Website Terms and Conditions
1 About these Terms
  1. Thank you for visiting our website, www.terranuwines.co (website). These Terms and Conditions (Terms) apply to your use of our website, your purchase of our products and any communications between us and you in relation to an actual or proposed purchase or use of our products.
  2. By accessing and/or using this website and related services, you agree to be legally bound by these Terms. You must not use our website or purchase or use any of our services unless you are at least 18 years old and have the authority and legal capacity to enter into a legally binding agreement with us.
  3. You must review our Terms carefully and, if you do not agree to these Terms or do not meet the criteria at clause 1(b), immediately cease using our website and not order, pay for or otherwise be involved in the purchase of our product(s).
2Definitions and interpretation
2.1Definitions
In these Terms, unless the contrary intention appears:
  1. Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) and Competition and Consumer Regulation 2010 (Cth)
  2. Content has the meaning at clause 14.3(a).
  3. Losses means all liabilities, losses, damages, costs and expenses suffered or incurred by any person howsoever caused, whether arising in contract or tort (including negligence) or under any statute or under any other cause of action, and Loss has a corresponding meaning.
  4. us, we and our means Terranu Pty Ltd (ABN 68 639 777 432).
  5. you means the person using the website, ordering our product(s), paying for our product(s) and/or receiving a delivery of our product(s) as the context permits.
2.2Definitions
In these Terms, unless the contrary intention appears:
  1. the singular includes the plural and vice versa, and a gender includes other genders;
  2. another grammatical form of a defined word or expression has a corresponding meaning;
  3. a reference to a clause is a reference to a clause in the Terms, as amended from time to time in accordance with the Terms;
  4. a reference to time is to time in Sydney, Australia;
  5. a reference to a party is to a party to the Terms – i.e. you or us – and includes the party's executors, administrators, successors and permitted assigns and substitutes;
  6. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
  7. the meaning of general words is not limited by specific examples introduced by 'including', 'for example' or similar expressions;
  8. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of the Terms or any part of it; and
  9. headings are for ease of reference only and do not affect interpretation.
2.3Restricted use
  1. Under Australian law it is illegal to sell or supply alcohol to, or obtain alcohol on behalf of, a person under the age of 18 years of age.
  2. By:
    1. accessing this website;
    2. using this website;
    3. placing, or receiving, an order for our products – whether the order was placed using our website or otherwise,
you represent that you are at least 18 years old and possess the legal right and ability to enter into a legally binding agreement with us and we hereby rely on that representation. This is an essential pre-condition of you engaging in any of the activities described in this clause. If you are not 18 years old or cannot otherwise enter into a legally binding agreement with us, you must immediately cease using this website and not perform any of the activities described in this clause in relation to the website and our products.
3Account registration
  1. You may register an account in the course of ordering products from us via the website (Account). You may also complete your purchase as a guest, in which case you do not need to register an account in the course of ordering products.
  2. You must not register an Account unless you meet the requirements at clause 2.3(b).
  3. If you register an Account:
    1. it is your responsibility to keep the details of your Account (such as username and password) confidential;
    2. it is your responsibility to keep the details of your Account (including delivery and payment information) complete, accurate and up to date – see clause 4.3(b);
    3. you agree that you are liable for all activity on your Account, including any purchases made using your account details on the website; and
    4. you agree that we may immediately suspend, terminate or limit your access to your Account without further notice to you if you breach these Terms.
    4Orders
    4.1Where we deliver
    1. We deliver to all locations in all States and Territories in Australia, subject to us holding a valid and current liquor licence at the time you place your order.
    2. We do not deliver to overseas locations but may accept orders from purchasers located overseas on a case by case basis, subject to the purchaser arranging their own overseas shipping. Additional terms may apply. If you are using this website from outside Australia and/or wish to place an order for delivery outside Australia, please submit your request to sales@terranuwines.co
    4.2How to order
    1. You can place an order for our products using the online order portal on our website, or any other method specified on our website from time to time.
    2. The minimum amount for any order is one bottle.
    3. It is your responsibility to check order details, including selected products and pricing, before completing your purchase.
    4.3Your responsibilities as to order
    1. You must provide all information and other assistance we reasonable require to perform our obligations under these Terms, promptly upon our request.
    2. You must:
      1. ensure that all information that you provide us (including Account, delivery and payment information) is accurate, complete and not misleading; and
      2. promptly inform us to the extent that you become aware that any information provided to us is inaccurate, incomplete or misleading.
    3. You acknowledge and agree that we will act in reliance on any information that you provide us.
    4. To the maximum extent permitted by law, we exclude any and all liability to you for all Losses incurred by you relating to any breach of the Terms by us to the extent it was caused by your failure to comply with this clause.
    5Availability
    1. All purchases made through our website are subject to product availability.
    2. While we make all reasonable endeavours to ensure that products are only advertised for sale if they are available for sale, there may be circumstances where you order a product that is out of stock or otherwise unavailable for sale. In these circumstances, we will notify you of the cancellation of that component of your order and refund you the purchase price of that unavailable product. If you have ordered other products, those products will be shipped to you in accordance with these terms.
    3. You acknowledge and agree that the unavailability of one product in your order is not grounds to cancel your order of the other products in your order subject to those other products being available – see clause 6.
    6Cancellation
    1. Please take care to ensure that all details of your order are correct before completing your purchase. You are not entitled to cancel your order for any reason after it is placed.
    2. We reserve the right to cancel any order (or any portion of that order) for any reason prior to dispatch your order. In the event that we cancel your order, we will notify you of the cancellation and provide a full refund of the amount paid to the bank account or credit card that was originally used to make the purchase.
    7Purchases
    1. By purchasing a product via our website, you agree to pay the advertised price and any additional fees including transaction fees listed when you place your order, using your elected form of payment. You also warrant that:
      1. you are authorised to use the credit card (including Visa, MasterCard or American Express), merchant account, valid gift cards, Terranu Wines vouchers and points, or other account (including Square, Stripe, PayPal, ZipPay or AfterPay) that you use to make this payment; and
      2. you will keep all billing information current at all times.
    2. All advertised prices are stated in Australian dollars and are inclusive of GST and shipping costs (standard delivery) to any location in Australia.
    3. All payments are managed and processed by a third-party merchant. We do not collect or use any of your credit card or other personal payment information.
    4. All payments are secured via the eWAY or PayPal online payment gateways.
    5. If you believe there has been a mistake or unauthorised transaction on your account in relation to our website, you can notify us in writing and we will take steps to investigate the matter.
    8Delivery
    8.1Process
    1. Subject to these Terms, we will arrange delivery for your order after your payment is received in full and cleared funds to the address that you nominated as your delivery address when you completed your purchase. Please take care to ensure that your nominated delivery address is correct when completing your purchase as we may not be able to process a change in the delivery address after you complete your purchase.
    2. Our products are delivered in secure, padded packaging and breakages are rare. If the courier discovers a breakage, they will not deliver the product and return it directly to us. If this happens to your order, we will notify you and arrange another delivery to your nominated delivery address at our cost.
    8.2Timeframes
    1. We use Australia Post Wine Delivery and Fastway for all domestic deliveries including all Australian street or post office box addresses. Our couriers will provide estimated delivery dates and updates to your nominated email address by reference to your order.
    2. We endeavour to deliver your order in the shortest time possible, but the actual delivery timeframe for your order will depend on a range of factors including matters outside of our control. That said, the following are estimated delivery time frames provided for your reference:
      1. Delivery to Australian capital cities and surrounding suburbs (excluding Tasmania and the Northern Territory) – between 3 to 10 business days.
      2. Other Australian locations – up to 14 days.
    8.3Redirection
    1. We do not leave deliveries unattended at a nominated delivery address in any circumstance. A person must be available at your nominated delivery address at the time the courier arrives, to accept delivery and provide their signature for delivery to the courier.
    2. If no one is available to accept delivery of your order, our courier will provide a notification card and the products will be securely stored at your local post office or collection point for collection.
    3. It is your responsibility to collect your delivery from your local post office or collection point within the holding period. If you do not collect your delivery during the holding period it may be returned to us and you will be responsible for paying any additional delivery costs associated with redirecting the delivery back to your nominated delivery address (in advance, before the delivery is redirected).
    8.4Refusal
    1. We reserve the right to not deliver your order in circumstances where we have determined that it would be unsuitable to do so, including in circumstances where we have determined that:
      1. one or more of the restrictions specified in clause 8.6 applies;
      2. the delivery would put the courier at risk;
      3. the person who placed the order is under the age of 18;
      4. the person who is seeking to accept the delivery is under the age of 18; or
      5. the person who is seeking to accept the delivery is aggressive, abusive or appears to be under the influence of drugs or alcohol.
    2. Our courier may request a verification check (such as proof of age or identity) at the time of delivery including to identify whether a restriction applies – see clause 8.6. Our courier reserves the right to not deliver your order if any requests for verification are not met.
    3. If your order is undeliverable pursuant to this clause, we at our sole discretion either:
      1. offer to re-deliver the delivery, which may be offered for an additional fee and subject to any other conditions that we consider appropriate; or
      2. cancel your order and refund your payment.
    8.5Delays
    We will use reasonable endeavours to anticipate and manage delays in the delivery of your order. However, delays may occur for reasons outside of our reasonable control.
    8.6Restrictions
    There are certain restrictions with respect to the delivery of alcohol products in each State and Territory of Australia that we are obliged to comply with. The following restrictions on delivery are in accordance with local laws. If a delivery would result in a breach of these restrictions we may be unable to complete delivery.
    1. South Australia
      1. For all deliveries to South Australia, we will only deliver to:
        1. the original purchaser identified in the order; or
        2. a person nominated by the purchaser who is over 18 years of age.
      2. The person accepting delivery under this clause must, as a condition to delivery:
        1. sign a declaration as to their age; and
        2. provide a verification check at the request of our courier in accordance with clause 8.4(b).
    2. Tasmania
      1. For all deliveries to Tasmania, we will only deliver to:
        1. the original purchaser identified in the order; or
        2. an person who is over 18 years of age located at the nominated address who undertakes to accept the delivery on your behalf.
      2. The person accepting delivery must provide a verification check at the request of our courier in accordance with clause 8.4(b).
    3. Western Australia & Northern Territory
      1. Due to local liquor laws and restrictions, there are certain areas within Western Australia and the Northern Territory where the delivery alcohol products are not permitted (Prohibited Area).
      2. If the nominated address for your order is located within a Prohibited Area, we will not be permitted to deliver the products to you at this address.
    8.7Risk
    You agree that all risk of damage, loss, theft or deterioration to the products passes to you upon delivery of your order.
    9Warranties
    1. To the maximum extent permitted by law, we make no warranties or representations about:
      1. the products; or
      2. this website, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
    2. Nothing in the Terms purports to modify or exclude the conditions, warranties, and other legal rights under the Australian Consumer Law.
    10Exchanges and refunds
    1. We will refund your purchase of a product in the event that:
      1. the product is faulty or damaged;
      2. we are required to at law; or
      3. you are otherwise unsatisfied with that product (Satisfaction Policy).
    2. If you have received a product that is faulty or damaged please let us know within 14 days of delivery using the contact details at clause 16. We will then investigate the issue in consultation with you. We may request that you provide us with reasonable assistance such as providing us with photographs and returning the product to us for proper evaluation. If we determine that the product is faulty or damaged you can then request either:
      1. an exchange – in which case we will send you another bottle of the product; or
      2. a full refund of your order,
      and we will also compensate you for any reasonable costs you incurred at our request to assist in our investigation such as the cost of returning the product(s) to us.
    3. If you wish to request an exchange or refund pursuant to our Satisfaction Policy please let us know within 14 days of delivery using the contact details at clause 16. You can then request either:
      1. an exchange the product for another product that has an advertised retail price up to the full value of the original purchase price; or
      2. a full refund of your order of that product.
    4. You may try up to 1 bottle of the product and request an exchange or refund pursuant to our Satisfaction Policy. Requests made after more than 1 bottle is consumed will not be accepted.
    5. Our returns policy is offered in good faith and we request that it only be used in genuine cases where you have been unsatisfied with your purchase. We reserve the right to refuse a request for a refund or return if we determine (at our sole discretion) that you are abusing our Satisfaction Policy.
    11Exclusion of implied terms
    Except to the extent that it would contravene any law or cause this clause to be void or unenforceable, each party excludes all terms implied into the Terms in fact, at law or on any other basis.
    12Liability
    1. To the maximum extent permitted by law (including the Australian Consumer Law) we will not be liable for:
      1. any Loss incurred by you or any third party in relation to use of the website or the order, delivery and/or use of our products;
      2. (except to the extent that the Loss has been caused or contributed to by negligence by us) any Loss incurred by you or any third party due to the acts or omissions of any person who is not our direct employee (including couriers); or
      3. a breach of these Terms to the extent the breach is caused by an event or circumstance that was beyond our reasonable control; and
      by using this website or placing an order for our product(s), you agree to irrevocably release us from any such claims.
    2. For the avoidance of doubt and without limiting these Terms, we specifically exclude all liability to you or anyone else for any Loss caused by interference with or damage to your computer systems in connection with the use of this website, or a linked website or website. You must take your own precautions to ensure that your device remains free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your devices.
    13Promotions and competitions
    For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you will be required to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
    14Our website
    14.1Accuracy, completeness and timeliness of information
    1. The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
    2. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated and we are not liable to you or anyone else if errors occur in the information on the website or if that information is inaccurate, not up-to-date, or incomplete.
    14.2Linked sites
    Our website may contain links to websites and/or websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for or have any control over or rights in the content on those linked websites and/or website and have no control over or rights in those linked websites.
    14.3Intellectual property rights
    1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
    2. Your use of this website does not grant or transfer any rights, title or interest to you in relation to this website or the Content. We only grant you permission to access the website and view the Content on these Terms. All other use, reproduction or redistribution of the whole or any part of this website and any Content is prohibited to the maximum extent permitted by law and may result in you incurring civil and criminal penalties.
    14.4No commercial use
    1. This website is for your personal, non-commercial use only. You must not use this website to further any commercial purpose in any circumstance.
    2. For the avoidance of doubt and without limiting any of the Terms, you must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website.
    14.5Use
    1. By using this website, you warrant and represent that you will not:
      1. provide your log-on credentials to your Account to any third party;
      2. use this website in a way that breaches the Terms, any laws or infringes any rights of third parties;
      3. interfere with anyone else’s use of this website, including sending spam; and
      4. copy, scrape or reproduce content from this website including information about third parties without their consent.
    2. In consideration of the circumstances, and where we think it is reasonable to do so, we may suspend or terminate your access to this website and reserve the right to take any appropriate steps at law to protect our interests or those of third parties.
    14.6Unacceptable activity
    1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
      1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
      2. using this website to defame or libel us, our employees or other individuals;
      3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
      4. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
    2. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
    14.7Access
    We reserve the right to restrict, suspend or terminate without notice your access to any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
    15Jurisdiction and governing law
    Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
    16Contact Us – Requests and Feedback
    We welcome any feedback our customers have regarding this website and how we can improve your user experience. In the event of any bug or software issues, general feedback, requests and/or complaints, please contact us using the following contact details

    Email: compliance@terranuwines.co

    Phone: 02 8277 4222

    Post: 2 Park Street, Sydney NSW 2000

    Effective date: 12 May 2020