be received by The Wine Community before goods will be delivered. All orders have a cooling-off period of 10 days from the order date. If you change your mind within this 10 day period we will organise a pick up of the goods at no charge to you, and you will be refunded once the goods are returned to our Sydney Warehouse. If we cancel an order placed through The Wine Community, then we will endeavour to notify you of the cancellation within a reasonable period of time. If any payment has already been taken for the order, then the full payment amount will be refunded to your original payment method. We reserve the right to cancel any order for which payment cannot be processed within a reasonable period.

6. Payment Methods You must pay the fees and charges owed using one of the following methods: credit card, cash, cheque, direct deposit, or The Wine Community Gift Voucher. In placing an order through us, you authorise The Wine Community to debit the amount owing on the accepted order from your nominated payment method. In the event that we are unable to successfully process your payment for your order in a reasonable amount of time, then The Wine Community reserves the right to cancel your order. Where you have an account credit with us, we will debit this from your order total before any other payment method is processed.

7. Fees & Charges Unless otherwise agreed to in writing by The Wine Community, we will charge you the full purchase price of each product that is ordered along with the freight and delivery fee provided to you at the time of ordering and GST where applicable. You acknowledge that The Wine Community is not obligated to match any prices for any products, including matching any prices for a product that is available through an alternative offer. Prices for products change from time to time, however, once we have accepted your order, we will not change any prices that apply to the products in that order. All prices are in Australian dollars.

8. Freight and Delivery We endeavour, with the assistance of our delivery partners, to have products delivered across the country. Delivery times will vary depending on the address location and whether someone is home, but in any case, deliveries will take place between 8AM up until 7PM from Mondays through to Fridays. If applicable, our Wine Consultants will discuss delivery of your order with you and receive your instructions on how best to deliver the wine, and specifically receive your approval to leave (an ATL – authority to leave) the goods in a particular spot at your address, in those cases where you may not be at home for prolonged periods and you do not wish our carrier to leave a calling card for you to arrange pick up on a future date. We are required by law to give written instructions to our carriers as to how they may deliver, and that the person receiving the goods at the delivery address is over 18 years of age and has assumed authority to receive the goods. A delivery fee is charged on all orders which varies depending on the point of delivery and the quantity of product being delivered. Unless otherwise agreed to by The Wine Community in advance, delivery will not be made until we have received payment in full for the order being delivered.The Wine Community reserves the right to cancel an order or suspend a delivery at our discretion.

9. Risk and Title

• a. Title to the goods passes to you upon The Wine Community being paid in full for the order
• b. Unless authority to leave (ATL) has been specified, our delivery agents will seek to verify your identity and you are over the age of 18 years. Our delivery agents may refuse to complete a delivery if the recipient cannot verify their age.
• c. Risk in the goods passes to you upon delivery of the goods to the delivery address, or in such manner as instructed by you.
• d. Where you have instructed The Wine Community to use an ATL with the carrier, then those goods are left at your address or your preferred ATL site, at your own risk, and the responsibility and title of these goods passes to you. Our delivery partners reserve the rights not to complete a delivery even if an ATL has been specified, for example, if your instructions are unclear or they consider leaving a delivery would be unsafe.

The Wine Community will work with our delivery agents to deliver any order to you at your provided delivery address. We will make our best effort to deliver within the time agreed with you, however, events beyond our reasonable control may occur from time to time which means that these delivery times may not be met. If this occurs, we will endeavor to contact you to arrange an alternative delivery time.

Neither The Wine Community nor its delivery partners can commit to delivery beyond the entryway to your delivery address. If you requestThe Wine Community or its delivery agents, to make a delivery beyond any entryway or the threshold of any property, and we agree to do so (in our sole and exclusive discretion), you agree to continually indemnify and hold harmless The Wine Community from any loss (being any liability, cost, expense claim, proceeding, action or damage of any nature) suffered or incurred through any such delivery.

Delivery of liquor will be subject to liquor licensing requirements and will not be made to premises that are declared to be restricted areas or premises.

10. Returns The Wine Community’s products come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions replaces or excludes guarantees provided in 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’re also entitled to have those products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. If your purchase is faulty, damaged, incorrectly described or breaches a consumer guarantee, we will be happy to provide you with either a refund or exchange upon presentation of your proof of purchase. If this purchase incurred a delivery fee, we will also cover the cost of the delivery fee for the return of the Goods back to us. Subject to the Australian Consumer Law, the return of goods outside the cooling-off period (10 days from purchase)is at the discretion of The Wine Community. Your Wine Consultant or our Customer Care team must be contacted on 1800 7437 684 (or at info@thewinecommunity.com) to arrange return and pick up by our carrier from the original delivery address, at The Wine Community’s cost if such return occurs during the 10 day cooling period. The conditions of returns are as follows:

• • The wines must be in good condition and not opened and include all FOC (Free of Charge) items;
• • We will allow a 1 bottle tester where the return is due to the wine quality being questioned. All other wine must be returned in full. Any wine which cannot be returned in full and in good condition will not be refunded, and FOC items not returned will be charged;
• • The delivery and collection fees for returns outside the 10 day cooling-off period will not be refunded, with a minimum of $15 to be charged per collection attempt; and
• • Any refund, if applicable, will be processed when the goods are returned to our warehouse and been assessed by us.
• • Should your choice of wine be made on the recommendation of one of our Consultants, and you consider the wine not to be to your taste, we will extend the cooling off period to 30 days and accept the return and exchange of such wines after a 1 bottle tester. This is limited to wines purchased and not extended to wines offered as ‘free of charge’ or as part of our mixed intro pack offers
• • If you fail to comply with the above, and wine is opened, damaged etc, thenThe Wine Community reserves the right to not accept any return or refund request.

11. Pricing

• a. All prices are Australian dollars and are inclusive of GST
• b. Product prices for products listed on the website are applicable to online purchases only. Promotional offers and prices are as stated, with no further discounts available.

12. Breakage In the event of breakage due to mishandling of delivery, The Wine Community will, at our discretion, replace the items (or refund the items) if you notify us within 7 days of delivery and we are satisfied you are not at fault for the breakage. To notify us you must contact our Customer Care team on 1800 7437 684 orinfo@thewinecommunity.com.

In the event that the product is no longer available, we will do our best to supply an alternative of equal or better quality at no extra cost. If the replacement wines are not to your satisfaction and you would like to request a full refund, our standard return terms and conditions will apply.

13. 1 Year Guarantee At The Wine Community, we pride ourselves in being able to offer premium quality wines from around the world and being in a position to say there is no risk when you order wines from The Wine Community. We believe our product to be ‘par excellence ‘and a clear sign is our guarantee which is 1 year from the date of purchase. The quality of our wine, if stored properly, will age and develop over time and, as with all good wines, the flavours and aromas may change as they age. If you feel you have a quality issue with your wine, our Customer Care team would be happy to discuss an exchange or credit to your account, at The Wine Community’s discretion (which can be used against your next order).

14. Representations of Goods Although we aim to include the most up-to-date pictures of our products on our Website and marketing materials, pictures are for illustrative references only and should not be relied upon.

15. Jurisdiction These terms and conditions are governed by the law the New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the court of New South Wales and its appellate courts.

16. Promotions and Special Offers 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.

17. Notification of changes The Wine Community may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 20. Any Order placed by you after notice will constitute your deemed acceptance of such changes.

18. Privacy and security For details on The Wine Community’s commitment to your privacy, please refer to our Privacy Policy. You agree that The Wine Community may collect information, store and handle it in accordance with its Privacy Policy.

19. Termination The Wine Community may terminate or suspend this agreement at any time by delivering notice (as specified in clause 19 or by sending you a message advising that your shopping privileges have been removed. The Wine Community may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders with The Wine Community at any time.

20. Notices The Wine Community may give notice to you by email, conventional mail or notice on the website. You may give notice to The Wine Community by email to info@thewinecommunity.com.

21. Severability Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable. Questions about the Terms of Service should be sent to us at info@thewinecommunity.com

This following document sets forth the Privacy Policy for The Wine Community By accessing our website at, www.thewinecommunity.com.au, signing up for our mailing list, ordering products from us or making use of any of our services you agree that The Wine Community may process your information provided in connection with those Services in accordance with this Privacy Policy. If you do not wish to have your information processed by The Wine Community, please cease use of our Services or otherwise contact us in accordance with this Privacy Policy.

Laws we are bound by The Wine Community is bound by the Privacy Act 1988, (Privacy Act) which sets out a number of principles concerning the privacy of individuals. It is very important to us that you trust The Wine Community to keep your information private and safe, without this trust we don’t have a business. Below is our Privacy Policy and other relevant information.

Information that we collect As a rule, The Wine Community only collects your Personal Information - that is, information or an opinion that relates to you as an identifiable or identified individual. The collection of Personal Information is regulated by the Privacy Act and we strictly handle your Personal Information in accordance with the Privacy Act. There are many aspects of the site which can be viewed without providing Personal Information, however, for access to certain Services, such as customer support, our mailing lists or delivery of products, we necessarily require you to submit Personal Information. This may typically include (but is not limited to) your: name; email; phone number; full residential or business address Automatically collected information addition to the above, whenever you interact with our Services, we automatically receive and record information on our server logs from your browser including your IP address and the page you requested. We may also receive information as your browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. Some of this automatically collected information may or may not be Personal Information, depending on whether it is personally identifiable in nature or not. We use this automatically collected information to personalise your use of the Services and improve your experience with our online Services. We collect the above information through the use of“cookies”. “Cookies” are identifiers we transfer to your computer through your browser that allow us to recognise your browser and provide this information. You may be able to change the preferences on your browser to prevent or limit your computer’s acceptance of cookies. When we collect usage information in this way (such as the numbers and frequency of visitors to our site), we only use this data in aggregate form, and not in a manner that would identify you personally. We never disclose aggregate information to a partner in a manner that would identify you personally.

How we use your information Your other Personal Information is in two main ways: to deliver our Services to you: for example, in delivering you with products, or providing you with personalise customer support; and communications: so that we can contact you in relation to offers, things we think might interest you, and for general administrative purposes. From time to time, we may use Personal Information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Information we do not collect We will not collect: Personal Information relating to minors; and Sensitive Information - such as your health data, political or religious views, sexual orientation or the like.

Changes to this Privacy Policy The Wine Community reserves the right to make amendments to this Privacy Policy at any time. Please check back from time to time to ensure that you are aware of these changes. Your continued use of our site will signify your acceptance of these changes. If you have objections to the Privacy Policy, you should not access or use our Services.

Rights to your Personal Information You have the following rights in relation to your Personal Information: Access and/or take your Personal Information: you can ask for a copy of your Personal Information and we are required to provide you with a copy. That notwithstanding, we may require you to comply with certain procedures before we allow access to or amendment of your Personal Information to ensure the integrity and security of information that we hold. Depending on the nature of your request, this may include verifying your identity to our satisfaction to ensure the integrity of your Personal Information. Delete, change and/or correct of your Personal Information - you may update, correct or ask us to erase or delete some, or all of your Personal Information at any time. We will update that Personal Information quickly but may retain backups for the purposes of archiving, fraud prevention, abuse or satisfaction of obligations, or where we otherwise reasonably believe we have a reason to do so. If you believe that you are unable to update, correct or delete any Personal Information you have provided to us in the manner described above, then please contact us. Object to, limit or restrict use of your Personal Information - at any time, you may object to the processing of your Personal Information, on legitimate grounds, except if otherwise permitted by applicable law. You may also make complaints to the relevant data protection authority. We may refuse to allow access or to amend your Personal Information if we are legally required or entitled to do so. Please be aware that if you ask us to delete or not process your Personal Information in a certain manner, we may not be able to provide the Services to you. We take reasonable steps to ensure that the Personal Information that we collect is accurate, up-to- date and complete and the Personal Information we use and disclose is accurate, up-to-date, complete and relevant. If we are satisfied that any Personal Information we hold about you is inaccurate, out-of- date, incomplete, irrelevant or misleading, we will amend our records accordingly.

Security We take appropriate measures to keep your personal information secure. We have implemented appropriate physical and electronic procedures to protect the Personal Information we collect. Due to its nature, transmission of information via the internet is not completely secure. Although we will protect your Personal Information in accordance with this policy, we cannot guarantee the security of any data transmitted to our websites and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security measures to try to prevent unauthorised access. If you feel this risk is unacceptable, you may choose not to use our Services and not provide us with your Personal Information. If our data storage is subject to a data breach, we will advise the relevant authorities and act according to law.

Contacting us The Wine Community welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, or would like to exercise any of your rights in relation to your Personal Information, please contact us by any of the following means during standard business hours Monday to Friday. Call: 1800 7437 684 Post: Attn: Privacy Officer The Wine Community 11A GREENHILLS AV, MOOREBANK, NSW 2170 E-mail: info@thewinecommunity.com

NOTE: This Policy is ONLY applicable on Subscription Products, and does not apply to any one off purchases of Starter Packs. Please accept the policy to proceed through checkout, but disregard.

• 1. When you purchase a subscription product you will receive repeat deliveries at your chosen frequency.
• 2. Your payment details will be stored securely, and you will be charged for each of these deliveries at the specified date(s) prior to dispatch
• 3. You can cancel your subscription at any time prior to your next payment due date through our web portal using your logins set up at the time of making your first purchase.
• 4. You can also cancel your subscription up to 72 hours prior to your next due date by emailing us at info@thewinecommunity.com, and provide your full name and phone number so we can identify your subscription/account
• 5. In the event of stock shortages of your preferred wines contained in your subscription, you will be contacted via phone or email with suggested alternatives
• 6. In the event a suitable alternative is not available, your subscription will be paused until stock returns, and you will be notified via email or phone when stock become available again before re-starting your subscription
• 7. The Wine Community reserves the right to cancel subscriptions at any time
• 8. Returns policy on subscription orders can be found in our returns policy for all purchases found on our website www.thewinecommunity.com.au
• 9. For any further information about subscriptions or any other concerns please call 1800 743 7684