Terms and Conditions
As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use.
1. ORDERING THROUGH THE JOSEF CHROMY WINES WEBSITE
When placing an order on our website, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true, correct and up to date. It is a condition of ordering and purchasing that you verify that you, and any recipient (as applicable), is 18 years or over. If you do not confirm that you, or the recipient (as applicable), is 18 years or over, your order will not be processed.
2. PERSONAL INFORMATION
3. ADDRESS FOR DELIVERY
You agree that the address to which we deliver is the address you gave for delivery as part of your order or any other address we may subsequently agree to accept as the delivery address. We cannot deliver unless all requested delivery details are provided to us when you place your order.
4. DELIVERY PRE-CONDITIONS
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
You agree that we may reasonably rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.
We will not deliver your order if we reasonably consider any delivery circumstances are unsuitable, including because any likely recipient of the ordered products appears to our delivery personnel to be:
- under the influence of alcohol or drugs;
- under the age of 18 years; or
- acting for or on behalf of a person who we consider may be unsuitable to accept delivery for any reason (including because they may be under 18 years).
We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
You must not purchase any products from us for the purposes of resale to any third party. If we have a concern with the quantity of products you have ordered from us or that you may be otherwise purchasing products for resale, we may contact you when you place the order or within a reasonable time after you submit your order to obtain further information. We also reserve the right to cancel your order if we believe, in our reasonable opinion, that you have purchased products for resale purposes.
5. DELIVERY TIMES
We will endeavour to deliver within the times nominated and paid for by you at the time of your order. You accept the risk that occasionally, due to circumstances outside of our control, deliveries may be delayed.
6. DELIVERY RETURNS/NON-COLLECTION
If we have attempted delivery of your order and it fails for any reason, we will return your products to our delivery depot. You can contact us to arrange a re-delivery or a re-direction to a different address by emailing us at firstname.lastname@example.org. If we do not hear from you or the recipient within 5 days from the initial communication, we reserve the right to cancel and refund your order.
You agree that we may return and refund your order where we were unable to deliver due to circumstances beyond our control. This includes but is not limited to circumstances where we have been provided an incomplete or incorrect delivery address, there is no access to your delivery address, the delivery address is unattended (this is limited to first-time orders) or where the “Delivery pre-conditions” set out at clause 4 above were not met.
7. CANCELLATIONS BY US
We may cancel your order (in whole or in part) before completion of delivery. We may do this even if we have received payment from you or have sent you a tax invoice. We will give you reasonable notice of the cancellation by contacting you via phone, text, or email. The circumstances in which we may cancel your order are as follows:
- if any of the ordered products are not available;
- if there was an error in the description of any ordered products, in which case we will contact you to confirm whether or not you wish to proceed with the order based on the correct description (including price) or you would prefer to receive a full refund;
- if your order is in breach of any other terms, or contrary to any person’s rights or the law;
- if these terms and conditions (for example under “Delivery pre-conditions” set out at clause 4 above) provide that we may not deliver your order.
In the event we cancel your order, we will send you notice of the cancellation and process the refund within 3-5 working days of the cancellation using the same card used by you for payment of the order.
8. CANCELLATIONS BY YOU
You agree that you cannot make changes to an order after it has been dispatched. If you wish to cancel your order so that you may place another amended order, please contact us via email at email@example.com.
You can cancel all or part of an order before it reaches the dispatch processing stage, in which case you will receive a refund on the products (including delivery fees, provided that there are no other products in the order that need to be shipped).
If an order has already been dispatched, cancellations are only possible if we agree to them (acting reasonably). We will make every attempt at accommodating your request. However, no guarantee can be given once an order has been dispatched.
If you have requested a cancellation but your order has already arrived, we may still be able to arrange a return. Conditions apply, please review our Returns Policy.
9. DELIVERY RECORDS
We may record all details relating to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph of the completed delivery. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, and complying with record keeping requirements under liquor licensing laws and law enforcement.
Provided we have acted on your delivery instructions, you agree that risk of loss or damage to products relating to your order passes on delivery. Subject to clause 6 above, risk also passes on delivery where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).
11. TITLE AND PLACE OF SUPPLY
You agree that title to the products you purchase (and the place of our supply of those products to you) occurs at the place where we dispatch the products to your order. We do not supply alcohol to you from places which are not licensed under applicable alcohol licensing laws, even though such other places may be the delivery location. Immediately on us making a refund to you for any products (less any amount you have agreed we may deduct, for example under “Delivery returns/non-collection” set out at clause 6 above or “Cancellations by us” and “Cancellations by you” at clauses 7 and 8 above) you agree that the title in those products shall pass back to us.
12. RETURNS AND REFUNDS
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
If a product you have purchased from Josef Chromy Wines is faulty, damaged (excluding damage caused by your misuse), wrongly described, or breaches a consumer guarantee, we will happily refund your money, exchange or, where possible, repair the product. If your purchase incurred a delivery fee, we will also cover the cost of delivery for the return. Please contact us via email at firstname.lastname@example.org for assistance.
13. NON-DELIVERY POSTCODES
In line with our commitment to the Responsible Service of Alcohol (RSA) and as a signatory of Retail Drinks Australia’s Online Code of Conduct, there are several postcodes in Australia to which we do not deliver under any circumstances.
Non-delivery postcodes include: 4605, 4713, 4816, 4825, 4830, 4871, 4874, 4875, 4876, 4892, 4895,5600,5601,5608,5609, 5680, 5690, 5700, 5701, 5710, 5723, 5724, 5734,6429, 6430, 6431, 6432, 6435, 6436, 6437, 6438, 6440, 6442, 6635, 6638, 6639, 6640, 6642, 6701, 6710, 6712, 6713, 6714, 6716, 6718, 6720, 6721, 6722, 6725, 6726, 6728, 6731, 6733, 6740, 6743, 6751, 6753, 6754, 6758, 6760, 6761, 6762, 6765, 6770, 6798, 6799, 0822, 0828, 0834, 0837, 0845, 0846, 0847, 0851, 0852, 0853, 0854, 0860, 0861, 0862, 0870, 0871, 0872, 0873, 0874, 0875, 0880 0881, 0885, 0886
Restrictions for delivery to postcodes 4825, 0800, 0810, 0820, 0850, 0832 are limited to the following addresses:
Alpurrurulam – Antyiper St, Alpurrurulam NT 4825
Railway Dam – Railway Dam, Darwin City NT (0800) 0850
Kulaluk – Kulaluk Access, Coconut Grove NT 0810
Bagot – Bagot, Eaton NT 0820
Minmarama Park – Minmarama Park, Ludmilla NT 8020
Palmerston Indigenous Community – Narilba Road and Palmerston Town Camp Access Road, Palmerston NT 0832
This list of non-delivery postcodes may be updated from time to time to reflect any changes made in each state and/or territory.
14. CHANGES TO TERMS AND CONDITIONS (INCLUDING DELIVERY CHARGES)
These terms and conditions may change or be suspended or terminated from time to time. These changes may relate, amongst other things, to our delivery charges. We will give advance notice of any such matters on our website. Continuing to use any Josef Chromy Wines facilities, including using or ordering from josefchromy.com.au after the period of advance notice will be deemed as your acceptance of the changed terms and conditions.
15. FREE DELIVERY
Free Delivery only applies to products that display the ‘Free Delivery’ badge at the time of placing your order. If an order contains a combination of Free Delivery and non-Free Delivery items, normal delivery charges will be applied for products that do not display the Free Delivery badge. For Free Delivery products, please be aware that the delivery charge is not removed until the payment page of the checkout.
16. WEBSITE CONTENT
Josef Chromy Wines may make changes to the materials and services on this website, or to the products and services described in them, at any time without notice. The materials and services on this website may at times become out of date, and Josef Chromy Wines makes no commitment to update the materials and services on the website within a specified time.
17. LIABILITY DISCLAIMER
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with our services, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and/or to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods and/or service.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
- You acknowledge that our sites (including this website and all mobile applications) are provided “as is” and that we do not make any warranty or representation as to the suitability of the sites, anything (including content and websites) to or from which the sites are linked or any product for any purpose;
- The content of the sites and all content to or from which the sites are linked do not constitute advice but are statements of opinion and should not be relied on as statements of fact in making, or refraining from making, any decision;
- We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the sites, the subject matter of our agreement with you and all content to or from which the sites are linked; and
- We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it, is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
We reserve the right to add, withdraw, reschedule or substitute event vendors and/or, where relevant, vary advertised programs, prices, venues and audience capacity.
By attending an event, you acknowledge that a photographer or videographer may be present and that you or your guests (if any) may be photographed or filmed. Photos or video taken at the event are our sole property and we have the right to use any such content on our website, social media platforms and other marketing or promotional materials. You acknowledge that you will not be entitled to any monetary or other compensation for such use.
For your health and safety and the health and safety of other event attendees, if you are feeling unwell, showing flu-like symptoms or have been in contact with someone who has tested positive to COVID19, we ask that you please not attend our events. Please contact email@example.com prior to the event if you are unable to attend due to illness.
For further terms and conditions relating to our Wedding and Event packages please see here.
19. WINE CLUB MEMBERSHIP
By joining our Wine Club you agree to our Wine Club Terms and Conditions. It is your responsibility to ensure that the selected Wine Club is suitable for you and you acknowledge that each tier of our Wine Club provides different products and services at different price points and different timings.
Last Updated: 27 October 2023
WINE CLUB TERMS & CONDITIONS:
By subscribing to the Josef Chromy Wines Wine Club you agree to be bound by these terms and conditions (Wine Club Terms & Conditions) which are to be read in conjunction with Josef Chromy Wines Terms and Conditions. If there are any inconsistencies between these terms, the Wine Club Terms & Conditions will prevail.
Josef Chromy Wines will send you regular deliveries of wines in line with the member subscription you have subscribed to.
You will automatically be charged for each order based on the billing cycle of your chosen subscription. Your subscription will automatically continue unless altered or cancelled in accordance with clause 4 below.
Please note that a cancellation fee of AU$50 applies if your subscription is cancelled prior to the first 12-month period commitment being met.
You can find the details of your subscription at any time in your Member account. If you have any trouble or need further information please email firstname.lastname@example.org.
Josef Chromy Wines reserves the right to limit sales to retail quantities. You are not permitted to resell products or use products for trade purposes.
We will notify you of your subscription order details and billing date prior to each delivery via a service email. You will be notified of your billing date 14 days prior to your nominated credit card being charged.
It is your responsibility to ensure that the correct contact details (delivery address and email address) are up-to-date. You can update your contact details through your Member account.
Except for those postcodes identified as ‘Non-delivery postcodes’, free standard delivery is available nationwide for all subscription boxes. Josef Chromy Wines reserves the right to modify or cancel the free delivery offer with at least 10 days’ notice to you.
All subscriptions are sent using Australia Post’s standard delivery.
3. Automatic Billing
Subscriptions are an ongoing service and will be automatically billed in line with the billing cycle of your chosen subscription.
No discount or offer can be applied to the cost of your subscription unless otherwise stated.
4. Altering or Cancelling
You may update your details through the Member account. However, to skip or cancel your subscription please email email@example.com or call 03 6335 8700.
Subject to “Cancellations by us” below, you are permitted to make changes at any time or cancel your subscription (after the initial 12-month membership period referred to in clause 1) prior to your next subscription being billed.
Skipping your subscription
You are permitted to skip your subscription delivery up to 3 days prior to your delivery subscription being billed. If you do not skip your subscription prior to this cut off, your subscription will be dispatched as per your delivery notification and your credit card will be charged. Your subscription box will follow the delivery instructions listed on your Member account.
Cancelling your subscription
If you wish to cancel your subscription you can do so at any time prior to your next billing date by calling us on 03 6335 8700 or emailing us at firstname.lastname@example.org. If you don’t cancel your subscription prior to your next billing date your subscription will be dispatched as per your delivery notification and your credit card will be charged.
As stated under clause 1, if you cancel your subscription in the first 12-month period of your membership a cancellation fee of AU$50 will apply.
Cancellations by us
As membership to the Josef Chromy Wines wine club is in high demand, if an order has not been processed for more than 2 years or you have skipped your subscription delivery at least 4 consecutive times, Josef Chromy Wines may, within its reasonable discretion, cancel your membership to allow others on the waiting list to join. Josef Chromy Wines will contact you via phone or email at least 14 days before cancelling your membership to ensure you are provided sufficient notice and opportunity to rectify.
5. Alternate Product
All products (including vintages of products) in subscription boxes are subject to availability. In some cases, products that were planned to be included in subscription boxes may become unavailable. If a product becomes unavailable, an alternative product of equal or greater value will be substituted at no additional cost.
Where a product has been substituted, tasting notes for the substituted product may not be available.
6. Payment Failure
If your subscription payment fails on the billing date for any reason (including but not limited to credit card expiry or invalid card details), we will not dispatch your subscription and will notify you via email. Attempts to retry payment will be made over the following week.
Our Wine Club Team may also attempt to contact you to assist you with updating your details and processing your payment. For assistance in updating your details, please contact us on 03 6335 8700 or email us at email@example.com.
To update your payment details online, login to your Member account and go to the “Credit Cards” section for each subscription.
Delivery after you have updated your payment method;
● Your payment will be deducted if you have correctly updated your payment details within 30 calendar days of the previous billing date and your subscription order will be sent;
● You will not receive your subscription order if you update your payment details more than 30 calendar days after the previous billing date. Your payment will not be deducted for this order. Your subscription will then continue as usual.
8. Changes to Terms & Conditions
Josef Chromy Wines reserves the right to modify or cancel subscriptions at any time with at least 7 days’ notice to you. This includes, but is not limited to, changing the prices of subscription boxes.