Terms and Conditions

TERMS AND CONDITIONS OF USE

1. purethewinery.com/au is operated by PURE the Winery Australia Pty Ltd ABN 70 641 633 043. Sale of wines through www.shop.purethewinery.com/aus is made under Victorian Liquor Licence no 36158356.
2. The following Terms & Conditions of Use together with our privacy policy (collectively, Terms) form the agreement between You and Us in relation to Your use and access of this website and the supply of wine ordered by the website.
3. By accessing this website, You acknowledge that You are 18 years or older and have read and understood the Terms and that You agree to be bound by the Terms. If You do not agree to the Terms or have not reached 18 years of age then you must not use this website.
4. From time to time We may vary the Terms and You must accept the Terms on each occasion You access the website.
5. “Our”, “We”, and “Us” means PURE the Winery Australia Pty Ltd and “You” and “Your” means the customer having an account with Us or placing an order with Us

 

ORDERING

1. By placing an order with Us You are confirming that You are 18 years or older. It is illegal for Us to sell alcohol to anyone under the age of 18.
2. When You give Us Your credit or debit card details You are confirming that You are either the card holder, or that You have permission from the card holder to use the card for the purpose of ordering wine from Us.
3. The delivery address supplied by You must be in Australia. We are not permitted to ship product internationally
4. No payment will be taken from Your card until the goods You have ordered are dispatched from Our warehouse.
5. We reserve the right to cancel any orders We cannot fulfil for any reason. If Your order is cancelled We will contact You to inform You of the cancellation and refund any money You have paid Us for that order.
6. We only ship in cases containing 4 or 6 bottles. Maximum Delivery of 24 units of wine per order.

 

PRODUCT AVAILABILITY
1. Products offered by Us are displayed on Our website(s) in ‘real time’. Any product may be withdrawn from offer without notice at Our discretion.
2. We reserve the right to limit sales to retail quantities if we reasonably deem that the order is not within a reasonable retail quantity. If you wish to purchase unusually large orders for an event, please call us prior to placing the order so that we can accommodate you.

 

DELIVERY AND RETURNS

1. Orders placed by 1pm will be dispatched that day. If we experience an unusually large number of orders, we may change the 1pm cut-off to an earlier time so that we can keep our promise to the customers who have already placed their orders.
2. We offer a flat delivery charge of $8AUD for all Metro orders (including GST). Please allow 2-5 days for delivery.
3. For all Regional/Country orders we offer a flat delivery charge of $18.50 (including GST).Please allow for up to one week for delivery.
4. Deliveries to P.O. Boxes. Please note, that all alcohol deliveries need a signature on receipt, and as such a PO Box is not deemed an appropriate delivery address. Please contact us on australia@purethewinery.com to discuss an appropriate
substitute.
5. If Your order goes missing or is damaged, between dispatch and delivery, We will send You a replacement order as soon as We can. If We are unable to dispatch replacement goods within 7 days We will offer You a full refund including the delivery fee. For these purposes, delivery takes place when products are left at the
delivery address specified in Your order.
6. Our courier may require a proof of age identification check if they deem it reasonable at the time they are making the delivery to You or Your authorized agent.
7. If Your order is undeliverable we will contact you to arrange for re-delivery. We may charge you a fee for any re-deliveries.
8. Risk of damage, loss or deterioration to the product passes to You on delivery.
9. Due to perishable nature of Wine, we do not allow returns of stock unless the bottle was damaged or corked. You must notify us within 24 hours if this has occurred. We do not allow for returns for simply change of mind.
10. If your Wine is corked or damaged, we will endeavour to replace it within 7 days.
11. Title to the product remains with Us until we receive the full price of the product from you in cleared funds.

SECURITY, PRIVACY AND RISK
1. For Your own safety We reserve the right to contact Your card issuer for the purposes of carrying out security checks.
2. We take Your privacy very seriously and will only pass Your delivery details to 3rd parties when necessary to fulfil your order i.e. to warehouse operators, carriers and other third parties contracted to dispatch your order to You. Please read Our Privacy Policy on our website.
3. You must not upload any type of virus or computer malware onto the website and must ensure that Your computer remains safe and does not infect Our website whilst You are on the website.
4. We may provide links on Our website to third party products and/or services. We do not promote or recommend these products and/or services to You. If You access these links You do so at Your own risk.
5. We expressly disclaim all liability for Your use of this website. Each time You access this website You acknowledge that Your use of this website is at your sole risk and you are solely liable for any damage, loss or expense You incur from using the website.

 

WALL POSTS
1. If You post a comment on any of the public walls incorporated within the site, Your comments will be in the public domain and will be visible to anyone who visits the site. You must not post a comment that is offensive, unlawful, obscene or defamatory. You are solely responsible for all posts listed using your account, whether the post was authorised or not.
2. If you post a comment on our Wall, or if you post on our Facebook page or if you Tweet us, you agree that we can publish the post to promote PURE the Winery Australia, without the need to reference you when we do so – even though we probably will. We have to remove content that is unlawful or breaches advertising standards.²

 

INTELLECTUAL PROPERTY
All content displayed or comprising the website, including without limitation the images, brand names, trademarks, commentary, website layout and software are subject to intellectual property protection in Australia and internationally. You do not have permission to modify the content on this website, permit unauthorized users to access it (whether intentionally or otherwise) or transmit it to third parties. Any misuse of Our intellectual property rights and/or Our partners’ intellectual property rights will result in immediate termination of Your account and You may be liable for damages.

 

WEBSITE INFORMATION
Information contained on our website is uploaded regularly. We cannot guarantee the information to be correct, current or complete as there are a number of factors, which affect this information. We accept no responsibility or liability for any inaccuracies or typographical errors on our website.

 

PRODUCT WARRANTY
We warrant that the product supplied by Us is of merchantable quality when delivered to You. To the extent permitted by law We expressly disclaim all express, implied, statutory warranties, guarantees and representations. In accordance with clause 9 of these terms and conditions, Our warranty given in respect of merchantable quality is limited to the replacement or resupply of the affected product to You or a refund of the cost of the product, at Our discretion.

 

LIABILITY
You acknowledge that We are not liable to You under any circumstances for any loss, damage or expense (including indirect or consequential, loss of opportunity or profits). You may incur from using our website. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective then our aggregate liability to You under these Terms for all exclusions referred to above for all and any causes of action (collectively) shall be limited to AU$50.

 

INDEMNITY
You agree to indemnify, defend and hold Us, Our officers, employees, partners, suppliers, agents and contractors from and against all losses, proceedings, charges and costs (whether direct, indirect, special, exemplary or consequential) of every kind made against
Us due to Your use, misuse or access to Our website and/or in allowing (with or without intention or knowledge) a person under 18 years of 18 access to Our website or to take delivery of the product on your behalf (whether with or without your permission).

 

FORCE MAJEURE
We shall not be responsible to You if we are unable to deliver Your order or if we are prevented from performing our obligations under these Terms due to circumstances beyond our reasonable control. We will notify you of any delays to your delivery. However,
if we are prevented from performing our obligations beyond a reasonable time then we may, at our discretion, elect to cancel Your order and provide a refund or credit to the value of the cancellation without further liability to You.

 

NOTICES TO YOU
We may contact you via the contact details provided by you including your email address.
You must maintain Your contact details as current at all times.

 

ENTIRE AGREEMENT
These Terms contain the entire agreement between You and Us for the use of Our website to purchase product. All and any other understandings, agreements and representations are hereby expressly excluded.

 

APPLICABLE LAW
These Terms are governed by the laws of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria.

 

RESPONSIBILITY
It is Your responsibility to consume alcohol sensibly.

 

PRIVACY POLICY
When you visit PURE the Winery Australia, we collect personal information about you to enable us to process and deliver your order. This information may include your name, date of birth, contact details, credit card or bank account information and other information relevant to your services. By submitting your details on our website, you consent to PURE the Winery Australia maintaining, recording, holding and using the personal data we collect about you. All data is collected lawfully and maintained in accordance with Australian privacy law. We may also collect your personal information from you when you order wine, enter into
one of our competitions or otherwise interact with us (such as through the social media channels of PURE the Winery Australia). This may include information such as preference information and other usage data. We may also collect your personal information from
third parties where you have agreed with them that your information may be disclosed. In addition, we collect information  egarding activity on our website and other services,
such as the number of visitors to the website or social media application, the date and time of those visits, the number of pages viewed, navigation patterns and, where relevant, the websites visited before visiting the website. On our website, your visits are associated with cookies which are unique identifiers. This information may be collected on PURE the Winery Australia’s behalf by web analytics companies. This information provides us with statistics that we can use to analyse and improve our websites and our products and services. The information we collect may also be used to allow PURE the Winery Australia to send you offers which we feel will be of interest to you, and to send notifications via SMS. If you would prefer not to receive these e-mails please send us a quick email to australia@purethewinery.com and we will remove you from that list.
We may combine personal information we receive about you with other information we hold about you. This includes information received from third parties. We take all reasonable steps to ensure that the personal information we hold is protected from misuse, interference and loss, and unauthorised access, modification or disclosure by the use of various methods, including secure storage. Where we store your personal information with a third party data storage provider, we require them to keep it secure and only use or disclose it for the purpose for which it was provided.
Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal information that we hold.
We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to e.g. to our delivery company to get you your wine.
If you opt-out of emails from PURE the Winery Australia, you will only be contacted by us regarding service issues such as, without limitation, order confirmation and delivery confirmation, significant changes to terms and conditions and non-marketing e-mails.

 

GDPR Compliance
Collection of Data
We process Data you provide directly to Us, in particular when you complete a data collection form.
For example, we collect Data when you create an account, use the Services, participate in a contest or promotion, register for an event or an online course, apply for a job, request customer support or otherwise communicate with Us.
The Data may include the following data as well as any other type of information that we specifically request you to provide to Us through Our collection forms, such as:
• name
• email address,
• postal address,
• phone number,
• information about your company and current position.
We use other third parties, such as a credit card processing company, to bill you for services and a Live Chat service to assist you if you have questions while using our website or regarding your order. When you sign up for our services, we will share your
personal information only as necessary for the third party to provide that service.

 

INFORMATION WE COLLECT AUTOMATICALLY THROUGH COOKIES
AND OTHER TRACKING TECHNOLOGY
We may use cookies, web beacon and other similar technologies on our online Services to collect information and provide you with the services or products that you have requested.
• A “cookie” is a small text file that is placed onto an Internet user’s web browser or device and which is used to record information related to the navigation or the use of a device or a website.
• A “web beacon” is a small object or image that is embedded into a web page, application, or email and is used to track activity. They are also sometimes referred to as pixels and tags (also known as “tracking pixels”). It may be used in Our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Your Choices” below.
We use cookies and other similar technologies to collect information for the purposes described in this Privacy Policy. We may also combine the information collected by these technologies with information we have collected about you by other means that are
described in this Privacy Policy.
Some of the cookies are used for the exclusive purpose of enabling or facilitating communication or are strictly necessary for the provision of Our Services.
These are essentially of session cookies for authenticating and connecting to the Services, as well as memorizing navigation items during a session.
You have the ability to decline cookies by changing the settings on your browser but this might prevent you from benefiting from some elements of the Services. You can also consult or destroy cookies if you wish, since they are stored on your hard disk.
We may also use these technologies for other purposes than the Services operation such
as:
• To improve Our Services;
• To remember you, for your convenience, when you visit Our Services;
• To provide you with advertising tailored to your interests;

We inform you, in particular, that We use Google Analytics to collect information about use of Our Services. We do not combine the information collected through the use of Google Analytics with personally identifiable information. We inform you that Google
Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit Our site, the cookie cannot be used by anyone but Google.
Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to
this site by disabling cookies on your browser. For more information on Google Analytics, please visit Google Analytics.
PURE the Winery Australia also uses social media including but limited to Facebook and Instagram which may utilize your core profiling information to target an online advertisement of our products and services to you.

 

Minors
We do not collect data from Persons under 18 year of age. We will require you to enter your date of birth to ascertain this minimum age requirement. Persons under 18 years of age will be rejected from our list.

How we use the Data
We may use information about you for the following purposes:
• Provide, maintain and improve Our Services;
• Provide and deliver the Services you request, process transactions and send you related information, including confirmations and invoices;
• Send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Communicate with you about products, services, offers, promotions, rewards, and events offered by PURE the Winery Australia and others, with your prior consent, and provide news and information we think will be of interest to you;
• Monitor and analyse trends, usage and activities in connection with Our Services;
• Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
• Process and deliver contest entries and rewards;
• Link or combine with information we get from others to help understand your needs and provide you with better service; and
• Carry out any other purpose for which the information was collected, and which is necessarily contemplated by the collection of such information or is otherwise explicitly mentioned in the process of collection.

According to the Regulation, each Data processing is performed on one of the following legal basis:
• Your consent;
• The performance of the Service subscribed by you.
• The legitimate interests pursued by Us or by a third party, except where such interests are overridden by your interests or your fundamental right and freedoms.

The period of data retention
Data are retained in a form that allows your identification for a period no longer than is necessary for the purposes for which they are obtained and processed.
PURE the Winery Australia will retain your data on file until you actively elect to have your data removed from our records by means of unsubscribing.

 

Online Complaint
In compliance with the Privacy Shield Principles, We commit to resolve complaints about our collection or use of your Data. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Us at:
angela.parthimos@purethewinery.com

 

Security
WE ARE COMMITTED TO TAKING APPROPRIATE MEASURES DESIGNED TO KEEP YOUR DATA SECURE. OUR TECHNICAL, ADMINISTRATIVE AND PHYSICAL PROCEDURES ARE DESIGNED TO PROTECT DATA FROM LOSS, THEFT, MISUSE AND ACCIDENTAL, UNLAWFUL OR UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION, USE AND DESTRUCTION. WE FOLLOW GENERALLY ACCEPTED STANDARDS TO PROTECT THE PERSONAL INFORMATION SUBMITTED TO US, BOTH DURING TRANSMISSION AND ONCE IT IS RECEIVED. IF YOU HAVE ANY QUESTIONS ABOUT THE SECURITY OF YOUR PERSONAL INFORMATION, YOU CAN CONTACT US AT ANGELA.PARTHIMOS@PURETHEWINERY.COM

 

Your Rights
ACCORDING TO THE DATA PROTECTION ACT OF JANUARY 6TH, 1978, AND THE REGULATION 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 27 APRIL 2016 (THE “REGULATION”), YOU HAVE – AT ANY TIME – A RIGHT OF ACCESS, RECTIFICATION, OPPOSITION ON LEGITIMATE GROUNDS AND LIMITATION WHERE APPROPRIATE, AS WELL AS THE RIGHT TO DEFINE GUIDELINES RELATED TO THE FATE OF YOUR DATA AFTER YOUR DEATH.
You also have the right to receive Data which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller under conditions and in accordance with the Regulation.
You may exercise your rights by contacting Us in writing, with a proof of your identity, at the address provided in the “Contact Us” section below or at the address provided in our Data collection form. We inform you that you also may update, correct or delete by
yourself your account information by logging into your online account. Especially regarding promotional or sales communications, you may opt out of receiving promotional or sales communications from PURE the Winery Australia by following the instructions provided in those communications or by sending an email to australia@purethewinery.com. If you email Us to unsubscribe from Our commercial email messages, please include the word “UNSUBSCRIBE” in the email subject line. Please note that if you opt out of receiving promotional communications, we may still send you transactional or relationship messages, such as those about your account or Our ongoing business relations.

You can also contact Us by sending an email to australia@purethewinery.com to request to be removed from Our sales call list.
Finally, you have the right to lodge a complaint with a supervisory authority.

If you have any questions relating to this policy, contact us by e-mail on:
australia@purethewinery.com

PURE the Winery Australia Pty Ltd ABN 70 641 633 043

Unit 6, 18 George Street Sandringham, 3191 VICTORIA