PRIVACY POLICY

Protecting your privacy is our top security concern.

Privacy Statement

Wine People Pty Ltd collects your personal information in accordance with our Privacy Policy, so that we can process your orders, provide and improve customer service, promote ours and our partner's products and services and maintain your online account. Without your information, we may not be able to provide you with services or information and you may miss out on receiving valuable information about us. We only disclose your personal information to our group members and third party service providers who may be located overseas including in UK and USA, and you consent to this disclosure. You have a right to access your personal information that we hold, and may request us to correct this. We may from time to time share your information with carefully screened companies. If you do not wish to receive information from these companies please advise us by letter, email or call our customer service team on the number below.

Privacy Policy Overview

Wine People Pty Ltd (ABN: 41 105 657 154) (Laithwaites, we, us, our), whose business address is Level 6, Suite 6.01, 1 Oxford Street, Darlinghurst NSW 2010 Australia, is a member of the UK based Direct Wines Group Ltd global network.

Laithwaites, operating in Australia, is committed to protecting your privacy and we are bound by the Privacy Act 1988 (Cth), which sets out the Australian Privacy Principles (APPs) concerning the personal information privacy of individuals.

This Privacy Policy explains how Laithwaites collect and handle your personal information. By providing us with your personal information, you consent to us using and disclosing it for the purposes set out in this Privacy Policy.

Our functions and activities

We collect, hold, use and disclose your personal information for the purposes of:

• Providing and administering our services and products including for verifying your identity, processing and delivering your orders and providing customer support;
• Providing you with information regarding your account activity and purchases;
• Distributing our newsletters and other communications either alone or with the assistance of third party service providers on information about us and our products and services;
• Providing you with marketing services, including running competitions and promotions, and making offers based on your wine preferences;
• Informing and conducting marketing activities including to promote our products and services;
• Conducting research about your interests and attitudes towards our products and services to improve our products and services, marketing activities and customer experience;
• Assessing the performance of our websites and improve the operation of the websites;
• Performing data analyses and generating customer insights which may include combining personal information from reputable data sources and public sources of information;
• Managing and carrying out our business and operational functions, including HR management and business decisions; and
• Maintaining our records and to comply with our legal obligations.

How do we collect information?

Personal information is any information about you, from which you can be identified. The types of personal information that we collect about you will depend on our relationship with you, the circumstances of collection and the type of products and service you request from us.

Personal information we collect about you might include your name, date of birth, postal address, email address, telephone number and payment and order processing information. We may collect additional personal information from you from time to time.

Where we can, we will collect this information directly from you. For example, when you contact us to make an enquiry, sign up for email offers, become a member, complete one of our forms, place an order to purchase from us, provide us with your details over the phone or otherwise use our services, purchase our products and provide us with information.

We generally do not collect sensitive information about you, unless you provide it to us voluntarily. For example, when you interact with one of our call centre operators, you may provide sensitive information such as racial or ethnic origin, sexual orientation or health information. You consent to us collecting sensitive information which you provide to us voluntarily. If you provide us sensitive information, we will treat it as personal information and handle it in accordance with this Privacy Policy.

As well as collecting information directly from you, there may be occasions when we may collect information about you from other people or organisations, including third parties that provide marketing leads, marketing and data analysis services to us, and from publicly available sources of information. We may combine this information with information we already have about you to help us understand trends, attributes, behaviour and preferences. Where we receive information about you indirectly from third parties, we require that the third party has collected and shared that information in accordance with the Privacy Act.

We also collect general information about you when you use our websites. This might include your geo-location, IP address, the browser and operating system you are using, and details of websites that IP address has come from, the pages accessed on our website and the next website visited.

We also use cookies, which are small data files placed on your computer that allows our website to “remember you” when you return to our website. We do this to monitor visitor traffic information and actions on our website, maintain, secure and improve our websites and enhance your experience when using our website. This information is aggregated and anonymous, and will not be used to personally identify you. If you want to prevent cookies being used, you can change your browser settings to disable cookies. However, you may not be able to access all or parts of our websites, or you may experience reduced functionality when accessing certain services.

You don’t have to give us all the information we request. However, if you do not provide us with some or all of the personal information required, we may not be able to provide you with the products and services or information you request, to the requested standard or at all, and you may also miss out on receiving valuable information about us and our products and services.

How do we use and disclose this information?

Laithwaites is part of the Direct Wines Group Ltd global network based in the UK and we may share information, including personal information, within our network companies due to shared infrastructures.

We use a range of third-party service providers to help us deliver our goods and services to you including customer support, web-based marketing and sales, warehousing and fulfilment, mailing, courier and print services, IT, web hosting, data storage, payment processing, back-up, and data analysis services. Some of our third-party service providers may also be located overseas.

We may be required by law to disclose certain information from time to time.

As well we may from time-to-time share customer data with trustworthy third parties for any of the previous outline activities including marketing. They will always be reputable companies that have interesting products and services they wish to promote to you.

We require that all third parties, to whom we disclose personal information or who may have access to personal information, have appropriate controls to protect your personal information in a manner that is consistent with our Privacy Policy, including in relation to security and confidentiality. They must only use your personal information for authorised purposes.

Direct Marketing

Laithwaites 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 opt out. If you are receiving email communications from us, there will be a mechanism to opt out contained in each of those emails. Please allow upto 5 working days for changes to be made. To stop receiving other communications from us, you can contact us via any of the channels listed below.

If you choose to opt out of all direct marketing communications, please note that Laithwaites may still contact you for other reasonable purposes, including information that Laithwaites is legally required to send, notifications of changes to Laithwaites products and services or policies and information regarding the use, rights, benefits or obligations of customers of our products and services.

How do we protect personal information?

Laithwaites holds your personal information both electronically and in hard copy. Electronic data is stored on secure databases operated by third party service providers and some hard copy files are held at our secured offices.

Laithwaites takes the security of your personal information very seriously, and we implement a range of technical, administrative, personnel and physical measure to safeguard your personal information against loss, misuse, interference and unauthorised access, modification and disclosure. All information (including credit card details) is sent and received using the latest in secure e-commerce software.

Changes to this Privacy Policy

Laithwaites reserves the right to make amendments to this Privacy Policy at any time. Any revised Privacy Policy will take effect when it is posted on our website. To the extent practicable, Laithwaites will give you reasonable notice in writing (which may be by e-mail) of any such changes to the Privacy Policy that are material to your use of our services and purchase of our products. By continuing to use our services and purchase our products you will be taken to have accepted such changes.

Access to your information

It is important to us that the information we hold about you is up-to-date, accurate and complete, and we will try to confirm your details through our communications with you and promptly add updated or new personal information to existing records when we are advised. If any of your details change, please notify us as soon as you can. If you believe we are holding information about you that is inaccurate, incomplete, irrelevant or misleading, you can ask us to correct it, or delete it altogether.

If you would like to access your personal information, or request us to update, correct or delete it, you can do so by contacting us in writing and verifying your identity. We will do our best to respond to your request within 30 days.

We will only refuse access in exceptional circumstances, and if this is the case, we will advise you of our reasons for doing so.

We may charge a fee for searching for, and providing access to, your information on a per request basis.

Complaints

If you have a complaint about how we handle your personal information or you believe that Laithwaites has breached the APPs, you can contact us in writing.

We take your complaints seriously. We will attempt to resolve your issue quickly and fairly.

If we cannot resolve your complaint to a satisfactory standard, you can lodge a complaint to the Office of the Australian Information Commissioner.

Contact Us

If you require any further information or have any questions about this Privacy Policy or if you wish to access or correct your personal information or make a complaint about our handling of that information, please contact our Privacy Officer by any of the following means.

Australia

Email: privacy@laithwaites.com.au

Post: Laithwaites - Privacy, PO Box 665, Strawberry Hills NSW 2012

Phone: 1300 362 629 (during business hours Monday to Friday)

Fax: 1300 764 928

Last Updated: 21 October 2021

TERMS AND CONDITIONS OF SALE

Wine People Pty Ltd (ABN: 41 105 657 154) (Laithwaites), whose business address is Level 6, Suite 6.01, 1 Oxford Street, Darlinghurst NSW 2010 Australia is a member of the UK based Direct Wines Ltd.

These Terms and Conditions of Sale (Terms and Conditions) apply if you want to purchase products from us via our website, coupons, catalogues, call centre or any other form of order (Sites). These Terms and Conditions should be read alongside and are in addition to our Terms and Conditions of Website Use and our Privacy Policy.

These Terms apply to Laithwaites (collectively Laithwaites, we, us, our) in respect of each company's operations.

Please read these Terms and Conditions carefully before purchasing products from us and print and keep a copy of them for your reference. We may change the content of the Sites from time to time, including the Terms and Conditions. By using the Sites (by whatever means or device) you agree that you have read, understood and accept these Terms and Conditions (as amended from time to time). If you do not agree to be bound by these Terms and Conditions, you may not place an order with us.

1. Contract creation

The placing of an order anywhere on our Sites does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the 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” section below. A contract is not formed at the point in time that payment has been taken from you by Laithwaites nor at the point when you receive an email from Laithwaites acknowledging receipt of your order.

• Laithwaites non-acceptance of an order may be a result of one of the following: The product(s) you ordered being unavailable from stock;
• Our inability to obtain authorisation for your payment;
• Our inability to verify that you are aged over 18;
• The identification of a pricing or product description error; or
• The repeated or fraudulent use of promo or coupon codes.

2. Prices

All prices are quoted in Australian Dollars on Australian Sites and may be per bottle or per case, as marked. Unless indicated otherwise, the prices include GST. Any delivery charges are additional, unless otherwise specified. Laithwaites accepts Visa, Mastercard, American Express and cheques.

Although we endeavour to ensure that all pricing information on our Sites is accurate, occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before dispatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is 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 without notice 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, without notice.

3. Availability

All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. Occasionally we have to substitute wines for another vintage or an alternative wine of equal or greater value. If you are unhappy with any substitutions you receive we will arrange collection at our cost.

4. Delivery

We deliver to most addresses in Australia. 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 Laithwaites 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.

5. Named Day Delivery

What is Named Day delivery option? And how does it work?

Our Named Day delivery service offers you the choice to select a named delivery date that suits you best (Monday-Friday, delivery not available on weekends or public holidays). If an eligible order is placed before 3:00 pm, you can choose to have your order delivered the next day (if ordered on a Friday, delivery will be the following Monday) or date up to 21 days in advance. You can select an afternoon or evening slot.

Note: Named Day delivery service is only available for Australian customers within the Sydney Metro area only (subject to selected postcodes and availability) and is not available for delivery on PO Boxes.

How much does the ‘Named Day’ delivery cost?

The Named Day Delivery service costs an additional $6.50 per case on top of our standard Sydney Metro postage rate of $11.99. If you’re an Unlimited Member, standard delivery is free, so you only need to pay $6.50 per case to access this service.

Are there any products not available for Named Day Delivery?

Our Wine Subscriptions aren’t available for Named Day Delivery. Our expert team of Wine Buyers are busy selecting the very best wines for your next Wine Subscription delivery and we cannot guarantee all your wines will be ready earlier than your regular Wine Subscription delivery date.

What happens if a product in my order is out of stock?

If an item in your order suddenly becomes out of stock or unavailable, we will contact you to organise a replacement of a similar item or issue you a refund. We try our very best to ensure this doesn't happen but please note, stock issues may occur and impact your delivery.

Do I need to sign for my Named Day delivery?

Yes. For all Named Day delivery orders, you must be present at the nominated delivery address to sign for and receive the order. A valid form of ID must be presented upon delivery as you must be over the age of 18 to place an order.

What happens if I am not home to receive my delivery?

If you’re not home to receive your order, we will attempt to re-deliver the following day.

Please note: Next Day and Named Day delivery service is subject to availability. While we always aim to provide you with the best possible service, we may need to disable these services at times when capacity is not available.

6. Laithwaites Unlimited Membership

This clause applies to Laithwaites Unlimited Membership (Unlimited Membership). By paying one flat annual or monthly membership fee, the Unlimited Membership gives you unlimited delivery on all purchases (including wine subscriptions) for the duration of your membership (12 months or 1 month), to up to 5 different delivery addresses. Unlimited membership is not available in country areas, and we cannot accept orders or deliver to the Northern Territory. An additional postage surcharge will apply to any case/order shipped to an area where Unlimited membership is not available. These areas include WA Country Near (postcodes 6215-6699) additional $5 postage surcharge. WA Country Far (postcodes 6700-6797), WA External Territory (postcodes 6798-6799), Norfolk Island (postcode 2899), Australian Antarctic Territories (postcode 7151) will all incur an additional $15 postage surcharge. Unlimited does not include named and next day delivery (check the website or with a customer service agent for applicable charges at the time of purchase).

Unlimited Membership is only available to customers aged 18 years or older and is not available for corporate customers. You must also have an account with Laithwaites to sign up for and use our Unlimited Membership.

Please note that the placing of an order for an Unlimited Membership does not constitute a contract. Your Unlimited Membership contract will only come into existence once we have written to you to confirm acceptance of your membership. This contract is between you and us. Nobody else has any rights under these Terms and Conditions or any rights to enforce these Terms and Conditions, and you may not transfer the rights, benefits or obligations under your Unlimited Membership to another person unless we agree to this in writing.

At the end date of your Unlimited Membership or trial period, unless you notify us in your account online or by contacting our Customer Services team using one of the methods in the “Contact Us” section below, that you would like to cancel your membership before the next due date of your renewal fee, we will automatically renew your Unlimited Membership for the applicable membership period and fee you selected at time of purchase/trial (“Annual” or “Monthly”), from the credit card/payment method registered with your account on expiry of each membership.

We may terminate your Unlimited Membership or decide not to automatically renew it, with immediate effect and without notice to you if:

• we do not receive payment from you in respect of your Unlimited Membership;
• you are not eligible for membership;
• you do anything which is in breach of these Terms and Conditions; or
• you do anything which is illegal or harmful to our interests.

If we terminate your Unlimited Membership for any of the above reasons, we will retain the price paid for your membership as compensation.

We may also decide to not automatically renew your Unlimited Membership by giving you at least 2 weeks notice in writing prior to the end of your current membership if we cease offering membership to our customers.

We may make changes to the Unlimited Membership from time-to-time. If these affect you we will notify you in advance.

Unlimited Monthly Competition

To be eligible for the Unlimited monthly competition, you must have an ‘Active’ Unlimited Membership at the time of the monthly draw. The draw will take place on the fourth Friday of each calendar month (excluding Public Holidays, whereby the draw will take place at the earliest convenience). Winners will be notified by our Customer Service Team within one week of the draw date, and the prize will be dispatched within two weeks. Prizes are not transferable or exchangeable and cannot be taken as cash. Value of the monthly prize will not exceed $1000.

Competition is open to Australian residents with an ‘Active’ Unlimited Membership in NSW, VIC, ACT, WA, SA, TAS and QLD only (Unlimited exclusion zones are not eligible to have an active Unlimited membership). You must be 18 years or over.

7. Wine Subscriptions

This clause applies to Wine Subscriptions. Wine Subscriptions provide the convenience of regular wine deliveries, available every 8 or 12 weeks depending on your chosen frequency. We also offer annual Wine Subscriptions on select offers, including through our exclusive Vineyard Partner Subscriptions. Our 12 week Wine Subscriptions include a special additional case at Christmas and you will be notified prior to the Christmas case being dispatched or your nominated payment method being charged. Tasting notes for each case are available for you to view in your online account.

The nominated payment method that you used to pay for the introductory case will be charged for all future Wine Subscription cases. Your case will be delivered to the address we have on record for you and it's your responsibility to ensure that the contact details we hold on record for you (address and email address) are up-to-date.

There is no obligation to take further cases - you can miss a case or cancel your Wine Subscription at any time.

• If you want to make any changes you can:
• Change the delivery date;Change the frequency of your Wine Subscription;
• Change Individual wines on selected Wine Subscriptions
• Update your wine preferences.

If we don't hear from you by the date stated in our notification, we will dispatch a case to you and charge your nominated payment method as agreed. If you have received a case and do not wish to retain it, you can cancel it in accordance with the instructions set out in the "Cancellations, Replacements and Refunds" section below.

We may make changes to your Wine Subscription from time-to-time. If these affect you we will notify you in advance.

8. Cancellations, Replacements and Refunds

If you buy any of our wines and it is faulty or you don't like a bottle, please see our Quality Guarantee section below.

If you change your mind about some or all of your order, you may also 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 and reimburse the appropriate sum paid including delivery costs within 14 calendar days after the day on which you tell us that you wish to cancel.

However, if you handle the goods whilst they are in your possession in a way which would not be permitted in a shop (for example, by opening a bottle of wine or removing a seal), we will reduce your refund to reflect the reduction in the value of the goods.

Please let us know if you wish to cancel an order by contacting our Customer Services team using one of the methods in the “Contact Us” section below. If you are e-mailing us or writing to us please include details of your order to help us identify it.

All refunds given will be made by the same payment method you originally used to make payment.

9. Quality Guarantee

As we're so confident about all of our wines we are happy to replace or refund any bottles of wines which are faulty or that you don't enjoy, subject to the following conditions:

• If a bottle of wine is faulty If a bottle of wine is corked, oxidised or appears otherwise out of condition, provided it is still within the recommended drink date and has been stored in suitable conditions, 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 if you prefer we will refund you an amount equal to the value of the bottle. We reserve the right to ask you to provide evidence of the fault and/or to collect the faulty bottle for inspection (at our cost).
• If a bottle of wine is not faulty but you did not enjoy it.
• If, having opened a bottle, the wine was not to your taste, provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the bottle with a bottle of another type of wine which is of equivalent value. Alternatively, if you prefer we will refund you an amount equal to the value of the bottle. 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 value or if you prefer, give you a refund for an amount equivalent to their value.
• You contact us within 90 days of receiving your order

If you don't enjoy any of the wines or suspect that they may be faulty 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.

This Quality Guarantee is in addition to, and does not affect, your legal rights in respect of any of our products or services (for example, if any of our products are not of satisfactory quality). In particular, we are under a legal duty to supply goods that are in conformity with this contract. You have certain legal remedies if we breach these rights. To exercise your legal rights, please contact our Customer Services team using one of the methods in the “Contact Us” section below.

10. 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.

11. Promotions

From time to time we may offer free delivery on selected products or purchase quantities. All such offers are governed by the advertised terms and conditions accompanying each offer.

Unless otherwise stated, promotional (promo) or coupon codes are non-transferable, cannot be used in conjunction with another offer, may not be sold at auction and have no cash alternative. Promo or coupon codes are for single use only and may only be redeemed once per household and credit card. Terms and conditions accompanying the specific promo or coupon code may apply. Where a promo or coupon codes is used in breach of the above conditions we reserve the right to refuse to supply wines to you or to make a charge equivalent to the value of the promo or coupon codes against the payment card used on the contravening order or take steps to redeem the products as we deem appropriate. A charge may be made to cover the cost of recovery of the products.

We reserve the right to terminate a promotion, cancel a promo or coupon code or alter its terms and conditions at any time without notice.

12. Virgin Velocity Frequent Flyer Membership

You can earn Virgin Velocity Frequent Flyer Membership Points by shopping with Laithwaites. To receive two Velocity Frequent Flyer Points per dollar spent, quote your Virgin Velocity Frequent Flyer Membership number when placing your order. You must be a Laithwaites account holder and a Virgin Velocity Frequent Flyer member to earn points.

13. 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.

If you are a corporate partner or would like to hear about corporate partner opportunities, please contact us on tracy.ayres@laithwaites.com.au

14. 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. Laithwaites 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 ID. In the event that 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.

15. Fraud and Crime Prevention

For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, 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.

16. Intellectual Property Rights

In these Terms and Conditions, Intellectual Property means statutory and other proprietary rights in respect of trademarks, patents, circuit layouts, copyright, confidential information and all other rights with respect to intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967.

All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks and any other present and future Intellectual Property rights and rights in the nature of Intellectual Property rights existing in and to the Sites including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms and Conditions shall be construed as an assignment to you of any such Intellectual Property rights.

Any use (including copying, reproduction, duplication, transmission, or display of the content of the Sites, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.

Permission is granted to electronically copy and to print in hard copy, portions of the Sites for the sole purpose of placing an order with us or using the Sites as a shopping resource.

17. Privacy and data protection

We collect and process information about you in accordance with our Privacy Policy. By using the Sites you consent to such collection and processing and you warrant that all data provided by you is accurate.

18. Risks, warnings and storage conditions

You should be aware of the following inherent risks and warnings in respect of our products:

• Alcohol should be consumed in moderation.
• A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.
• Red wine in particular may cause staining if spilt so extra care should be taken.
• Sparkling wines and champagnes can be volatile due to the build-up of gasses. Extra care should be taken when opening these.
• The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.

19. Limitation of Liability

We have taken all reasonable care in the preparation of the content of our Sites. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Sites or their contents (including, without limitation, its accuracy or any views or comments made).

You warrant and represent that you have not relied on any term, undertaking, inducement or representation made by, or on behalf of, Laithwaites which has not been expressly stated in these Terms and Conditions.

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Nothing in these Terms and Conditions excludes or limits Laithwaites’s liability that may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations that are lawful in your jurisdiction apply to you and Laithwaites’s liability is limited to the maximum extent permitted by law.

Laithwaites excludes, to the maximum extent permitted by law, all (direct and indirect) or consequential liability that may arise as a result of the supply of specific goods and services under these Terms and Conditions arising under any theory of liability, including negligence.

Laithwaites 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 as a result of:

• Your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner;
• Your failure to comply with the recommendations set out in the “Risks, warnings and storage conditions” section above;
• Any spillages or breakages involving one or more of our products, unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective; or
• Your cause or contribution to the loss, damage or costs.

Laithwaites excludes, to the maximum extent permitted by law all implied rights, remedies, guarantees, conditions and warranties of or in favour of you or a third party in respect of the supply of specific goods and services under these Terms and Conditions and in particular, if any term, condition or warranty is implied into these Terms and Conditions and cannot be excluded, then the warranty will be limited as determined by Laithwaites in its sole discretion to:

• in the case of goods, any one or more of the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; and
• in the case of services, the supplying of the services again (directly or indirectly) or the payment of the actual cost of having the services supplied again.

Laithwaites 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 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. Laithwaites is not responsible for any delay in, or failure of, the 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.

20. Indemnity

You must indemnify Laithwaites against any claims, complaints or liabilities of any nature arising out of or in connection with your breach of these Terms and Conditions or any negligence, reckless or wilful act or omission by you or any person you are responsible for with respect to any non-compliance with laws and regulation or the violation of the rights of any third party.

21. Contact us

If you have any questions regarding orders or any general enquiries please do let us know by:

Australia

Email: customerservice@laithwaites.com.au

Post: Laithwaites Customer Service, PO Box 665, Strawberry Hills NSW 2012

Phone: 1300 362 629

22.General

Amendments

We may update or amend these Terms and Conditions from time to time to comply with the law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the website. By continuing to use the Sites or purchasing products from us, you agree to be bound by the Terms and Conditions and any updates and amendments.

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 the enforceability of the remaining provisions.

No Waiver

The failure or neglect by Laithwaites 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 and Conditions of Website 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.

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Last Updated: 08 August 2023

TERMS AND CONDITIONS OF WEBSITE USE

Wine People Pty Ltd (ABN: 41 105 657 154) (Laithwaites), whose business address is Level 6, Suite 6.01, 1 Oxford Street, Darlinghurst NSW 2010 Australia is a member of the UK based Direct Wines Ltd.

These Terms and Conditions of Website Use (Terms) apply if you want to use our website (www.laithwaites.com.au). These Terms should be read alongside and are in addition to our Terms and Conditions of Sale and our Privacy Policy.

These Terms apply to Laithwaites (collectively, Laithwaites, we, us, our) in respect of each company's operations.

Please read these Terms carefully before using the website and print and keep a copy of them for your reference. We may change the content of the website from time to time, including the Terms. By using the website (by whatever means or device) you agree that you have read, understood and accept these Terms (as amended from time to time). If you do not agree to be bound by these Terms, you may not use or access the website.

1. Use of the Website

To comply with licensing and other legislation, the website is only available to those aged 18 years and over. By using the website, you agree that you are aged 18 or over. If you are not, you must not use the website. We will ask you to enter your date of birth before making any purchases.

You agree to use the website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the website.

Access to the website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the website without notice.

You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your Internet connection are aware of these Terms and that they comply with them.

2. Your Account on the Website

Some areas of the website may require you to register an account with us in order to use the services or purchase products. By registering you agree that:

• The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
• You will notify us immediately of any changes to the personal information by updating your details within the "My Details" section within your online account or by contacting our Customer Services team using one of the methods in the "Contact Us" section below.
• You must ensure that your account details used to access the website are kept in a safe and secure manner and you should contact us if you are or become aware that there is or has been an unauthorised use of your account, or any other security breach relating to your account.
• You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information.
• If any information provided by you is untrue, inaccurate, not current or incomplete or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the website or your account.

3. User Comments and Content on the Website

You may post reviews, ratings, messages, comments and other content which may be disclosed, submitted or offered to us on or through the website or otherwise (Submissions).

This right is extended on condition that the Submissions are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of Intellectual Property rights, or otherwise injurious to third parties, or objectionable. Specifically, Submissions should not include software viruses, malware, political campaigning, commercial solicitation, chain letters or mass mailings. You are solely responsible for your Submissions. We reserve the right, but not the obligation, to remove or edit any Submissions.

If you disclose, submit or offer any Submissions, unless indicated otherwise, you:

• Grant us a non-exclusive, irrevocable, perpetual, royalty-free and fully sub-licensable right to use, reproduce, publish, modify, adapt, translate, distribute, create derivative works from, and display such Submissions throughout the world in any media.
• Grant us and all sub-licensees the right to use the name that you submit in connection with such Submissions, if we so choose.
• Agree to waive your right to be identified as the author of such Submissions and your right to object to derogatory treatment of such Submissions.
• Represent and warrant that you own or otherwise control all of the rights to the Submissions; that, as at the date the Submission is disclosed, submitted or offered to us, such Submission is true, accurate and not misleading; use of the Submission will not cause injury to any person or entity (including that it is not defamatory), does not include the trade secret or confidential information of others and does not infringe any other person's or entity's rights. You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.

These Terms also govern any Submissions you make on any of our related third party websites or pages such as our Facebook page, Twitter, YouTube or other social networking sites. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of us or our employees and we are not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and the third party social networking sites' terms of use, as applicable.

4. Intellectual Property Rights

In these Terms, Intellectual Property means statutory and other proprietary rights in respect of trademarks, patents, circuit layouts, copyright, confidential information and all other rights with respect to intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967.

All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks and any other present and future Intellectual Property rights and rights in the nature of Intellectual Property rights existing in and to the website including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such Intellectual Property rights.

Any use (including copying, reproduction, duplication, transmission, or display of the content of the website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.

Permission is granted to electronically copy, and to print in hard copy, portions of the website for the sole purpose of placing an order with us or using the website as a shopping resource.

5. Privacy and data protection

We collect and process information about you in accordance with our Privacy Policy. By using the Sites you consent to such collection and processing and you warrant that all data provided by you is accurate.

6. Limitation of Liability

We have taken all reasonable care in the preparation of the content of the website. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the website or their contents (including, without limitation, its accuracy or any views or comments made). Access to and use of the website and content on the website is entirely at your own risk. The website is provided ‘as is’ and ‘as available’. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the website.

Information transmitted via the website will pass over public telecommunication networks. We make no representation or warranty that the operation of the website will be uninterrupted or error free and we will not be liable to you if for any reason the website are unavailable at any time or for any period or if there are any errors. The website may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.

You warrant and represent that you have not relied on any term, undertaking, inducement or representation made by, or on behalf of, Laithwaites which has not been expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Nothing in these Terms excludes or limits Laithwaites’s liability that may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations that are lawful in your jurisdiction apply to you and Laithwaites’s liability is limited to the maximum extent permitted by law.

Laithwaites excludes, to the maximum extent permitted by law, all (direct and indirect) or consequential liability that may arise as a result of your use of, or inability to use, the website; or your use of or reliance on any content displayed on the website, however arising under any theory of liability, including negligence.

Laithwaites excludes, to the maximum extent permitted by law all implied rights, remedies, guarantees, conditions and warranties of or in favour of you or a third party in respect of your use of the website and in particular, if any term, condition or warranty is implied into these Terms and cannot be excluded, then warranty will be limited as determined by Laithwaites in its sole discretion to:

• in the case of goods, any one or more of the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; and
• in the case of services, the supplying of the services again (directly or indirectly) or the payment of the actual cost of having the services supplied again.

Laithwaites limits its aggregate liability under or in connection to the supply of specific goods and services under these Terms to the GST exclusive aggregate price paid 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 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.

7. Indemnity

You must indemnify Laithwaites against any claims, complaints or liabilities of any nature arising out of or in connection with your breach of these Terms or any negligence, reckless or wilful act or omission by you or any person you are responsible for with respect to any non-compliance with laws and regulation or the violation of the rights of any third party.

8. Termination

We reserve the right to suspend your use of the website at any time for operational, regulatory, legal or other reasons. We may terminate your use of the website and/or your account with us with immediate effect if you breach any of these Terms.

9. Contact us

If you have any questions regarding use of the website or any general enquiries please do let us know by:

Email: customerservice@laithwaites.com.au

Post: Laithwaites Customer Service, PO Box 665, Strawberry Hills NSW 2012 Phone: 1300 362 629

10. General

Amendments

We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the websites. By continuing to use the websites, you agree to be bound by the Terms and any updates and amendments.

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 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 will not affect enforceability of the remaining provisions.

No Waiver

The failure or neglect by Laithwaites to enforce any of its rights under these Terms 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. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms without our prior written consent.

Whole Agreement

These Terms, the Terms and Conditions of Sale 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.

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Last Updated: 21 October 2021

Competitions

By entering any competition or giveaway run by Laithwaites Australia (“Laithwaites”) on Facebook, Instagram or any other social media platform, you confirm that you have read, understood and agree to these terms and conditions.

Eligibility:

• Entry is only open to Australian residents aged 18 years and over, excluding residents of the Northern Territory.
• Due to liquor laws, this giveaway is not open to residents of New Zealand
• Valid photo identification will be required to claim any prize.

How to Enter:

• Entrants must follow the instructions outlined in the relevant competition post on Laithwaites’ official social media channels.
• Multiple entries are permitted where stated (e.g. one comment tag = one entry).
• Entries must be submitted by the closing date and time specified in the competition post. Late or incomplete entries will not be accepted.

Competition Period:

• Opening and closing dates will be clearly stated on the relevant competition post.
• All times are listed in AEST/AEDT as applicable.

Prizes:

• Prize details, including the total prize pool and inclusions, will be set out in the competition post.
• The specific wines included in the prize cases will be selected at Laithwaites’ sole discretion.
• The wine prize will be delivered by Laithwaites Australia.
• Prizes are not transferable, refundable, or redeemable for cash.
• Prizes will be delivered in a timely manner; however, delivery timeframes are at Laithwaites’ discretion.
• Prizes will not be awarded (nor will wine be delivered to) persons under the age of 18 years.

Winner Selection & Notification:

• Winners will be drawn at random as specified in the competition post.
• The winners will be contacted by Laithwaites Australia for age verification purposes.
• Laithwaites will endeavour to notify the winner via Instagram direct message (DM).
• Laithwaites will never ask a winner for their bank account details as part of the prize claiming process.
• If a winner cannot be contacted or does not respond within 5 business days, Laithwaites reserves the right to redraw the prize without liability.
• Laithwaites reserves the right to contact winners through other reasonable means if necessary.

Consent & Publicity:

• By entering, you consent to Laithwaites using your name, social media handle, entry content and/or images for promotional purposes, including reposting on Laithwaites’ channels, without further payment or compensation.

Responsible Service of Alcohol:

• Alcohol prizes will only be delivered to persons aged 18 years or over. ID will be checked on delivery.
• Laithwaites encourage the responsible consumption of alcohol.

General:

• Laithwaites reserves the right to verify the validity of entries and to disqualify any entrant who submits an entry not in accordance with these terms or who tampers with the entry process.
• This competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other social media platform.

If you have further questions, our customer service department is always happy to help. You can call us at 1300 663 803 (lines open Monday-Friday 8am-6pm AEST). To contact us via email, please write to customerservice@winepeople.com.au.

Influencer Code Promotion

Receive $45 off on any order over $169 sitewide, excluding gift cards, wine plan offers new customer offer cases, Laithwaites Wines Gift cards, Bottles and cans 250ml or less, Advent Calendars, Champagne and Spirits and wines with an RRP over $50. Offers do not include delivery.

Only available to new customers on their first order.

Orders will not be accepted (nor will wine be delivered to) persons under the age of 18 years.

The promo code is not redeemable for cash and cannot be used in conjunction with any other special discounted offer, pre-sale, voucher or for any wine plan or subscription purchase. Only redeemable online at www.laithwaites.com.au. Laithwaites has the right to reasonably reduce, extend or vary offer terms and conditions without notice. Our full Terms and Conditions of Sale apply to this offer and are available here: terms

Influencer 2025 Wine Advent Calendar Promotional Codes

Influencer 10% off promo codes are only valid on the 2025 Wine Advent Calendar.

Excluding all other wines, wine plan offers, new customer offer cases, Laithwaites Wines Gift cards, Bottles and cans 250ml or less, Champagne and Spirits. Offers do not include delivery. This voucher is not redeemable for cash and cannot be used in conjunction with any other special discounted offer, pre-sale, voucher or for any wine plan or subscription purchase. Only redeemable online at www.laithwaites.com.au. Only available on the first order. Promo codes must be entered into the promo code field during checkout for discount to apply and only valid for that transaction. Orders will not be accepted (nor will wine be delivered to) persons under the age of 18 years.  Code is valid until 1/1/2026. Laithwaites has the right to reasonably reduce, extend or vary offer terms and conditions without notice. Our full Terms and Conditions of Sale apply to this offer and are available here: terms.