Terms and Conditions

These Terms and Conditions apply to Wine People Pty Ltd (ABN: 41 105 657 154) trading as Velocity Wine Store by Laithwaite’s (Laithwaite’s Wine People, we, our or us). We are a member of the UK based Direct Wines Ltd and our registered office is Level 2, 407 Elizabeth Street, Surry Hills NSW 2010 (Liquor licence: LIQP770016550).

A reference to “wine” in these Terms and Conditions is deemed to include a reference to wine, beer and spirits. By exception, the reference to “fine wine” in section 5 (Cancellations, Replacements and Refunds) only refers to wine and not to beer or spirits.

These Terms and Conditions apply if you want to purchase products from us via our website, Velocity Wine Store by Laithwaite's, coupons, catalogues, call centre or any other form of order (Sites). These Terms and Conditions should be read with our Terms of Use and our Privacy Policy.

To purchase products from us via our Sites, you must be a Velocity Frequent Flyer member (Member) and when placing your order must either log in with your Velocity Frequent Flyer membership number and password or, if making purchases as a guest, provide your Velocity Frequent Flyer membership number with the First Name and Surname on your Velocity account (Guest). Once you have made a purchase and registered an account on our Sites you become a Velocity Wine Store Subscriber.

These Terms and Conditions do not apply to Velocity Frequently Flyer Pty Ltd (Velocity). Velocity is not a party to any contract between you and us and is not involved in exposing liquor for sale on the Sites. Velocity Membership is regulated by the Velocity Membership Terms and Conditions.

Please read these Terms and Conditions carefully before purchasing products from us. We may change the content of the Sites from time to time, including the Terms and Conditions. We will use our best efforts to advise Members of material changes to these Terms and Conditions, and where such changes will limit Member benefits. Where the benefit is provided by us, we will endeavour to give Members at least three months notice. In limited circumstances, we may not be able to provide notice. By using the Sites, you agree that you have read, understood and accept these Terms and Conditions (as amended from time to time).

Members will be taken to have received notice of changes to the Terms & Conditions when we notify Members of the change by providing notice at the email address provided to us by the Member or, by posting details of the changes on our website.

 If you do not agree to be bound by these Terms and Conditions, you may not place an order with us.

  1. Contract creation

    A valid and enforceable contract is created between you and Laithwaite’s Wine People upon dispatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the Cancellations, Replacements and Refunds in section 5 below.

    A contract is not formed when:

    1. you place an order on our Sites; or
    2. payment has been received from you by Laithwaite's Wine People; or
    3. you receive an email from Laithwaite's Wine People acknowledging receipt of your order.

    We will not accept your order in the following circumstances:

    1. The product(s) you ordered are unavailable or not in stock;
    2. Your payment cannot be authorised;
    3. You are under the age of 18 years;
    4. There is a pricing or product description error;
    5. You are using promotion or coupon codes fraudulently (see section 7 for more information);
    6. Your Velocity Frequent Flyer membership number cannot be validated; or
    7. Your order(s) have a delivery address in the Northern Territory or in a dry zone in Australia. For a full list of dry zone postcodes please visit https://www.datsip.qld.gov.au/programs-initiatives/community-alcohol-limits. https://www.rgl.wa.gov.au/maps/tourism.htm and https://nt.gov.au/law/alcohol/bans-and-dry-areas/where-you-cant-drink-in-the-NT/list-of-restricted-areas
  2. Prices

    All prices quoted in Dollars are in Australian Dollars and may be per bottle or per case, as marked. All prices quoted in Points are Velocity Frequent Flyer Points and may be per bottle or per case, as marked. All prices include GST unless otherwise indicated. Any delivery charges are additional, unless otherwise specified. Where the functionality of the Sites permits, Laithwaite's Wine People accepts Visa, Mastercard and American Express.

    Although we endeavour to ensure that all pricing information on our Sites is accurate, occasionally products may be incorrectly priced. In the event that a product you have ordered is priced incorrectly, we will contact you by telephone or email before dispatching your products and ask you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If we do not hear back from you within seven days of our initial email or telephone call, we will consider this to be a withdrawal of your order.

    Where a particular wine is part of a pre-mix case with a general discount applied, the discounted price for the case is relative to the non-discounted prices for the constituent wines.

    Prior to dispatch of your order, we reserve the right to alter prices and delivery charges in the event of major currency fluctuations, changes in the rate of GST or other taxes, or other market conditions. We will give you as much notice as practicable but in limited circumstances, we may not be able to provide notice. We also reserve the right to terminate any special offer at any time on the terms of the offer.

  3. Availability

    All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. In this instance, we will substitute wines with an alternative of equal or greater value. If you are unhappy with any substitutions you receive, we will arrange collection at our cost and provide you with a refund in accordance with section 5 below.

  4. Delivery

    We deliver to most addresses in Australia including PO Boxes. We do not deliver to the Northern Territory, dry zones across Australia or Parcel Lockers. For further details of the prices and timeframes for delivery please go to the Delivery page of our website. We reserve the right to restrict deliveries or to withdraw services to individual customers' addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances.

    Our deliveries are made by third party carriers. If you are not at home when your delivery arrives and do not give specific delivery instructions, the delivery driver will leave a card indicating that they were unable to deliver your wine, with details on how to go about receiving your missed case. A reminder card will be sent to you after five days. Cases not collected within 14 days of the initial attempted delivery will be returned to us and a Laithwaite's Wine People Customer Service representative will contact you to arrange further delivery.

    You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged.

  5. Cancellations, Replacements and Refunds – Satisfaction Guarantee

    Change of mind

    If you change your mind about some or all of your order, you may cancel your order up to and including 14 calendar days after the day on which you receive your order and we will arrange to collect (free of charge) the unwanted products and reimburse the appropriate sum paid including delivery costs within 14 calendar days after the day on which you tell us that you wish to cancel.

    Faulty products

    We will replace or refund any bottles of wine which are faulty, subject to you meeting our Wine Handling Conditions (see section 11). We will arrange to replace the faulty bottle with a bottle of the same type of wine (or if not available, a bottle of another type of wine which is of equivalent value). Alternatively, we can refund you an amount equal to the value of the bottle. The replacement or refund condition is available provided the wine is still within the Recommended Drink by Date and has been stored in suitable conditions, in our reasonable opinion. We reserve the right to ask you to provide evidence of the fault and conditions of storage and/or to collect the faulty bottle for inspection (at our cost).

    Products you did not enjoy

    If the wine was not to your taste, provided it is still within the Recommended Drink by Date and has been stored in suitable conditions, in our reasonable opinion, we will arrange to replace the bottle with a bottle of another type of wine which is of equivalent value. Alternatively, we can refund you an amount equal to the value of the bottle. If you have any more unopened bottles of the same wine which you no longer want, we will arrange to collect them from you (free of charge) and replace them with bottles of another type of wine which are of equivalent value or give you a refund for an amount equivalent to their value. You agree the Wine Handling Conditions will apply here.

    If you wish to cancel, replace or obtain a refund for a product, please contact our Customer Services team using one of the methods in the “Contact Us” section below and one of our wine advisers will be more than happy to assist.

    All refunds will be made by the same payment method you originally used to make payment.

    Where a Customer Cannot Cancel, Replace or obtain a Refund for Products

    A customer cannot request us to cancel, replace or refund Products if:

    • the Products are damaged after delivery through no fault of the supplier;
    • you do not safely store the wines purchased in suitable conditions, including until a return collection time is scheduled; and/or
    • you do not meet the Wine Handling Conditions in section 12.

    In certain circumstances we may grant you a reduced refund to reflect the reduction in the value of the goods caused by you.

    Cancellation, replacement and refunds on older vintages and fine wines will be at our discretion, and subject to your compliance with the Wine Handling Conditions in section 12 and applicable law.

    Although we do everything to ensure the wine quality of back vintage wines, older vintages and fine wines continue to mature in the bottle and can develop different flavour profiles which we cannot guarantee.

    Fine wines are red wines with a bottle price equal to or greater than $49.99 and white wines with a bottle price equal to or greater than $39.99.

  6. Security

    All information (including credit card details) is sent and received using up-to-date secure e-commerce software. We continuously monitor and implement new security protocols and software as they become available. If you have any questions about any aspect of site security, please contact our Customer Services team using one of the methods in the “Contact Us” section below.

  7. Promotions

    From time to time we may offer bonus Velocity Frequent Flyer Points on selected products or purchase quantities. All such offers are governed by the advertised terms and conditions accompanying each offer.

    Unless otherwise stated, promotional (promo) or coupon codes are non-transferable, cannot be used in conjunction with another offer, may not be sold at auction and have no cash alternative. Promo or coupon codes are for single use only and may only be redeemed once per Velocity Frequent Flyer Member and credit card. Terms and conditions accompanying the specific promo or coupon code may apply. Where a promo or coupon code is used in breach of the above conditions we reserve the right to refuse to supply wines to you or to make a charge equivalent to the value of the promo or coupon codes against the payment card used on the contravening order or take steps to redeem the products as we deem appropriate. A charge may be made to cover the cost of recovery of the products.

    We reserve the right to terminate a promotion, cancel a promo or coupon code or alter its terms and conditions at any time. We will use our best efforts to advise Members of material changes to the terms and conditions, and we will endeavour to give Members at least one weeks’ notice through our website. In limited circumstances, we may not be able to provide notice.

    Wine People may, from time to time, send direct marketing communications to you about us and our products and services, and other material that we consider you would find interesting or useful. If you do not wish to receive such direct marketing communications, you can always unsubscribe. If you are receiving email communications from us, there will be a mechanism to unsubscribe contained in each of those emails. To stop receiving other communications from us, you can contact us via any of the channels listed below in the ‘Contact Us’ section.

    If you choose to unsubscribe from all direct marketing communications, please note that Wine People may still contact you for other reasonable purposes, including information that Wine People is legally required to send, notifications of changes to Wine People products and services or policies and information regarding the use, rights, benefits or obligations of customers of our products and services.

  8. Velocity Frequent Flyer

    General

    In order to purchase products from us via our Sites, you must be a Velocity Frequent Flyer Member, whether you are purchasing as a Guest or a Velocity Wine Store Subscriber. Orders may only be placed through the Velocity Wine Store by Laithwaite’s by current Members whose Membership has not been terminated or suspended. You cannot use another Member’s Membership Account details to access the Velocity Wine Store by Laithwaite’s or order Products.

    Earning

    You will earn Velocity Frequent Flyer Points per each dollar spent (excluding delivery charges), or any promotional Points offer which may be offered from time to time, by shopping with the Velocity Wine Store by Laithwaite’s.  Points earned will be credited to the Member’s account within Points will not be allocated (and may be reversed) if an order is cancelled, returned and refunded.

    Points earning methods and rates may be limited, withdrawn, modified, cancelled, increased or otherwise amended from time to time on the Velocity Wine Store by Laithwaite's.

    All Points or Membership enquiries must be directed to the Velocity Frequent Flyer Membership Contact Centre

    Australia – 13 18 75 or +61 2 8667 5924 from international locations

    08:00 - 20:00 (AEDT), Monday to Friday

    Alternatively, further information can be found on the Velocity Frequent Flyer website on the Velocity Member Help and Support page

    Redeeming

    Points may only be redeemed in the manner set out on the Velocity Wine Store by Laithwaite’s website. The number of Points held in the Member’s Membership Account must be enough for the particular Reward requested by the Member at the time of processing their redemption request. The number of Points to be redeemed for a Reward is set out on the Velocity Wine Store by Laithwaite’s website and is subject to change. You cannot redeem Velocity Points when placing an order as a Guest.

    We may, in our discretion, at any time with such notice as reasonably practicable and without liability:

    • Alter the number of Points required to obtain a particular Reward;
    • Impose times in which Rewards will not be available;
    • Make any changes (including withholdings and cancellations) to Rewards and their availability (including by limiting, withdrawing, modifying, cancelling or increasing the availability) from time to time; and
    • Withdraw, cancel, withhold, replace, substitute, deny access to, or use of, or in any way change any of the Rewards previously advertised, offered to or accepted by any Member without notice.

    All Rewards are subject to availability and restrictions imposed from time to time by Velocity Frequent Flyer Pty Ltd

    Re-Sale

    Wines purchased from us are for the customer's own use only (which may include their use as gifts for third parties). Wines may not be re-sold or otherwise used for commercial purposes.

  9. Age Restrictions

    It is against the law for any person under the age of 18 to buy or attempt to buy alcohol or, for any person over the age of 18, to buy or attempt to buy alcohol for any person under the age of 18. Laithwaite's Wine People is committed to upholding its legal and social obligations as a retailer of alcohol. By placing an order, you confirm that you and the recipient of the wine are at least 18 years old. If our couriers are in doubt of the age of the recipient of an order, they will request some form of identification. If this is not satisfied, they are not permitted to leave the wine.

    We will validate name, address, age and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms and Conditions you consent to such checks being made. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency which may keep a record of that information. This is done only to confirm your identity. A credit card check is not performed, and your credit rating will be unaffected. If we cannot verify your age using this method, we will contact you to ask for a driver licence number (or other evidence) in order to proceed with the order.

  10. Fraud and Crime Prevention

    For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, including fraud, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.

  11. Privacy and data protection

    We collect and process information about you in accordance with our Privacy Policy.

  12. Wine Handling Conditions

    Wine is a delicate and perishable product. You agree to meet the following responsibilities in respect of our Products as a condition of our cancellation, replacement and refund policy under section 5:

    • To store wine continuously in suitable conditions, in our reasonable opinion. The correct storage of wine is of vital importance. You should store bottles horizontally, at a stable, cool temperature; out of direct light and in an atmosphere, which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible;
    • To handle Products in your possession with due care and not in a way which would not be permitted in a shop (for example, by opening a bottle of wine or removing a seal);
    • To take extra care when opening sparkling wines and champagnes which can be volatile due to the build-up of gasses; and
    • To drink wine by the Recommended Drink by Date which is the date, if any, by which wine should be consumed, as displayed on the product listing page of the website for that specific wine.

    We reserve the right to ask you to provide evidence of the conditions of storage and handling and to collect any faulty bottle for inspection (at our cost).

  13. Limitation of Warranties and Liability

    We have taken all reasonable care in the preparation of the content of our Sites. However, to the extent permitted by applicable law, we do not make and exclude any representations, warranties or terms of any kind in respect of the Sites or their contents (including, without limitation, its accuracy or any views or comments made).

    Without excluding, restricting or modifying the rights and remedies to which you may be entitled, to the maximum extent permitted by the law:

    • You acknowledge that our Sites are provided ‘as is’ and that we do not make any warranty or representation as to the suitability of the of the Sites or a Product for any purpose;
    • We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the Products or the subject of these Terms and Conditions; and
    • We will not be liable to you for any indirect and consequential loss that may arise as a result of the supply of specific goods and services under these Terms and Conditions in contract, tort, under any statute or otherwise (including, to the maximum extent of the law, negligence, breach of contract or breach of implied terms).

    Laithwaite's Wine People limits its aggregate liability under or in connection to the supply of specific goods and services under these Terms and Conditions to the GST exclusive aggregate price paid (or the dollar value of Points redeemed) by you for the specific goods or services that gave rise to the liability. Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms and Conditions is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.

    Laithwaite's Wine People is not responsible for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any event which is outside of our control (for example, an act of God, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received, by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.

    Laithwaite's Wine People will not be liable to you or to any third party for any loss, damage or costs which arise in contract, tort (including negligence), under any statute or otherwise, to the extent caused by:

    • Your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner;
    • Your failure to comply with the recommendations set out in the “Wine Storage Conditions” section above;
    • Any spillages or breakages involving one or more of our products, unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective; or
    • Your act or omission.

    If any term, condition or warranty is implied into these Terms and Conditions and cannot be excluded, then warranty will be limited as determined by Laithwaite's Wine People in its sole discretion to:

    • in the case of goods, any one or more of the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; and
    • in the case of services, the supplying of the services again (directly or indirectly) or the payment of the actual cost of having the services supplied again.
  14. Contact us

    If you have any questions regarding orders or any general enquiries please let us know by:

    Email: customerservice@velocitywinestore.com.au

    Post: Laithwaite’s Wine People Customer Service, PO Box 665, Strawberry Hills NSW 2012

    Phone: 1300 241 080

    For Velocity Frequent Flyer Membership and Points enquiries please contact Velocity Frequent Flyer– see clause 7 for details.

  15. General

    Amendments

    We may change the content of the Terms and Conditions from time to time. When we make changes to the Terms, we will post details of the changes on our website. Your continued use of our website will confirm your acceptance of the updated Terms.

    Governing Law

    These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

    Severability

    If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, that part is taken to be deleted from the Terms and Conditions and will not affect enforceability of the remaining provisions.

    No Waiver

    The failure or neglect by Laithwaite's Wine People to enforce any of its rights under these Terms and Conditions will not be deemed to be a waiver of those rights.

    Assignment

    We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms and Conditions. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms and Conditions without our prior written consent.

    Whole Agreement

    These Terms and Conditions, the Terms of Use and the Privacy Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

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Last Updated: 31 October 2019