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Terms of Use

1. The generation and forwarding of an order by you (the "Customer") using winc.mystamps.com.au constitutes an offer to purchase the products from Winc Australia Pty Limited("Winc"). All orders are subject to acceptance by Winc, and are otherwise subject to its general terms and conditions of sale.

2. The display of products on winc.mystamps.com.au does not constitute an offer by Winc to unconditionally supply the products at displayed prices. All products shown are indicative only, and are subject to product availability.

3. All product descriptions are either provided directly from the product manufacturer, or based upon information provided directly by the product manufacturer. As a reseller only, and to the fullest extent permitted by law, Winc excludes all responsibility or liability for or arising out of any inaccurate or erroneous product description which appears on winc.mystamps.com.au.

4. The Customer's password and winc.mystamps.com.au access details are confidential information and must not be disclosed to, or used by, any person except for those employees of the Customer with a "need to know" for the purposes of placing orders with Winc. The Customer must return this confidential information to Winc on termination of its relationship with Winc.

5. All intellectual property rights to winc.mystamps.com.au, including design layout, graphics and content belong to Winc. No copying, modification or distribution of the same is permitted without the prior written consent of Winc.

6. Access to winc.mystamps.com.au may be terminated at any time by Winc.

7. winc.mystamps.com.au has been prepared for Australian users only. The Customer represents and warrants to Winc that it is a resident of Australia.

8. Winc accepts no liability for the Customer's security breaches, unauthorised use of the Customer's credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.

9. Winc shall not be responsible for any errors or omissions contained in or on winc.mystamps.com.au. The Customer relies on the information contained in winc.mystamps.com.au at its own risk. The information in winc.mystamps.com.au is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.

10. Winc reserves the right to make any changes to the information contained in and the layout of winc.mystamps.com.au, including changes to its product range, ordering mechanisms and ordering terms.

11. Except in respect of implied warranties which cannot be excluded by law, Winc does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of winc.mystamps.com.au or the products it supplies.

12. Winc shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to winc.mystamps.com.au or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.

General Terms and Conditions of Sale
1. Scope: All goods and services ("Products") supplied by Winc Australia Pty Limited ("Winc") are supplied on these terms and conditions, with the exception of liquor products which have additional terms and conditions of sale (see below).

2. Order Acceptance: No order shall be binding on Winc until accepted by Winc. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Winc of an order from the Customer. Winc reserves the right to accept any order in whole or in part. Where Winc makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Winc.

3. Payment Terms: All credit orders are accepted by Winc subject to satisfactory credit approval of the Customer, and are governed by Winc' credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 30 days from the date of invoice, or 15 days from the date of a consolidated monthly statement, whichever is the earlier, except in the case of software licences, where payment must be made within 7 days of invoice date. Payment must be made in full without set off or deduction. Winc will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.

4. Title to Products: Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Winc. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to Winc, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of Winc, to hold the proceeds of sale on trust for Winc, in an account in the name of Winc, until payment in full for the Products is made to Winc.

5. Delivery: Winc reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Winc.

6. Returns: Any Products which are damaged or defective, delivered after their "use by" or "best before" date, or which are not otherwise in accordance with the Customer's order, or which the law provides may otherwise be returned to Winc within a reasonable time after the Customer has had a reasonable opportunity of inspecting the Products, at no cost to the Customer. The Customer may otherwise return Products to Winc and obtain a credit:
a) except for specially purchased products, products specifically tailored for the Customer's requirements, IT consumables, computer hardware, furniture, and canteen products which may not be returned;
b) provided that it does so within 14 days of delivery and a return authorisation is obtained from Winc;
c) provided that the Products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition;
d) at the Customer's own expense, or to the Customer's account; and
e) on the basis that risk in the Products remains with the Customer until the Products are received by Winc, and that a restocking or return fee may be charged.
Notwithstanding the provisions of this clause 6, Winc will not accept a returned Product where the Customer has caused the Product to become unmerchantable or failed to take steps to prevent the Product from becoming unmerchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer.

7. Customer Specific Stock: Where Winc has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Winc may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Winc against all claims, demands, loss, costs and expenses incurred by or made against Winc, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Winc may use, print or reproduce at the Customers request.

8. Liability: Except for those required or implied by legislation, Winc gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Winc. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Winc under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or Winc to:
a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) if the breach or liability relates to services;
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.

Except to the extent the law provides that liability is not able to be excluded, Winc shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Winc or the failure of Winc to comply with these terms and conditions.

9. Conflicts: These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, Winc will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Winc reserves the right to change these Terms and Conditions at any time. Additional terms and conditions also apply when order is placed via winc.mystamps.com.au, which are displayed on winc.mystamps.com.au.

10. GST: Winc reserves the right to recover from the Customer all goods and services tax ("GST") payable in respect of the supply of goods and services to the Customer.

11. Jurisdiction: These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales and the parties agree to submit to the jurisdiction of the courts of that state.

12. No Waiver: The failure by Winc to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.

Privacy Statement
1. All personal information collected and stored by Winc Australia Pty Limited ("Winc") as a result of your use of NetXpress is used by Winc only for the purposes of facilitating the supply of products and services to you, the customer and servicing our relationship with you. It is not disclosed to any third party, except where the customer has authorised disclosure to a third party e-commerce facilitator.

2. Customer contact information may also be used by Winc for some direct marketing purposes.

3. Cookies generated by the use of NetXpress are used only to validate access to NetXpress. They are not used to identify individuals, nor used to track navigation patterns, or the address of the website from which a customer may have entered NetXpress. Winc also collects date of birth details from customers who order liquor/ alcohol over NetXpress. Winc is required by Liquor Licensing laws to obtain the date of birth of the person placing an order for liquor products. This information is used solely for the purposes of complying with legal obligations, and in order to ensure alcohol is not sold to persons under the age of 18 years. Click here for a copy of our privacy policy.

Intellectual Property
1. Copyright in the design, layout, graphics and other content of this Web Site belongs to Winc Australia Pty Limited ("Winc"). Copying, modification, reproduction or distribution of the same without the prior consent of Winc is prohibited.

2. Winc is the registered or common law owner or licensed user of the following trademarks and all intellectual property rights associated therewith.

3. No copying, modification or distribution of these marks is permitted without prior consent. Nothing on this Web Site may be construed as granting to any user any licence whatsoever in respect of the intellectual property appearing on this Web Site.

4. Winc makes no representations or warranties that the use of this Web Site or the information contained herein will not infringe any person's intellectual property rights

Content And Liability Disclaimer
1. Winc shall not be responsible for any errors or omissions contained in or on this Web Site. You rely on the information contained in this Web Site at your own risk. The information in this web Site is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.

2. Winc reserves the right to make any changes to the information contained in and the layout of this Web Site, including changes to its product range, ordering mechanisms and ordering terms.

3. Except in respect of implied warranties which cannot be excluded by law, Winc does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of this Web Site or the products it supplies.

4. Winc shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to this Web Site or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.

5. Winc utilises rounding in their pricing. This may cause variances between the single price and the total price displayed

Information
1. Unless specifically labelled otherwise, and accepted on that basis by Winc, all information provided to Winc in connection with this Web Site shall be treated by Winc as non confidential.

2. The contents of this Web Site have been prepared for Australasian audiences only.

Website Links
1. Winc accepts no responsibility or liability for the content of any other website which is linked to this website, nor does the existence of such a link imply any endorsement, representation or support by Winc.