These Terms and Conditions apply to Wine People Pty Ltd (ABN: 41 105 657 154) trading as Virgin Wines (Virgin Wines,) we, our or us. We are a member of the UK based Direct Wines Ltd and our business office is Level 6, Suite 6.01, 1 Oxford Street, Darlinghurst NSW 2010 (Liquor licence: LIQP770016550).
These Terms and Conditions apply if you want to purchase products from us using Velocity Frequent Flyer Points only, via the Virgin Wines Redemption store, (Site). These Terms and Conditions should be read with our Terms of Use and our Privacy Policy.
To purchase products from us via our Site, you must be a Velocity Frequent Flyer member (Member) and log in with your Velocity Frequent Flyer membership number and password when placing your order.
Please read these Terms and Conditions in this document carefully before purchasing products from us. We may change the content of the Site 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 benefits provided to you. Where the benefit is provided by us, we will endeavour to give you at least three months’ notice. In limited circumstances, we may not be able to provide notice. By using the Site, 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 you of the change by providing notice to 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.
A valid and enforceable contract is created between you and Virgin Wines 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:
We will not accept your order in the following circumstances:
All prices quoted in points are Velocity Frequent Flyer Points (Velocity 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.
Although we endeavour to ensure that all pricing information on our Site 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.
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 also reserve the right to terminate any special offer at any time on the terms of the offer.
All products and services are subject to availability. Wine is an agricultural product and may 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.
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 Virgin Wines 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.
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. Your Points will be reversed for the product/s that are returned to Virgin Wines and Points will be refunded to your Velocity Frequent Flyer account and can take up to 30 days to appear on your Points balance.
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 and is returned within 90 days of purchase we will arrange to replace the bottle with a bottle of another type of wine which is of equivalent value. Alternatively, the Velocity Points redeemed can be reversed and returned to your Velocity Frequent Flyer account. 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 Velocity Points value or reverse your Velocity Points redeemed for those product/s. You agree the Wine Handling Conditions will apply here.
If you wish to cancel, replace, or obtain a Velocity Points 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.
As products in the Virgin Wines Redemption store can only be purchased using Velocity Points, we are not able to give equivalent cash refunds. Your Points will be returned to your Velocity Frequent Flyer account and can take up to 30 days to appear on your Velocity Points balance.
Where a Customer Cannot Cancel, Replace or obtain a Refund for Products
A customer cannot request us to cancel, replace or refund Products if:
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 7,999 Points and white wines with a bottle price equal to or greater than 6,398 Points.
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.
Promotions
Unless otherwise stated, promotional (promo) codes are non-transferable, cannot be used in conjunction with another offer, may not be sold at auction and have no cash alternative. Promo codes are for single use only and may only be redeemed once per Velocity Frequent Flyer Member. Terms and conditions accompanying the specific promo may apply. Where a promo code is used in breach of the above conditions, we reserve the right to refuse to supply wines to you.
We reserve the right to terminate a promotion, cancel a promotion 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.
Virgin Wines 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 Virgin Wines may still contact you for other reasonable purposes, including information that Virgin Wines is legally required to send, notifications of changes to Virgin Wines products and services or policies and information regarding the use, rights, benefits or obligations of customers of our products and services.
Velocity Frequent Flyer
General
In order to purchase products from us via our Site, you must be a Velocity Frequent Flyer Member. Orders may only be placed through the Virgin Wines Redemption store by current Members who are logged in to their account and whose Membership has not been terminated or suspended. You cannot use another Member’s Membership Account details to access the Virgin Wines Redemption store or order Products.
Earning
Velocity Points can only be redeemed on the Virgin Wines Redemption store. No Velocity Points will be earned on Redemption purchases.
Enquiries
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
Velocity Points may only be redeemed in the manner set out on the Virgin Wines Redemption store website. The number of Velocity Points held in the Member’s Membership Account must be enough for the particular redemption purchase requested by the Member at the time of processing their redemption request. The number of Velocity Points to be redeemed for a redemption purchase is set out on the Virgin Wines Redemption Store website and is subject to change.
We may, in our discretion, at any time with such notice as reasonably practicable and without liability:
All redemption purchases are subject to availability and restrictions imposed from time to time by Velocity.
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.
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. Virgin Wines 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.
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.
Privacy and data protection
We collect and process information about you in accordance with our Privacy Policy.
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:
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).
Limitation of Warranties and Liability
We have taken all reasonable care in the preparation of the content of our Site. 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 Site 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:
Virgin Wines 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.
Virgin Wines 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.
Virgin Wines 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:
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 Virgin Wines in its sole discretion to:
Contact us
If you have any questions regarding orders or any general enquiries please let us know by:
Email: customerservice@virginwines.com.au
Post: Virgin Wines 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.
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 Virgin Wines 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.
By entering the competition, you accept the competition terms and conditions outlined below.
Last Updated: 6 September 2024
