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Disclosures under Fair Trading Act 1987 (NSW)
Please ensure you carefully review the terms and conditions below which apply to the sale of products through the Nepenthe Wines website, and in particular:
1. Welcome to the Nepenthe VIP Membership Wine Club (“Wine Club”). The Wine Club is operated by Nepenthe Wines of Jones Road, Balhannah, SA 5242 (“Nepenthe Wines”). To join the Wine Club, you must be 18 years of age or over, be a resident of and living in Australia and agree to the terms and conditions set out below.
2. There is no membership fee payable for joining the Wine Club. Applications for membership can be made by completing the application form available from Nepenthe Wines or on its website nepenthe.com.au. Nepenthe Wines reserves the right to grant or refuse membership of the Wine Club to any applicant.
3. By registering as a member of the Wine Club, you agree to be bound by these terms and conditions.
4. Members must not use false or misleading information when registering as a member of the Wine Club.
5. Members receive:
6. Members authorise Nepenthe Wines to debit their nominated debit or credit card for the purchase of a mixed case of six Nepenthe Wines’ wines ("Club Pack") four times a year, and for any other wine orders placed by the member until such time as the membership is terminated in accordance with these terms. Wines are subject to availability.
7. If the member’s registered credit or debit card account is invalid, including an outdated expiry date, all membership benefits will be suspended until such time as valid credit or debit card account details are provided.
8. Nepenthe Wines reserves the right to increase Club Pack pricing at any time. Nepenthe Wines shall provide advance notice to members of any change in fees, where applicable.
9. Prices given for other wines (excluding the Club Pack) are effective as at the date on which the price is given and are subject to change in Nepenthe Wines’ discretion without notice.
10. Any times for delivery quoted by the Wine Club are approximate only and to the extent permitted by law the Wine Club shall not be liable to the member for the failure to supply or deliver the wines, if the failure to supply or deliver was outside of Nepenthe Wines’ control.
11. Deliveries will be delivered to the member’s specified delivery address. Nepenthe Wines has no liability whatsoever for any wine delivered to an address which has not been correctly recorded or updated by a member on the Nepenthe Wines website. Nepenthe Wines only ships to addresses in Australia, excluding to PO boxes.
12. All deliveries must be delivered to the member, another adult person at the delivery address specified by the member who undertakes to accept the delivery on the member's behalf, or in accordance with the member's instructions. Anyone at the member's delivery address who receives the delivery will be presumed by Nepenthe Wines to be authorised to receive the delivery on the member's behalf. Nepenthe Wines may request that the person who receives the delivery provide satisfactory evidence of proof of age. You acknowledge that it is an offence for liquor to be delivered to a person under the age of 18 years, or for a person under the age of 18 years to purchase liquor. Nepenthe Wines will refuse to deliver the delivery if the person receiving the delivery is unable or unwilling to provide evidence of proof of age.
13. All risk and title shall pass to the member and the member shall bear the risk of any loss, damage or deterioration of or to the wines from the time that the wines are delivered to the delivery address (including where the delivery address is unattended).
14. To the extent permitted by law, Nepenthe Wines excludes all liability for lost, stolen or damaged wine delivered to an unattended delivery address nominated by a member where Nepenthe Wines can establish that the wine was delivered to that nominated delivery location.
15. If a wine obtained through the Wine Club is damaged or faulty upon delivery (through no fault of the member), the member should provide Nepenthe Wines with written notice giving reasonable particulars of any such alleged damage or fault within 3 days of delivery.
16. Wines will not be accepted for exchange or refund if they have been damaged, opened, wholly or partially consumed or used after delivery (unless the basis for the request for an exchange or refund was not reasonably discoverable without opening or consuming the wine). The member acknowledges and agrees that no claim whatsoever shall be accepted by Nepenthe Wines (or any of its agents) for any damage to, or partial loss of, the delivery which occurred during transit where written notice is not provided within this period3 days of delivery. On accepting the member's claim, Nepenthe Wines will at its discretion replace or refund the goods and pay for any additional delivery charges.
17. Any heat damage due to wine being left outside after delivery will not be accepted by Nepenthe Wines as we cannot control the weather and it is up to the member to be responsible for their deliveries.
18. Wines will not be accepted for exchange or refund if members change their mind.
19. The member understands that it is their responsibility to inform Nepenthe Wines of any change in address and delivery details. Members may access or change their details by emailing [email protected] or modifying their Member Account on the Nepenthe Wines website. Charges incurred with recovery of wines to an old or incorrect address or re-delivery fees associated with wine that is returned to sender will be the responsibility of the member.
20. Wines are for members' personal consumption only and must not be used for retail sale or trade purposes.
21. The Nepenthe Wines website offers an online ‘Account’ facility to members (“Member Account”) which can be used by members to view and edit information, and perform certain functions, relating to their membership. Each membership is personal and non-transferable. Members must not share their password or permit any person to access their Member Account.
22. Members must ensure that the personal details (including delivery address, phone number, and billing information) provided to Nepenthe Wines is accurate and kept up to date. Members may update their Member Account details at any time through the Nepenthe Wines website. Nepenthe Wines is not responsible for any loss, damage or claim relating to information in the Member Account, including but not limited to loss, damage or claims which are caused by the member’s failure to update or provide accurate information.
23. Members may terminate their membership at any time by notifying the Wine Club in writing to [email protected]. If the member terminates their membership either prior to receiving their first order or within 10 business days’ of delivery of a subsequent order, the member will be required to pay for that order. All member benefits will cease upon cancellation of the membership
24. Personal information for all memberships will be collected for the purposes of operating and conducting the Wine Club. By joining the Wine Club, you consent to the use of your personal information by Nepenthe Wines for purposes including to receive news, promotional offers and other updates in relation to the Wine Club and Nepenthe Wines. Use of your personal information will occur in accordance with the Nepenthe Wines’ privacy policy available at nepenthe.com.au
25. Nepenthe Wines assumes no responsibility for any failure to receive any communications or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then Nepenthe Wines (where necessary with the approval of any relevant authority) may modify, cancel, terminate or suspend membership of the Wine Club.
26. Nepenthe Wines acknowledges that the Competition and Consumer Act 2010 (Cth), the state Fair Trading Acts and other equivalent legislation implies or imposes statutory guarantees, conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded (Non Excludable Terms). Nothing in these terms and conditions is intended to exclude or restrict the application of Non Excludable Terms. Other than the Non Excludable Terms, Nepenthe Wines excludes all implied terms in relation to these terms and conditions.
27. So far as the law permits, Nepenthe Wines excludes all liability for loss of profits, loss of revenue, loss of opportunity or consequential or indirect loss and limits its aggregate liability under or in connection with a member to the amount of fees paid by the member per annum.
28. Nepenthe Wines reserves the right, at its sole discretion, to vary the Wine Club terms and conditions. Should Nepenthe Wines vary the terms and conditions, it will notify the Member via the email address provided on the Member's Application AccountForm. Your continued participation in the Wine Club after such notification will constitute your deemed acceptance of such variations.
29. Nepenthe Wines reserves the right to request verification of age, identity, residential address of members and any other information relevant to membership or participation in the Wine Club. Verification is at the discretion of Nepenthe Wines whose decision is final
30. Nepenthe Wines reserves the right to suspend or terminate a member if Nepenthe Wines, acting reasonably, deems that a member is acting in breach of these terms and conditions or is using the Nepenthe Wines website or the Wine Club in a fraudulent or improper manner.
31.These terms and conditions are subject to the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the Courts of South Australia.
32. Any waiver by Nepenthe Wines under these terms and conditions must be in writing and signed by Nepenthe Wines. No failure, delay or the like by Nepenthe Wines shall affect its legal rights under these terms and conditions.
33. If any of provision of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
.34. Nepenthe Wines encourages members to drink responsibly.