These Terms and Conditions set out the specific terms that govern the above promotion and apply in addition to the terms and conditions that apply to your use of our website (https://www.winesmiths.com.au/) and in addition to our Privacy Statement (https://www.winesmiths.com.au/helpful-things/privacy-policy.html).
1. Offer is valid from 5/12/2024 12:00am ACDT – 19/12/2024 11:59pm (Promotion Period).
2. Offer is valid on www.winesmiths.com.au.
3. Offer is valid across selected products. Purchase four (4) Premium Winesmiths wines and receive a free Pelli Bag. WHILE STOCKS LAST.
4. For the Online Channels: [Prompt to add bonus product to card will be displayed once criteria has been met.] Orders on the Online Channels will be confirmed upon [confirmation of stocks].
5. Offer is not redeemable for cash and is not valid in conjunction with any other offer. No discounts, vouchers or discount codes may be used.
6. Offer is not valid for third party retailers of Smith’s Wine Store products. This offer cannot be redeemed against prior purchases. Offer can be redeemed multiple times throughout the Promotion Period.
7. All items returned in line with the returns policy will be refunded at the transaction cost. Free products will not be applied to repurchases made after the end of the Promotion Period, which will be at the prevailing advertised price at the time of repurchase. We do not facilitate product exchange for purchases on the Online Channels, please refer to our Returns Policy for more information.
8. For the Online Channels: The usual delivery timeframes may be affected due to major events and activities, government restrictions and/or the increase in amount of orders for shipment. We appreciate your understanding.
9. Except for any liability that cannot by law be excluded, Smith’s Wine Store (including its officers, employees and agents) excludes all liability for any death, personal injury, loss or damage (including loss of opportunity and whether direct, indirect, special or consequential) suffered or incurred by any person (whether or not arising from any person's negligence) arising in any way out of or in connection with:
a. this promotion;
b. any theft, unauthorised access or third party interference;
c. any technical difficulties or equipment malfunction (whether or not under Smith’s Wine Store’s control);
d. the cancellation or rescheduling of this promotion.
10. If for any reason this promotion is not capable of running as planned, including as a result of infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Smith’s Wine Store which corrupt or affect the administration, security, fairness, integrity, safety or proper conduct of this promotion, Smith’s Wine Store reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any applicable legislation.
11. For the Online Channels:
(a) Please note that the availability of stock may not be updated, and the fact that you have checked out and made payment on your order does not necessarily mean that your order is confirmed. This could arise due to a lag time between the update of inventory on our system and the high volume of purchases.
(b) In the event of conflicting purchases leading to stock insufficiency, Smith’s Wine Store has the right to cancel any purchase. Smith’s Wine Store will, of course, inform you immediately and reimburse any payments made via the method of payment used for the purchase.
(c) Smith’s Wine Store is not responsible for any failure to complete your transaction, or any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination of these, or any other technical failures including any damage to any person's mobile handset or computer related to, or resulting from, this promotion.
(d) Smith’s Wine Store does not accept any responsibility for late, lost, incomplete, delayed, corrupted or misdirected transactions, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
(e) Any fraudulent behaviour may result in cancellation of any order and/or inability to access the Online Channels or any other Smith’s Wine Store website. Smith’s Wine Store has the right, in its sole discretion, to disqualify or prohibit from participating in the promotion any individual who Smith’s Wine Store believes has engaged, has attempted to or intends to attempt to engage, in conduct that annoys, abuses, threatens, or harasses any other participant or any representative of Smith’s Wine Store. The use of agents or automated devices, programs, or methods to participate is prohibited, and Smith’s Wine Store has the right, in its sole discretion, to disqualify any participant that it believes may have participated using such an agent or automated device, program, or method.
12. Each customer must comply with these Terms and Conditions. By participating in the promotion, each customer agrees to indemnify and to keep indemnified Smith’s Wine Store (including its officers, employees and agents) in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by Smith’s Wine Store as a direct or indirect result of the customer acting inconsistently with or breaching any part of these Terms and Conditions.
13. Smith’s Wine Store’s decision on all aspects relating to the promotion is final and no correspondence will be entered into.
14. Smith’s Wine Store reserves the right to amend these terms and conditions.
15. Smith’s Wine Store reserves the right to change, limit or cancel this promotion at any time.
16. Nothing in these Terms and Conditions affects your rights at law and/or under the consumer guarantees which apply under the Australian Consumer Law.
17. All wines purchased are intended for personal use and not for resale. Legal age requirements for purchasing alcohol apply, and we reserve the right to verify age before fulfilling an order.
Smith’s Wine Store is S. Smith & Son Pty Ltd (ABN 17 007 534 278), of 40 Eden Valley Road, Angaston, South Australia, 5355