These are the terms and conditions governing the use of Winerelique.com (Site) . By using the Site, you agree to the Terms and Conditions. 

 

Terms and Conditions 

•    Apply to all Users of the Site unless specified otherwise.

•    Published at the time of your use of the Site shall apply to you.

•    Zumedon Pty Ltd trading as Winerelique.com reserves all rights to alter these Terms and Conditions as set out below at its discretion. 

•    If you do not agree to the Terms and Conditions as set out below, please leave the Site now.

•    Zumedon Pty Ltd trading as Winerelique.com encourages the legal and responsible consumption of alcoholic beverages. 

•    It is the responsibility of all sellers to have the appropriate liquor licence and provide the details of the licence on their seller pages.

 

Introduction

 

Zumedon Pty Ltd (ABN 72 606 939 655) trading as Winerelique.com (also referred to as 'we' or 'our' or 'us' or 'Winerelique.com') is an Australian private company limited in liability by the value of its shares. We operate an online sales platform via the Site, allowing users to sell and buy liquor and liquor accessories (‘Products’).

 

Definitions

 

When we refer to 'us', or 'our' or 'we' or similar, we are referring to Winerelique.com Pty Ltd (ABN 72 606 939 655). When we refer to ‘ you' or 'your' or similar, we are referring to you as a User of this Site.

 

Other defined terms and their meanings are:

•    ‘Advertisement’ means an advertisement posted to the Site by Vendors with a view to sell a Product; 

•    ‘Australian Law' means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia; 

•    ‘Business Day' means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Australia. 

•    ‘Buyer’ means a person who browses the Site, being a potential buyer of a Product via the Site, and also a person who wishes to purchase, or has already purchased, Products from a Vendor; 

•    Catalogue’ means an electronic or printed document prepared by Winerelique.com listing Products for sale on the Site; 

•    ‘Charge Back' means a fee charged by us to a Retail Cellar where we have reimbursed or are required to reimburse a Buyer or a Buyer's financial institution for a financial loss on a disputed or fraudulent transaction occurring on the Site; 

•    ‘Commission’ means a percentage of the Cellar Price, currently being 8.5% (plus GST) or as otherwise agreed between Winerelique.com and the Cellar.

•    ‘Eligible Delivery Address’ means an address at which the delivery of Products is legally permitted in accordance with Australian Law and Liquor Licensing. 

•    ‘Intellectual Property Rights' means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to: (a) graphics programming codes, drawings, computer programs, website.

                (b) business names, company names, product names;

                (c) any right to have information kept confidential;

               (d) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;

                (e) phone numbers, email addresses, directory listings; and

                (f) All social media contact points.

 

•    ‘Licence' means the irrevocable, royalty-free, non-exclusive, worldwide, sub-licensable and perpetual licence to use any and all of the information provided by Cellars to us with such licence to be including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information;

•    ‘Loss' includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;

•    'Merchant fees' means a cost charged by a merchant (including but not limited to a bank) to a Retail Cellar when a buyer is paying with (including but not limited to) a credit card, charge card, debit card, etc. to cover the cost of accepting / processing a payment. This Merchant fee may be varied from time to time without notice.

•    'Preferred Payment Method' means:

                (a) For Vendors: credit card or direct debit

                (b) For Buyers:

                    credit card, direct debit, BPay, Alipay or

                (c) As otherwise permitted in writing by Winerelique.com at Winerelique.com’s sole discretion;

•    ‘Product’ means a product or products advertised by or sold by a Cellar on the Site; 

 

All Users Using this Site

 

•    Before using this Site, you must read and accept these Terms and Conditions and the Winerelique.com Privacy Policy. You agree that these Terms and Conditions and the Winerelique.com Privacy Policy will apply whenever you visit the Site.

•    By providing a website for the sale of Products, we facilitate the transactions between Buyers and Vendors. This includes assistance with customer service, Charge Backs, fulfilment, warranties, returns and Product defects etc. in accordance with all and any applicable Australian Law. This facilitation does not make us responsible for any obligations of the participants in these transactions.

 

Buyers Using the Site

 

•    To purchase any Product through the Site, a Buyer must also be at least 18 years of age, be located within Australia and specify an Eligible Delivery Address within Australia. By completing a purchase of a Product on the Site, the Buyer warrants to Winerelique.com that they are over the age of 18 years old and that they are not obtaining alcohol on behalf of a person under the age of 18 years or otherwise prohibited from purchasing alcohol. Purchase and payment via Purchase Order

•    A Buyer may make an offer to purchase a Product by placing a Purchase Order. Upon acceptance of a Purchase Order, the Buyer acknowledges that a binding contract will be formed.

•    Upon acceptance of a Buyer's Purchase Order, Winerelique.com will provide the Buyer with a tax invoice which will set out the price of the Products, including the Commission.

•    Winerelique.com will then process payment for the Product using the Buyer's Preferred Payment Method.

•    Upon receipt of payment, Winerelique.com will confirm that the Buyer’s Purchase Order has been successful via a notification to the Buyer

 

Purchase and Payment via Auction

 

•    We may from time to time hold Auctions for the sale of Products on our Site.

•    Members may make bids to purchase the Products at the Auction. A bid made by a Member is an offer to purchase the Product on the Terms and Condition that are applicable.

•    We reserve the right to refuse any bid from any Member.

•    We reserve the right to withdraw a Product from an Auction at any time.

•    A Cellar or their associate must not enter a bid for a Product with the effect of artificially inflating the winning bid for the Product being sold at Auction. We reserve the right to request evidence of the bona fides of the successful Buyer at an Auction.

 

 

Exchange & Returns Policy 

 

•    A Purchase Order creates a binding contract between the Buyer and the Cellar.

•    We do not offer a satisfaction guarantee on Products or refunds for change of mind.

•    For faulty Products, Vendors offer a fourteen (14) day replacement warranty from the date you receive your Product. If your Product can be replaced, the Cellar will replace it with the same or a similar Product. If a Product cannot be reasonably replaced, you will be offered the option of a replacement Product of the same value, or of being provided with a refund for the total value of the Product.

•    Any faulty Product must be returned by you to the Vendor from which it was purchased with evidence or notice of the fault, and proof of this purchase must also be presented. Replacements for genuinely faulty Products will be sent to you at no charge.

•    When returning a faulty Product to the Vendor, please make sure you also provide us the following details:

•    Your full name Your address Your order number The date of delivery of the Product The Cellar's details Details of the fault Reason why you are returning the Product Your instructions informing us how you would like the issue resolved Contact phone number The original order confirmation or invoice you received with your Product. 3.23 This warranty only applies to unused and undamaged Products return with original packaging.

•    This warranty only applies to items returned within fourteen (14) days of purchase and does not apply after that time.

 

Risk & liability

 

•    We accept advertisements from Vendors in good faith. Advertisements on the Site for Products are prepared by Vendors who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Products advertised and/or sold. 

•    All other information on the Site and Products listed or acquired through the Site are provided "as is" without warranty of any kind by us. 

•    We do not verify ownership of any Product advertised on the Site.

 

 

Vendors

 

•    This clause applies to all Vendors or persons who otherwise advertise a Product on the Site.

•    By placing an advertisement on the Site, all Vendors accept that they operate within the Terms and Conditions. It is a Vendor’s responsibility to ensure they comply with the Terms and Conditions.

•    You must have clear legal title and ability to sell Products you advertise on the Site in accordance with Australian law. All Vendor’s warrant to us that they have a have clear title to the Products that they list on the Site for sale.

•    All Vendor’s accept they must complete their own fraud verification process on all transactions occurring on the site and in store (i.e. click and collect orders), as a way of reducing fraudulent activities. Payment of sale proceeds to Cellars

•    Winerelique.com will deduct Commission from the Vendor Price of the Product sold and remit the balance of the Store Price to the Vendor within (7) days of the sale, subject to receiving payment for the Products in cleared funds from the Buyer.  These Payments are made every Friday based on successful tracking numbers entered for shipping the items.  All successfully entered tracking numbers will be paid on every Friday if they are entered by close of business Thursday.

 

Fees and payment

 

•    Fees and/or Commission for any service offered by us are subject to review and change 

•    Fees may differ for Vendors. 

•    By advertising and completing sales on the Site, you give us permission to accept full payment on your behalf from Buyers for sales of Products and deduct any Commission prior to us accounting to you for such sales. 

•    The Site is the property of Winerelique.com and is protected by Australian Law and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.

•    We do not claim any Intellectual Property Rights in the content of any Advertisement other than the content that is authorised and published by us. By using this Site, all Cellars grant Winerelique.com a Licence to use any and all of the information provided by such Cellars to Winerelique.com with such Licence to be irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information. Social media

•    We may use social media and the Site may provide links to a number of social media sites, We reserve the right to change, vary, increase, decrease or desist from its social media presence at any time at our sole discretion.

•    We may from time to time host our own social media function, including blogs, consumer reviews, but are not obliged to do so. We take no responsibility for all and any content on the Site except for such items which are specifically identified as being content produced by us.

 

Shipping and Delivery Policy

 

•    There are restrictions on the sale of alcohol in certain areas in Australia, which are determined by relevant State or Territory governments from time to time. It is the Vendor’s responsibility to ensure that delivery and consumption of a Product sold through the Site is permitted in the place to which that Product is to be delivered and consumed. We accept no responsibility for any Loss suffered by a Vendor in this regard.

 

 

Retail Vendors

 

•    To advertise Products as a Retail Cellar on Winerelique.com, you must be the licensee under a valid liquor licence enabling you to supply liquor when such liquor is ordered by internet.

•    As part of becoming a Member of our Site, you must provide Winerelique.com with a copy of your liquor licence. Winerelique.com will retain a copy of your liquor licence for our records however, we will not be liable for any breaches of any Australian Law, in particular, any liquor licensing laws or regulations in Victoria or any other Australian jurisdiction.

 

General

 

Promotion of good business practice

•    All advertisers on the Site must comply with all and any Australian Laws or regulations that apply to any transaction on the Site in which you are involved.

Currency

•    All transactions are processed in Australian dollars (AUD).

 

Winerelique.com is not a party to transactions between Users and Vendor’s on the Site

•    We are not a party to any contract between a Buyer and a Vendor on the Site, although we may have the exclusive right to advertise and facilitate the sale of Products for Vendor’s who do not have a liquor licence. To the extent permitted by Australian law, there is to be no deemed association between a number of separate contracts.

 

Each purchase a separate contract

•    Each Purchase Order constitutes a separate contract between the Buyer and the Vendor

 

GST

•    In these Terms and Conditions the expressions 'GST', 'Supply', 'Taxable Supply', and 'Tax Invoice' have the same meaning as in A New Tax System (Goods and Services Tax) Act 1999.

•    All Store Prices are GST inclusive.

•    GST registered Vendor’s must supply Winerelique.com with their ABN. 

•    Commission, freight and insurance will attract GST.

 

Governing law and jurisdiction

•    The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. Without limiting the application of any other applicable law, any restrictions or limitations contained in the Liquor Control Act 1958 (Vic) are deemed to apply to all sales effected through the Site.

 

 

Australian Consumer Law

•    To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.

•    To the extent permitted by Australian Law, we disclaim all warranties, representations, obligations and conditions, express or implied, with regard to any information, software or Products including but not limited to:

•    merchantable quality; durability and fitness for a particular purpose; legal title; non-infringement of Intellectual Property Rights; and unfair contractual terms. 7.15 To the extent permitted by Australian law, Winerelique.com or its suppliers are not liable for any Loss suffered by a Buyer or Cellar in respect of Products advertised on the Site.

 

 

Risk & Liability

•    Goods sold by Winerelique.com will be at the Vendor’s risk until delivered to the Buyer.

•    We give no warranties in relation to the authenticity of advertisers or Users of the Site. To the extent permitted by Australian Law, we give no warranty as to the Products purchased from Cellars on the Site.

•    Some information on the Site may be uploaded by Vendor’s from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. Content appearing on the Site does not imply our endorsement or liability in respect of such content.

•    Hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third party hyperlinks are provided as a reference solely for the convenience of Users. As a result we make no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third party website from the Site, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.

•    All reasonable care will be taken while compiling the Site's content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, Advertisements, software and Product descriptions may include inaccuracies.

•    We endeavour to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.

•    By reason of occasional technological difficulties, and to the extent permitted by Australian Law, we will not be liable for any compensatory, punitive or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release Winerelique.com, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.

•    Last Updated on April 2021 by Zumedon Pty Ltd