Terms and Conditions
Winesquare is a family owned business (over 28 years), run by a team of highly experienced and dedicated wine professionals. Our goal is to deliver you your favourite wine for the best price. If you have any questions regarding these Terms please call us on 02 9098 8600 and one of our friendly staff members will help you.
1. About Winesquare
1.1 Winesquare is a trade name of Rusomont Pty Limited (“Winesquare”, “us” or “we”), 63-65 Pyrmont Bridge Road, Camperdown, NSW 2050, ABN: 13 608 025 903, Liquor Licence LIQP770016797
1.2 Winesquare is a Bulk Warehouse and Distribution Centre where you can order products from www.winesquare.com.au (“Website”) or by calling our Call Centre on 02 9098 8600 (“Call Centre”).
2. 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.
2.2 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.
3. Responsible Service of Alcohol
3.1 By placing an order with us, you must confirm that you are at least 18 years of age and 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.
3.2 You warrant that you are not obtaining alcohol on behalf of a person under the age of 18 years.
3.3 Winesquare reserves the right to refuse delivery if the recipient is unable to produce a valid form of identification.
4. 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.
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 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 Winesquare is 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 Products prices 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 could not provide 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.
4.3.1 Prices stated are in Australian dollars.
4.3.2 Wine (including sparkling wine and Champagne) prices are per bottle in any (mixed or straight) six (6) bottles unless otherwise stated. Prices include GST but exclude delivery charges unless otherwise stated.
4.3 Methods of Payment
4.3.1 You may pay for yor Order using one of the following payment methods:
- American Express;
- Winesquare Gift Card;
4.3.2 We reserve the right to cancel your Order if we are unable to successfully process your credit card or gift card payment.
4.3.3 You authorise Winesquare 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.
4.4 Rejection of an Order
4.4.1 We reserve the right to 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. If we reject an order placed through us then we will 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 can not change or cancel your order once placed. Please contact our Call Centre on 02 9098 8600 during opening hours if you need any help with your order.
4.5.2 We reserve the right to 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 are not available;
b. there is an error in the price, vintage 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. 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.
4.5.5 If any payment has been taken for order that has been cancelled, then the full payment amount, less any outstanding amount that you owe us from previous purchases, will be refunded to you.
4.6 Minimum and Maximum Amounts in each Order
4.6.1 Unless otherwise indicated the minimum purchase quantity is 6 bottles (straight or mixed) unless otherwise indicated.
4.6.2 You must not purchase any items for resale to a third party or for trade purposes. We reserve the right to cancel your order or limit the quantity of your order if we have a concern with the quantity of item/s you have ordered.
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.
4.7 Unavailable Product
4.7.1 You acknowledge that a product that you order may be temporarily unavailable or out of stock. If this happens, then we will not be able to provide you with that product.
4.7.2 If a product is unavailable we may choose to substitute it for a product of similar quality, cancel the order, delay delivery of goods or refund after contacting you within reasonable time after you submit your order.
4.8.1 Subject to clause 4.1.1, In the event of breakage, Winesquare will issue an Account Credit or send replacement items if you notify us within 7 days of delivery or 30 days of purchase by contacting our Call Centre on 02 9098 8600 during opening hours.
4.9 Returns & Refunds
4.9.1 You must contact our Call Centre on 02 9098 8600 during opening hours to organise a return or refund
4.9.2 Under no circumstances can a purchase from Winesquare be returned to a Winesquare warehouse or any other store operated by Rusomont Pty Limited.
4.9.3 You must 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 Winesquare.
4.9.5 Any refunds will be affected within 30 days after we agreed to a return. Please note that delivery charges will not be refunded unless we are at fault.
4.9.6 All Gift Cards, vouchers, promotional codes cannot be returned or refunded
4.9.7 Policy includes the rights you have under Australian Consumer Law.
5.1 Free Delivery
5.1.1 Free delivery applies to Sydney Metropolitan Area only and minimum purchase of 12 bottles unless otherwise stated.
5.2 Delivery Charges
5.2.1 A delivery charge applies to each order of minumum 6 bottles and varies by postcode. To find out the delivery charge for your postcode please call us on 02 9098 8600.
5.2.3 Winesquare reserves the right to adjust delivery charges at anytime without notice.
5.3.1 Please allow up to 10 working days for the delivery (up to 16 working days for WA). Winesquare does not however guarantee any specific delivery date.
5.4 Home Delivery
188.8.131.52 Home Delivery is available to selected Australian postcodes. Most orders will be delivered to your door, however in some regions delivery may be made to your local agent. Please note we do not deliver to Post Office boxes, designated dry zones, some remote and regional communities or islands. Should you have any concerns about Home Delivery availability, please call our Call Centre on 02 9098 8600.
5.4.2 Attended Delivery
184.108.40.206 Winesquare reserves the right to request valid identification as the person accepting your order must be over 18 years to receive your order. We will not allow the competion of the delivery if the recipient is unable to produce a valid form of identification or is intoxicated.
5.4.3 Unattended Delivery
220.127.116.11 You may choose a safe place for us or our nominated courier or agent to leave your order if you will not be home to accept delivery. Therfore, 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.
18.104.22.168 Please note it is your responsibility to ensure we have up-to-date details of your delivery instructions each time you place the order
6.1.1 All promotions are governed by the advertised terms and conditions accompanying each offer as well as these terms and conditions. We reserve the right to change offers or terminate promotions at anytime without notice.
6.2 Vouchers and Promotional Codes
6.2.1 Vouchers and Promotional (Promo) Codes are governed by the terms and conditions accompanying the specific voucher or promo code. They are not transferable, redeemable for cash or refundable, and cannot be used in conjunction with any other offer, voucher or promo code. Vouchers and promotional codes may only be used once and and not valid for any other product than wine. Winesquare reserves the right to cancel any orders made outside these terms and conditions, even after we have accepted payment.
8. Intellectual Property Rights
You acknowledge that Winesquare own or is licensed to use all Intellectual Property Rights on Website (including, but not limited to, design, text, graphics, iconography, images and logos which appear on the website (the “Materials”)). You agree that you will make no representation to the contrary, and that you must not use or copy Winesquare in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that you must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public Materials without our prior written consent.
9. General Obligations
9.1 You warrant that all information and data provided by you to us through the Website or Call Centre or otherwise is true, accurate, complete and up to date;
9.2 You must ensure that all your personal detailes used to access the Website or Account are kept in a safe and secure manner. You also acknowledge that you are responsible and liable for any person that uses your Login email address, password, customer number or other personal details to order products. If you are or become aware there is or has been an unauthorised use of your Account please notify us on 02 9098 8600 during opening hours.
9.3 You must provide us with your date of birth to place an order;
9.4 You warrant that the person receiving the products at the delivery address is authorised by you to do so and is at least 18 years of age
9.5 Please note you should check the labels on the products before consumption or use.
10. Suspension of account
10.1 We reserve the right to immediately suspend, terminate or limit your access to and use of the Website and/or your Account, or refuse service if we reasonably believe that you have acted in breach of these terms and conditions.
11.1 Our products come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
11.2 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 Winesquare 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, the subject matter of our agreement with you and all content to or from which the Website is linked;
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.
11.3 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.
12.1 The Website may contain links to external websites that are not operated by us or our related bodies corporate. Winesquare is not responsible for the content of any off-site pages or any other sites linked to this website.
12.2 You acknowledge that you access and use the products and services made available at our Website solely at your own risk.
12.3 These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
12.4 Winesquare does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this website, is accurate, complete, reliable, current or error-free.
12.5 Winesquare 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.
12.6 Winesquare does not warrant that the functions within the Website will be uninterrupted or error-free.
12.7 ‘Our agreement’ or ‘this agreement’ references mean the relationship between us and you which is governed by these terms and conditions.
These Terms and Conditions constitute the entire agreement between you and Winesquare concerning its subject matter and supersedes all prior communications.