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Terms of Use

Terms and Conditions of italianwinesociety.com.au

These Terms govern

  • the use of this Website and
  • any other related Agreement or legal relationship with the Italian Wine Society

in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Any other contract or agreement entered into between the Italian Wine Society, and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

This Website is provided by:

Italian Wine Society, PO Box 138 Pyrmont 2009 NSW

Contact email: info@italianwinesociety.com.au

What the User should know at a glance

  • Please note that some provisions in these Terms may only apply to specific Users. In particular, certain conditions may only apply to Users who qualify as Consumers or those Users who qualify as Members. 
  • The right of withdrawal on this Website applies to all Users. The right of withdrawal is consistently referred to as “the right of withdrawal” within this document.
  • These Terms contain an arbitration clause that applies to Users depending on the circumstances. It affects how disputes with the Italian Wine Society are resolved. Users are advised to read it carefully.
  • Usage of this Website and the Service are age-restricted: to access and use this Website and its Service, the User must be an adult under applicable law.
  • This Website uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

How this Website works

Italian Wine Society does not control, monitor, moderate, or inspect Buyers using this Website. Therefore, the Italian Wine Society does not bear any responsibility in connection with such Buyers’ activity on this Website, including but not limited to their legal capacity or ability to complete a transaction and pay the associated costs.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and, in such cases, are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers, Members or Business Partners;
  • Users must be recognised as an adult by applicable law;

Account Registration

To use the Service, Users may register or create a User account, providing all required data or information in a complete and truthful manner.

Users may also use the Service without registering or creating a User account. However, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Italian Wine Society team via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials or personal data, has been violated, unduly disclosed or stolen.

Conditions for Account Registration

Registration of User accounts on this Website is subject to the conditions outlined below. Unless otherwise specified, each User must register only one account.

  • A Consumer Subscriber has access to sporadic shopping and receives direct communication regarding promotions, events and new Website features.
  • A Member Subscriber registered directly through this website, or one of the Italian Wine Society’s partners’ promotional programs, will receive the goods and benefits described in their specific membership plan once the payment prerequisites described under the payment section of this term have been met. In addition, this User will be eligible to purchase additional products and services described on this Website and receive direct communication regarding promotions, events and new Website features.
  • A Wine Club Subscriber registered directly through this website, or one of the Italian Wine Society’s partners’ promotional programs, will receive the goods and benefits described in their specific Wine Club plan once the payment prerequisites described under the payment section of this term have been met. In addition, this User will be eligible to purchase additional products and services described on this Website and receive direct communication regarding promotions, events and new Website features.

Account Termination

Users can terminate their account and stop using the Service at any time by directly contacting the Italian Wine Society’s team through the contact details provided in this document.

Account Suspension and Deletion

Italian Wine Society reserves the right, at its sole discretion, to suspend or delete, at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Website

Unless where otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Italian Wine Society or its licensors.

Italian Wine Society undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights Regarding Content on this Website – All rights reserved

Italian Wine Society holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Italian Wine Society are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Users agree to hold the Italian Wine Society harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.

Privacy

Italian Wine Society is committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.

Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email. 

All information we receive from our customers is protected by our secure servers. Italian Wine Society’s secure server software encrypts all customer information before sending it to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Third Parties 

Italian Wine Society does not and will not sell or deal in Users’ information. We may, however, use in a general sense without any reference to Users’ names or information to create marketing statistics, identify User demands and assist in meeting customer needs generally. In addition, the Italian Wine Society may use the information that Users provide to improve our Website and Services but not for any other use.

Disclosure of Information

Italian Wine Society may be required, in certain circumstances, to disclose information in good faith and where Italian Wine Society is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of its User Terms; or to protect the rights, property or safety of our customers or third parties.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Italian Wine Society has no control over such resources and is, therefore, not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable Use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Italian Wine Society reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Italian Wine Society’s legitimate interests;
  • offend Italian Wine Society’s directors or staff or any third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Products and services provided on this Website, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products and Services are described below and in the dedicated sections of this Website.

Product Description

Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.

While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, and colours) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to the order submission are part of the purchasing process.

The purchasing process includes these steps:

  • Users must choose the desired Product and verify their purchase selection.
  • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

  • The submission of an order determines the contract conclusion. It, therefore, creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this Website are displayed:

  • Either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Offers and discounts

Italian Wine Society may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria, and the terms and conditions set out in the corresponding section of this Website.

Offers and discounts are always granted at the Italian Wine Society’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Italian Wine Society’s headquarters, as indicated in the Italian Wine Society’s location details in this document, unless otherwise specified.

Vouchers

Offers or discounts can be based on Vouchers.

If breach of the conditions applicable to a Voucher occurs, the Italian Wine Society can legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Vouchers displayed on the corresponding information page or on the Voucher itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Vouchers:

  • Each Voucher is only valid when used in the manner and within the timeframe specified on the website and/or the Vouchers;
  • A Voucher may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
  • Unless otherwise stated, a single-use Voucher may only be used once per purchase and therefore may only be applied a single time, even in cases involving instalment-based purchases;
  • A Voucher cannot be applied cumulatively;
  • The Voucher must be redeemed exclusively within the time specified in the offer. After this period, the Voucher will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
  • The Voucher is intended solely for non–commercial use. Therefore, any reproduction, counterfeiting and commercial trade of the Voucher is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Voucher.

Methods of Payment

Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of this Website or a service quotation.

All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Italian Wine Society shall be under no obligation to fulfil the purchase order. The User shall bear any possible costs or fees resulting from the failed or refused payment.

Payment of Price in Installments

The payment of the purchase price may be settled in two or more instalments within the deadlines specified on this Website or otherwise communicated by the Italian Wine Society.

Specific Products may be excluded from this payment model.

If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.

Retention of Product Ownership

Until payment of the total purchase price is received by the Italian Wine Society, any Products ordered shall not become the User’s property.

Retention of Usage Rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Italian Wine Society.

Delivery

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Deliveries are made to the address indicated by the User and in the manner specified in the order summary. 

Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay with Australia Post or the courier company directly, and Italian Wine Society is not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of the Italian Wine Society. Users may refuse to accept the parcel if visibly damaged.

Goods are delivered only within Australia.

Failed Delivery

Italian Wine Society cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Italian Wine Society, which will contact the User to schedule a second delivery attempt or to agree on the future course of action.

Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

Performance of services

The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.

Contract duration

Wine Clubs and Membership Subscriptions

These subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined on each subscription type page on this website.

Partner Promotional Subscriptions

These subscriptions start on the day the Italian Wine Society’s partner payment is received by the Italian Wine Society and last for the subscription period chosen by the User or otherwise specified during the purchasing process.

Once the subscription period expires, the subscription will automatically renew, or the User may cancel and no longer have access to such benefits.

Instalments

If the purchase price is paid in several instalments, the subscription shall start on the day that the first payment is received by the Italian Wine Society and last for the entire duration of the subscription, provided that all other instalments are received in time.

Failure to meet the payment deadlines may result in the unavailability of the Product.

Automatic Renewal of Subscriptions

Subscriptions are automatically renewed through the payment method that the User chose during purchase.

The renewed subscription will last for a period equal to the original term.

The User shall receive a reminder of the upcoming renewal in reasonable advance, outlining the procedure to be followed to cancel the automatic renewal.

Termination

Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Italian Wine Society using the contact details provided in this document.

If the notice of termination is received by the Italian Wine Society before the subscription renews, the termination shall take effect as soon as the current period is completed.

Member rights

Right of withdrawal

Unless exceptions apply, the Members may be eligible to withdraw from the contract at any time, for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Withdrawal from the contract terminates the obligation of the contracting parties to perform the contract.

On this Website, the right of withdrawal applies to all Members.

Exercising the right of withdrawal

To exercise their right of withdrawal, Members must log in to the Users Account within this Website to register the intention to withdraw from the contract at least 72 hours before the next payment is due. In order to meet the deadline within which they can exercise such right, Members must send the withdrawal notice before the withdrawal period expires. There will be no refunds for payments processed before this deadline. 

  • Regarding the purchase of a service, the withdrawal period expires 72 hours before the day that the service is supposed to occur. Where a User exercises the right of withdrawal after the withdrawal period expires, the User shall pay Italian Wine Society the total amount of the service to be provided or understands that the Italian Wine Society will not refund any deposit for such service.
Returning Purchased Goods

Unless the Italian Wine Society has offered to collect the goods, Users shall send back the goods or hand them over to the Italian Wine Society or to a person authorized by the latter to receive the goods without undue delay and, in any event, within 7 days from the day on which they communicated their request for a refund.

The deadline is met if the goods are handed to the carrier or otherwise returned as indicated above, before the expiration of the 7-days-period for returning the goods. The reimbursement may be withheld until reception of the goods or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

Money-Back-Guarantee For Goods

Italian Wine Society grants Users the right to cancel a purchase they are unsatisfied with and obtain a refund within 7 days from the day the purchased goods have been delivered when the Italian Wine Society’s team is unable to resolve the User’s complaint. 

To make use of this right, Users must send an unambiguous notice to the Italian Wine Society. While motivation is not required, Users are kindly asked to specify the reason why they are claiming the money-back guarantee.

Within the same period stated above, Users must also return the purchased goods to the Italian Wine Society at their own expense, ensuring that they are undamaged, clean and fit for resale.  Goods must be returned inside the original packaging.

Italian Wine Society does not accept the return of opened goods; however, it may consider a return for quality inspection purposes. Upon receipt of the goods, the Italian Wine Society will verify that all conditions applicable to the money-back guarantee are fulfilled and, if so, refund the purchase price. Italian Wine Society shall refund the price of the Product purchased using the same payment method as the original transaction.

Liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Italian Wine Society’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

Common provisions

No Waiver

Italian Wine Society’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption 

To ensure the best possible service level, the Italian Wine Society reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of the law, the Italian Wine Society may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Italian Wine Society will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Italian Wine Society’s reasonable control, such as “force majeure” (e.g.. labour actions, infrastructural breakdowns or blackouts, etc.).

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Italian Wine Society’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual Property Rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Italian Wine Society or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Italian Wine Society or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

Italian Wine Society reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Italian Wine Society will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User in the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Italian Wine Society.

If required by applicable law, the Italian Wine Society will specify the date by which the modified Terms will enter into force.

Assignment of Contract

Italian Wine Society reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Italian Wine Society.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing law

These Terms are governed by the law of the jurisdiction of NSW and Australia, without regard to conflict of laws principles and rules.

If a dispute between Users and the Italian Wine Society results in litigation, then Users must submit to the jurisdiction of the courts of NSW.

Venue of Jurisdiction

The parties shall use their best efforts to resolve any disputes, controversies, and differences that may result from or in connection to these Terms by mutual negotiation and agreement.

If an attempt at a mutual solution fails, the parties agree to solve the controversy by way of arbitration before the court of NSW, Australia and according to procedural rules adopted by such arbitration body.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Italian Wine Society, which will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Italian Wine Society at the contact details provided in this document.

The User may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase, or account, to the Italian Wine Society’s email address specified in this document.

The Italian Wine Society will process the complaint within 21 days of receiving it.

Liquor Licensing Acts

At the Italian Wine Society, we are mindful that selling alcohol is a great responsibility to Users and their community. Italian Wine Society acknowledges that safe alcohol consumption is ultimately the responsibility of our customers, however, it is also our responsibility to abide by the strict policies and procedures that are in place by the Australian government. We have a commitment to go above and beyond legal compliance to help create an environment that can be enjoyed by all.

All prices quoted are in Australian Dollars. All stock is subject to availability and increases in government charges and wholesale prices.

Don’t Buy It For Them Campaign 

Did you know supplying alcohol to a minor can incur a fine of up to $27,500 and/or 12 months imprisonment? 

For the safety of all involved, we will refuse delivery if we believe that an adult has purchased alcohol for a minor or a person who is intoxicated. No offence is intended, though it is our responsibility to err on the side of caution. Liquor Licensing Acts Liquor licencing legislation in Australia is state and territory based:

NSW

New South Wales Liquor Act 2007. 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.

Victoria

Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $7,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $600).

Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.

South Australia

Liquor Licensing Act 1997, Section 113. Liquor must NOT be supplied to persons under 18.

Queensland

Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years.

Western Australia

Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.

Competition And Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular, Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Italian Wine Society’s liability for any breach of a term of this agreement is limited to the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

Terms & Conditions Latest update: July 2023