TERMS AND CONDITIONS
- About Red Hill Wine Collective
1.1 Red Hill Wine Collective is operated by AFG Wines Pty Ltd, 1/1012 Mornington-Flinders Rd Red Hill 3937 VIC, ABN 71640542409, VIC Licence No. 32067503, NSW Licence No. LIQP770010298.
1.2 Red Hill Wine Collective is a liquor retailer where you can order products from www.RHWineCollective.com.au (“Website”) or by calling our store on 0491 712 844 or by joining a Wine Pack (“Wine Pack”).
- Acceptance of Terms & Conditions
2.2 We reserve the right to amend these terms and conditions at anytime without notice. This could mean that the terms and conditions applicable to future orders are different and as a result we recommend you read these each time you order.
2.3 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 notwithstanding any subsequent amendment which we may make.
- Responsible Service of Alcohol
3.1 We take our responsible service of alcohol obligations seriously. To order from Red Hill Wine Collective you must be 18 years of age or over. If buying wine as a gift, the recipient must also be at least 18 years of age. We reserve the right to refuse delivery if you or the recipient are unable to produce a valid form of identification.
3.2 By placing an order with us you:
a. confirm that you are at least 18 years of age;
b. acknowledge that it is against the law to sell or supply alcohol to, or obtain alcohol on behalf of, a person under the age of 18 years; and
c. warrant that you are not obtaining alcohol on behalf of a person under the age of 18 years.
- Your Order
4.1 Risk and title
4.1.1 Risk and title in the goods the subject of your order passes to you on delivery of the goods to the delivery address specified in your order, or at Pick up from our store.
4.2 Fees and charges
4.2.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
a. the purchase price of each product that is ordered;
b. the delivery fee provided to you at the time you placed your order (“Delivery Fee”);
c. any other fees and charges set out in these terms and conditions; and
d. any outstanding amount that you owe us from previous purchases
4.2.2 All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable.
4.2.3 You acknowledge that we are not required or obliged to match any prices for any products, including matching any prices for a product that is available through an alternative offer.
4.2.4 Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.
4.2.5 If a product that you have ordered is not available and we have not provided you with a substitute then we will provide you with a refund equal to the purchase price of each product which is ordered and not available within 3-5 business days to your card of purchase.
4.3 Payment Methods
4.3.1 You must pay the fees and charges owed using one of the following payment methods:
• American Express;
• Visa; or
• Red Hill Wine Collective Gift Card
4.3.2 If we are unable to successfully process your credit card or gift card payment for your order in a reasonable time, then we may notify you and may cancel your order.
4.3.3 You authorise Red Hill Wine Collective to debit the amount that is payable for an accepted Order from your nominated credit card or gift card to pay for the fees and charges.
4.3.4 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
4.3.5 Where you have an Account Credit with us we will debit this from your order total before any other payment means is accepted.
4.4 Acceptance or Rejection of an Order
4.4.1 We reserve the right to accept or reject your order, in full or in part, for any reason, including if the requested product is not available, if there is an error in the price or the product description posted on the Website or in any marketing material, if there is an error with a voucher or promotional (Promo) code redeemed with your order, or any other error or breach of our terms and conditions associated with your order. We may also restrict your order and limit the sales to reasonable quantities as determined in our sole discretion.
4.4.2 We have no obligation to sell or supply any goods until the order is received and accepted by us at our Licensed Premises.
4.4.3 If we reject an order placed through us then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
4.5 Changes and Cancellations
4.5.1 You may not change or cancel your order once placed. If you need help with your order please contact us on 0491 712 844.
4.5.2 We may cancel any order or part of an order (including any orders that we have accepted or for which we have issued a tax invoice) without any liability to you for that cancellation at any time if:
a. the requested products in that order are not available;
b. there is an error in the price or the product description posted on the Website or in any marketing material in relation to the relevant product in that order ;
c. there is an error with a voucher or promotional code redeemed with your order;
d. we suspect there has been, or will be, a breach of these terms and conditions or there has been any fraud or misconduct;
e. that order has been placed in breach of an offers terms and conditions ; or
f. usage of a voucher or promotional code with that order has been placed in breach of the associated terms and conditions
4.5.3 If we cancel an order placed through us then we will endeavour to notify you of that cancellation within a reasonable time after you submit your order.
4.5.4 We have processes in place to assist in detecting transactions that may be fraudulent or in breach of our terms and conditions. We may contact you by telephone or email to confirm your payment or order details and to request that you provide valid identification. If we are unable to confirm these details, we may cancel your order without notification.
4.5.5 If any payment has been taken for the cancelled order, then the full payment amount, less any outstanding amount that you owe us from previous purchases, will be refunded to your original payment method.
4.6 Minimum and Maximum Amounts in each Order
4.6.1 Unless otherwise indicated:
a. you may only obtain up to 20 items of a particular product in each order (there may be lower limits for particular products. We will inform you of these limits when you place the order or within a reasonable time after you submit your order); and
b. the minimum purchase quantity on the website is 1 case unless otherwise indicated. To purchase a single bottle at full price (plus delivery) please contact us on 0491 712 844
during opening hours.
4.6.2 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the order or within a reasonable time after you submit your order, and we may cancel your order or limit the quantity of your order at our sole discretion.
4.6.3 If you wish to place an order that differs from our ordering requirements you will need to contact us on 0491 712 844 during opening hours. If we agree to an order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders.
4.6.4 If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such orders may be cancelled by us without notice to you.
4.7 Unavailable Product
4.7.1 You acknowledge that a product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that product.
4.7.2 Where a product is unavailable we may choose at our discretion to substitute it for a product of similar quality or cancel the order.
4.8.1 Subject to clause 4.1.1, In the event of breakage, Red Hill Wine Collective will, at our discretion, issue an Account Credit or send replacement items if you notify us within 7 days of delivery or 30 days of purchase (whichever is sooner).
4.8.2 To notify us you must contact us on on 0491 712 844
during opening hours.
4.9 Returns & Refunds
4.9.1 To organise a return or refund you must contact us on 0491 712 844 during opening hours.
4.9.2 Under no circumstances can a purchase from Red Hill Wine Collective be returned to any other location.
4.9.3 You must be able to provide proof of purchase before any return is considered and products must be in their original condition and packaging.
4.9.4 Where we agree to a return, we will collect the product from you at a mutually agreeable time. Pending collection, you are liable to keep the product in a safe and proper manner and take reasonable care of it. Products should be returned in the original box and packed to avoid breakage in transit back to Red Hill Wine Collective.
4.9.5 Any refunds will be affected within 30 days after we were notified and agreed to a return and conditional upon any returned products being collected in original saleable condition. Delivery Fee charge will not be refunded unless we are at fault.
4.9.6 Our Returns Policy includes the rights you have under Australian Consumer Law.
4.9.7 Please note that all Gift Cards (including Red Hill Wine Collective Gift Cards) cannot be returned if you have changed your mind.
4.10 Money Back Guarantee
4.10.1 If you’re not satisfied with a wine for any reason, simply contact us within 30 days of purchase contact us on 0491 712 844
during opening hours and we’ll credit your Red Hill Wine Collective Account (Account Credit) or card and where necessary, arrange to pick up any remaining bottles.
4.10.2 The following limitations apply:
a. we will only credit the first two bottles of any given case
b. the original delivery charge will not be credited
c. wines worth more than $100 a bottle will be credited at our discretion
4.10.3 A fair-play policy applies. We reserve the right to not honour the guarantee for anyone deemed to be unreasonably or excessively claiming against it.
5.1 Delivery Charges
5.1.1 A delivery charge applies to each case and varies by postcode. As an introductory offer, delivery for Pick up is free.
5.1.2 For orders over $300 (after voucher or promo discounts have been applied), no delivery fee will be charged.
5.2.1 We will endeavour to deliver your order within the following timeframes. However, Red Hill Wine Collective does not guarantee any specific delivery date.
Estimated delivery times:
Sydney, Melbourne and Adelaide: Up to 7 business days
Brisbane and Perth: Up to 10 business days
Regional/Country – NSW, VIC, SA, QLD, WA: Up to 15 business days
ACT, NT, TAS: Up to 15 business days
5.3 Pick up
22.214.171.124 All products on RHWineCollective.com.au are available for Pick up unless otherwise specified.
126.96.36.199.1 If we have your email and/or mobile phone number on file you will receive an email and/or text message when your order is ready for collection.
188.8.131.52 Picking Up Your Order
184.108.40.206.1 Only the person nominated by you at the time of order may collect. This person must bring a valid form of identification and be over 18 years to collect your order.
220.127.116.11.2 We will not allow collection if this person is unable to meet the above criteria or is intoxicated.
18.104.22.168.3 You and your nominated collection person acknowledge that we may record the details of any identification provided in relation to collection of your order.
22.214.171.124 Non Collection
126.96.36.199.1 You must collect your order within 7 days of being notified that it is ready for collection. Orders not collected after this time may be returned and re-delivered at your expense.
188.8.131.52.2 If you need help with your order please contact us on 0491 712 844.
5.4 Home Delivery
184.108.40.206 Home Delivery is available to selected Australian postcodes. We are unable to deliver to Post Office boxes, parcel lockers, designated dry zones, some remote and regional communities or islands. Most orders will be delivered to your door, however in some regions delivery may be made to your local agent.
220.127.116.11 We reserve the right to change participating postcodes at anytime without notice.
18.104.22.168 All products on RHWineCollective.com.au are available for Home Delivery unless otherwise specified.
5.4.2 Attended Delivery
22.214.171.124 When we or our nominated couriers or agents attempt to deliver your order we reserve the right to request valid identification as the person accepting your order must be over 18 years to receive your order.
126.96.36.199 We will not allow completion of delivery if this person is unable to meet the above criteria or is intoxicated.
5.4.3 Call to Arrange
188.8.131.52 If you have requested ‘Call to Arrange’ our nominated courier or agent will leave a calling card if there is no-one home to receive your delivery. Simply contact the courier or agent on the phone number provided on the card to arrange a delivery time.
5.4.4 Unattended Delivery
184.108.40.206 If you will not be home to accept delivery you may choose a safe place for us or our nominated courier or agent leave your order. If you do this, you warrant to us that the goods are only for use and consumption by people over the age of 18 and that you have measures in place to ensure no one under the age of 18 can access the product.
220.127.116.11 Your nominated place can be anywhere on your property, as long as we can gain access and we, or our nominated couriers or agents, deem it is safe to do so.
18.104.22.168 It is your responsibility to ensure we have up-to-date details of your delivery instructions each time you order.
22.214.171.124 If we have your mobile phone number on file you will receive a text message when your order has been delivered. If you need help with your order please contact us on 0491 712 844.
5.4.5 Delivery to South Australia
126.96.36.199 If you are ordering products for delivery to South Australia, you agree that: (a) on delivery, the person accepting delivery will be required to (i) sign a declaration confirming their name and that they are over 18 years of age, and (ii) if the recipient looks under 25 (at our discretion), provide proof of ID (including photographic identification and date of birth) and the name and date of birth of the recipient will be recorded; and (b) we are instructed to deliver the product to a person at the delivery address provided they meet the requirements of clause 5.4.2. Information collected and recorded under this clause will be held for a minimum of 12 months. These are requirements of South Australia’s Liquor Licensing Legislation and will apply from 1 July 2019, and if the person accepting delivery is unable to comply, we will not be able to complete the delivery. This does not apply to Unattended Deliveries where you have specifically instructed us to leave your order at the delivery address.
6.1.1 All promotions are governed by the advertised terms and conditions accompanying each offer as well as these terms and conditions. If you cannot locate these or are unsure of an offers terms and conditions please contact us on 0491 712 844.
6.1.2 We reserve the right to vary an offer or terminate a promotion at anytime without notice.
6.2 Free Delivery Offers
6.2.1 From time to time we may offer free delivery on selected products or purchase quantities. All such offers are governed by the advertised terms and conditions accompanying each offer.
6.3 Vouchers and Promotional Codes
6.3.1 Vouchers and Promotional (Promo) Codes are governed by the terms and conditions accompanying the specific voucher or promo code offer. Unless specified to the contrary all gift vouchers and promo codes are assumed to have the following minimum conditions:
a. only available for redemption at Rhwinecollective.com.au on selected wine products greater than six bottles and with a minimum order value of $120 in a single transaction, unless otherwise stated
b. expires at midnight on the date of issue, unless cancelled or redeemed earlier
c. not transferable or redeemable for cash and cannot be used in conjunction with any other offer, voucher or promo code
d. vouchers are valid for a single use only. Promo codes may only be redeemed once per household and credit card.
6.3.2 We reserve the right to cancel a voucher or promo code or alter its terms and conditions at any time without notice.
6.3.3 We reserve the right to cancel any orders made outside these terms and conditions, even after we have accepted payment.
6.4.1 Savings are calculated on the per-case discount price compared to the single bottle price. All wine cases contain 12 bottles unless otherwise specified.
6.4.2 To purchase a single bottle at full price (plus delivery) please contact us on 0491 712 844.
- Wine Packs
7.1 Getting Started
7.1.1 As part of your Wine Pack, we will regularly send you a case of selected wines in line with the Wine Pack you have subscribed to. To refresh your memory, feel free to call us on 0491 712 844
and we can discuss with you the details of your Wine Pack.
7.2 Delivering Your Wine Pack
7.2.1 We will notify you of specific case details and when you can expect your credit card to be charged prior to each delivery.
7.2.2 Your case will be delivered to the address we have on record for you and it’s your responsibility to ensure that the contact details we hold on record for you (address and email address) are up-to-date.
7.3 Altering or Cancelling
7.3.1 You may skip any scheduled delivery or cancel your Wine Pack at any time by calling us on 0491 712 844.
7.3.2 If we don’t hear from you by the date stated in your notification, we will dispatch a case to you and charge your credit card as agreed. If you have received a case and do not wish to retain it, please let us know and we will happily accept your return and provide you with a full refund.
7.3.3 We may make changes to your Wine Pack from time-to-time. If these affect you we will notify you in advance.
7.4 Wine Pack Pricing
7.4.1 We are confident of the value of our Wine Pack. However, if you should see the exact same selection of wines supplied to you in your Wine Pack case shipment at a better price (excluding shipping costs) within a week of receiving the specific shipment and provide appropriate evidence of this to us, we will credit the difference to your account. Warehouse sales, discounted prices applied to multi-case purchases and gift vouchers and promotional discounting are excluded. For the sake of clarity, the guarantee will also only apply where the exact same mix and number of bottles of wine is sold at a lower price.
- Intellectual Property Rights
a. acknowledge that the copyright in the Website, the software, design, text, graphics, iconography, images and logos comprised on the Website, the selection and layout of the Website and the content and materials on the Website (together, the “Materials”) are owned by or licensed to us;
b. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
c. must not frame or embed in another Website any of the material appearing on this Website without our prior written consent.
9.2 You may:
a. store a reproduction of the content on this Website on your local computer for the sole purpose of viewing the content and Materials; and
b. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
9.3 This Website contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Website or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Website that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
- Your General Obligations
a. must ensure that your Login email address, password, customer number or other personal details used to access the Website or Account are kept in a safe and secure manner;
b. must notify us by contacting us on 0491 712 844 if you are or become aware that there is or has been an unauthorised use of your Login email address, password, customer number or other personal details to access the Website or your Account, or any other security breach relating to your Account;
c. must promptly advise us of any changes to your information provided to us as part of the customer registration process;
d. must provide us with your date of birth to place an order;
e. are responsible and liable for any person that uses your Login email address, password, customer number or other personal details to order products;
f. agree that we may charge you for all products that we agree to supply to you that have been ordered using your Login email address, password, customer number or other personal details; and
g. should check the labels on the products before consumption or use.
10.2 You must not:
a. use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
b. use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Website;
c. make fraudulent or speculative enquiries, purchases or requests through the Website;
d. use another person’s details without their permission or impersonate another person when using the Website;
e. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
f. tamper with or hinder the operation of the Website;
g. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
h. use any robot, spider, website search and retrieval application or other mechanism to retrieve or index any portion of the Website;
i. modify, adapt, translate or reverse engineer any portion of the Website;
j. remove any copyright, trademark or other proprietary rights notices contained in or on the Website;
k. reformat or frame any portion of the web pages that are part of the Website;
l. create Accounts by automated means or under false or fraudulent pretences;
m. use the Website to violate the security of any computer or other network or engage in illegal conduct;
n. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
o. use the Website other than in accordance with these terms and conditions; or
p. attempt any of the above acts or engage or permit another person to do any of the above acts.
- Suspension of account
11.1 We reserve the right to refuse service, terminate Accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Website or placed an order in a fraudulent or improper manner. Red Hill Wine Collective also reserves the right to otherwise reject or cancel orders in accordance with clause 4.
11.2 If we lock, suspend or delete your Account under clause 11.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated Account once we have conducted all our verification and other relevant checks.
12.1 You warrant that:
a. all information and data provided by you to us through the Website or Retail Store (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
b. the person receiving the products at the delivery address or collecting the products on your behalf is authorised by you to do so and is at least 18 years of age; and
c. you have and will comply with all relevant laws relating to your use of the Website and your placement of any order to us.
13.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
13.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Red Hill Wine Collective liabilities under those provisions:
a. you acknowledge that our Website is provided “as is” and that we do not make any warranty or representation as to the suitability of the Website or a Product for any purpose;
b. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Website or the subject matter of this agreement; and
c. we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
13.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
14.1 We may immediately suspend, terminate or limit your access to and use of the Website and/or your Account if:
a. you breach these terms and conditions and we are of the view that:
i. the breach cannot be remedied; or
i. you fail to remedy the breach within 10 days of our notice to you of that breach; or
b. required by law; or
c. if there is an event or circumstances outside of our control which causes us to be unable to comply with all or a material part of our obligations, or results in us being unable to enforce our rights, under these terms and conditions
14.2 You may stop using the Website at any time and for any reason.
14.3 We may stop making the Website (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
- Northern Territory Minimum Unit Price Legislation
15.1 If you are a Northern Territory resident or ordering this for delivery to the Northern Territory the listing of a product on our site does not constitute an offer to sell that product to you.
15.2 Prior to any offer or acceptance, additional price checks will be completed and the price of the product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation. This may change the final price calculation for your order.