Terms

1. General

1.1 These Terms and Conditions (the Terms) govern your use of our services and the website located at www.debeaurepairewines.com (the website) and forms a binding contractual agreement between you, the user of our services and the website (you or your) and us, De Beaurepaire Wines Pty Ltd (ABN 60 105 440 953) the provider of the DBW and services and the owner and operator of the website (DBW, us, our or we).

1.2 These Terms are important and you should ensure that you read them carefully. If you have any questions regarding the use of our services or the website, please contact us at customerservice@debeaurepairewines.com.

1.3 By using our services and/or the website as either a user of our services you acknowledge and agree that you are at least 18 years of age and that you understand these Terms and you agree to be bound by them. If you are under 18 years or age or do not agree to these Terms, please do not use our services or the website.

1.3 DBW operates a vineyard and sells wine by mail order, online via the website, at its cellar door located in Rylstone NSW, and at wine related events where it has been authorised to do so (the services). DBW does not sell or supply alcohol to minors under the age of 18 years of age and conducts the services in accordance with the terms and conditions of the NSW liquor licence granted to it (NSW Liquor Licence No. LIQW824013721).

1.4 Information on the website is general information only. DBW and its owners, agents or employees do not accept, and are by these Terms released by you of, any liability to you arising (whether directly or indirectly) out of the information provided on the website or anyone else through the website or any errors in, or omissions from information on the website.

1.5 Any commercial use of the website by you requires the prior written approval of DBW.

1.6 These Terms must be read in conjunction with any other notices, disclaimers and policies displayed elsewhere on the website or provided by us to you from time to time.

1.7 DBW reserves the right to change these Terms, the website or content contained with the website at any time with or without any notice to you nor giving any explanation for such change.

1.8 DBW does not provide any professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the website and/or linked to any user of the website.

1.9 By operating the website and providing the services DBW does not assume a duty of care to users of the website or users of the services.

1.10 You will at all times indemnify and keep indemnified DBW and its respective officers, employees and agents (referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you.

1.11 The website may contain links to other sites. We cannot control any information on these sites and are not responsible for any information contained on those sites or the privacy practices or terms of use of those sites.

1.12 Any failure on our part to enforce any provision of these Terms is our right and shall not constitute a waiver of our right to enforce that or any other provision.

1.13 Should any provision of these Terms be unlawful, void, or otherwise legally unenforceable, the rest of these Terms shall remain enforce as though the unenforceable provision had not been a part of these Terms.

1.14 All personal information you provide to DBW will be treated in accordance with our Privacy Policy.

2. Website Users

2.1 You acknowledge that DBW conducts the services and the website is a platform that allows buyers to purchase alcohol. All users of our services must be over the age of 18 years and if you use our services including where you order products from our website you acknowledge that we may request identification from you in order to prove to our reasonable satisfaction that you are at least 18 years of age. We reserve the right to refuse any purchase order at our absolute discretion.

2.2 All purchases on the website must be paid for at the time of purchase by credit card or debit card via our payment service providers or as otherwise stated on the website. You must fill out all relevant particulars listed on the order form on the website when you make a purchase order.

2.3 You may not resell any wine or any other product sold on the DBW website or elsewhere by DBW.

2.4 Delivery costs and taxes for goods purchased on the website are payable as detailed on the website.

2.5 You acknowledge that any description or goods or prices for goods listed on the website may be listed in error and DBW does not warrant that any information listed in the website is accurate or error free.

2.6 DBW and its authorised representatives may gather and process any information which you provide when accessing the website which may include personal information. Please see our Privacy Policy for further details on how we manage your personal information.

2.7 You acknowledge that DBW may use any information provided by you on the website to engage in direct marketing to you in any medium unless you do not authorise us to do so.

3. Wine Club Membership

3.1 As part of the services DBW offers a wine club membership. Members who sign up to the wine club membership, either in person, on the website or by other means, acknowledge that they are at least 18 years of age and are committing to purchase at least 3 cases (36 bottles) of wine per year, and that this commitment lasts for a minimum 12 months.

3.2 The selection of the wines and timing of the delivery of the wine is notified by you to us in accordance with the terms and conditions of the wine club membership which will be notified to you at the time you elect to join.

3.3 By joining the DBW wine club you authorise DBW to debit your credit or debit card for cost of the wine during each relevant order period.

3.4 You will receive a pre-delivery notification by email from DBW of upcoming shipments for your wine club membership at which time you can elect to change the wine mix content of your delivery.

3.5 You acknowledge that wines will be dispatched automatically in your pre-selected month unless you advise DBW otherwise 1 month prior to delivery.

3.6 You acknowledge that your selection of wines will be used as your preference for future deliveries, unless you update your order before the nominated cut-off, and that vintages and prices may change.

3.7 You agree to notify DBW of any change to your payment or delivery details and acknowledge that if you fail to do so, DBW will not be held responsible for any non-delivery or mis-delivery of your order.

3.8 Any wine club discounts will not apply in conjunction with other special offers unless specified.

3.9 You must provide written notice of membership cancellation to wineclub@debeaurepairewines.com. Such cancellation may only take effect after your third shipment of De Beaurepaire wine has occurred. All emails are to be directed to wineclub@debeaurepairewines.com.

3.10 You confirm that the wines You are purchasing are not for resale by a licensed person.

3.11 You agree to a minimum purchase of 36 bottles per year to retain your membership.

4. Returns Policy

4.1 You may not cancel or return your order because you have changed your mind. It is our policy to only provide refunds for damaged products in the event you do not wish them to be replaced by us. We will provide a full refund in this case and also where you have ordered a product from the website and we cannot deliver the product. Any other refund by us to you is made at our absolute discretion or we may elect to offer you a credit in lieu of a refund at our absolute discretion. Where you have received the wrong order, please notify us and we will replace the order at our cost.

4.2 If your purchase arrives damaged, we request that you take a photo of the damaged item(s) and email the photo to customerservice@debeaurepairewines.com and include you name, address, phone number and order particulars. We will refund to you the reasonable costs of returning goods damaged in transit.

4.3 Refunds will only be payable by us for goods damaged and notified to us within 14 days of receipt by you. We reserve the right to refuse repayments for damaged goods if you cannot demonstrate to us that the goods were damaged in transit to you to our reasonable satisfaction.

5. Shipping Policy

5.1 Your order will be delivered to the address specified by you when you placed the order. If one or more of the items you have ordered are unavailable at the time of order, we maynot be able to process your request and will complete a refund. We will inform you by email if this is the case.

5.2 We send products with regular Australia Post and via other reputable courier businesses. DBW currently ships within Australia only and all orders sent will come from Australia.

5.3 We do not send deliveries on official NSW public holidays or on weekends.

5.4 For all orders to be delivered within Australia, standard delivery time is up to 12 business days. This is an estimate only and delivery times are out of our control. We do not accept any liability for late or non-delivery. Any late delivery does not constitute a failure of these Terms, and does not entitle you to cancel your order. DBW further does not accept any liability for any loss or damage arising from lost, stolen or damaged products after delivery has taken place.

5.5 We track your orders and If your order is delayed or does not arrive, please contact us at customerservice@debeaurepairewines.com.

5.6 If the first delivery attempt is unsuccessful, there will be a redelivery attempt made by the delivery company. If that re-delivery is unsuccessful, then you must arrange to collect the package from the delivery company or pay for a new delivery.

6. Customer Support & Complaints Policy

DBW will attempt to resolve any customer complaints and answer any questions within 3 business days of the first contact made by a customer by email to: customerservice@debeaurepairewines.com.

7. Governing Terms

7.1 You agree that these Terms, and any purchases made by you via the website or use of our services in any other manner, shall be governed solely by the laws applicable to New South Wales, Australia.

7.2 For the avoidance of doubt, you agree to the jurisdiction of the courts of New South Wales determine any dispute arising out of these Terms, your use of the website or your purchases of our products.

8. Disclaimer of Liabilities

8.1 You acknowledge that DBW does not warrant, guarantee or make any representation that:

the website is free of software viruses;the functions contained in any software contained on the website will operate uninterrupted or are error-free; anderrors and defects in the website will be corrected.

8.2 You acknowledge that DBW is not liable to you for:

errors or omissions in the website;delays to, interruptions of or cessation of the website; andoffensive or illegal conduct of any user of the website or our services, whether caused through our negligence, our employees or independent contractors, or through any other cause.

8.3 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the website.

8.4 You agree to indemnify and hold harmless DBW and all its related parties, associates and authorised representatives from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with the use of the website or our services.

9 Intellectual Property

9.1 The brand names, slogans, trademarks, service marks, designs, and logos used on the website, including without limitation the DBW business name and logo, are the trademarks of DBW.

9.2 You further agree not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the trademarks without our prior written consent.

9.3 All information and materials published, transmitted, or otherwise available on the website or through the provision of our services are protected by copyright or trademarked (as applicable), and owned or controlled by DBW, its licensors, or affiliated companies.

9.4 You shall abide by all copyright and trademark notices, limitations, and restrictions applicable to DBW. Without limiting the foregoing, no content owned by us may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the website or the provision of our services in accordance with its intended use.

10. Force Majeure

You agree not to hold us liable for any disruption of our service or failure to deliver our products or provide our services for any reason beyond our control, including, but not limited to, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor shortages, labor strikes (both lawful and unlawful), postal service or courier service disruption, infrastructure disruption, communication failure, material shortages, or any other circumstance that may be beyond our control.

11. Technical Difficulties

If you experience technical difficulties in relation to this website, please email customerservice@debeaurepairewines.com.

12. Contacting Us

Our contact details are:

De Beaurepaire Wines Pty Ltd (ABN 60 105 440 953)

182 Cudgegong Rd

RYLSTONE NSW 2849

Tel: (02) 6379 1473 (from within Australia)

Tel: + 2 6379 1473 (from outside Australia)

Email: customerservice@debeaurepairewines.com

These Terms are dated 22 August 2022.