My Wine Guy

Terms & Conditions

MyWineGuy is pleased to provide you with access to the websites owned or operated by The Wine Guys Pty Ltd (ABN 152 037 066) and its related bodies corporate including, but not limited to the website located at www.mywineguy.com.au (MyWineGuy Website) on these terms and conditions.

By accessing or using the MyWineGuy Website you agree to be bound by these terms and conditions of use as amended from time to time. If you do not agree to these terms and conditions, you may not use the MyWineGuy Website.

You represent and warrant to MyWineGuy that you are at least 18 years of age.

Material on the MyWineGuy Website

MyWineGuy may publish or make available on the MyWineGuy Website information, advertisements, product and service offers, wine data, wine valuations, software and links supplied by MyWineGuy and third parties (Material). While MyWineGuy takes care to ensure that Material on the MyWineGuy Website is correct, current and free from errors, MyWineGuy does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of:

  • Any Material published on the MyWineGuy Website;
  • Any Material published on any web site that links from the MyWineGuy Website; or
  • Any information received by you as a result of using the MyWineGuy Website.

MyWineGuy does not provide any warranty in relation to any goods or services advertised for sale on the MyWineGuy Website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended or owned by the seller.

Personal and Non Commercial Use Only

The MyWineGuy Website is for your personal and non-commercial use only. Except for the Material held in your computer's cache or a single permanent copy of the Material for your personal use, you must not:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
  • Use or attempt to use any Material published on the MyWineGuy Website to create any website or publication;
  • Mirror or frame any website or page within the MyWineGuy Website;
  • Use any automated process of any sort to query, access or copy any Material on the MyWineGuy Website or generate or compile any document or database based on the Material published on the MyWineGuy Website; or
  • transfer or sell any information, functionality or products or services offered on the MyWineGuy Website without the written approval of MyWineGuy.

MyWineGuy may terminate your right to access and use the MyWineGuy Website at any time if you breach these terms and conditions. You may cease to use the MyWineGuy Website at any time in your absolute discretion.

Your Responsibility

The Material made available on the MyWineGuy Website are provided as general information only. MyWineGuy does not warrant that the Material are professional, expert or other advice or that they are a substitute for such advice. The Material:

  • May not be appropriate, correct or sufficient for your circumstances;
  • Should not be relied on as the only reason you do or don't do anything; and
  • may not be continually accessible or free from errors or viruses.

If MyWineGuy suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to pay MyWineGuy the amount of any such loss, damage and costs.

Limitation of Liability

To the full extent permitted by law, neither MyWineGuy nor you will be responsible for any losses that were not foreseeable to both parties at the time of entry into these terms and conditions or for any loss of profits, loss of revenue or loss of savings, however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).

Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon MyWineGuy which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for purpose for which they were supplied to you. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in this Agreement and to the extent to which MyWineGuy is entitled to do so, MyWineGuy limits its liability in respect of any claim under those provisions to:

In the case of goods, at MyWineGuy' option: The replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and In the case of services, at MyWineGuy' option: the supplying of the services again; or the payment of the cost of having the services supplied again.

Other than as set out above, MyWineGuy will not be responsible for any claims arising out of or in connection with your access to and use of the MyWineGuy Website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

For the purposes of this section, the term MyWineGuy will mean MyWineGuy and its officers, employees, contractors and agents, whether individually or collectively.

Intellectual Property Rights

The MyWineGuy Website is owned and operated by The Wine Guys Pty Ltd. You acknowledge and agree that all intellectual property rights comprised in or relating to the MyWineGuy Website belong to MyWineGuy or its licensors, and that nothing in these terms and conditions constitutes a transfer of any intellectual property rights.

You may download and view MyWineGuy Website content, which may include, without limitation, text, graphics, icons, photographs and URLs (Content) and/or print a copy of material on the MyWineGuy Website for your own use only, provided you do not:

  • Modify the Content (including, without limitation, any copyright notice) in any way; make the Content public; or use the Content in a manner or for a purpose prohibited by these Terms.

MY WINE GUY (MyWineGuy) is a registered trade mark licenced by The Wine Guys Pty Ltd. Other product and company names mentioned on the MyWineGuy Website may be the trade marks of their respective owners.

Content You Supply

MyWineGuy may provide you with the ability to communicate with MyWineGuy, the MyWineGuy Website, sellers, advertisers and other users of the MyWineGuy Website, including through agreements, online forms, electronic requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).

You grant to MyWineGuy a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any Content you post, upload or otherwise transmit via Communications Services and to sub-license such Content for such purposes as MyWineGuy determines from time to time (subject to the MyWineGuy Privacy Policy).

You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services should not be considered reviewed, screened, or approved by MyWineGuy.

You must not do any of the following:

  • Transmit any information or material which is incorrect, misleading or deceptive.
  • Transmit any defamatory, infringing, obscene, indecent or unlawful information or material.
  • Use the Communications Services for any unlawful purpose.
  • Post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters via the Communications Services other than as approved by MyWineGuy.
  • Download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
  • Excessively use the Communications Services in a manner which may hinder or prevent MyWineGuy from providing services to any other persons or which may threaten the integrity or use by any person of the MyWineGuy Website.

Or authorise, aid, abet encourage or incite any person to do any of the above acts.

You represent and warrant to MyWineGuy that:

  • You are fully authorised to publish and to authorise MyWineGuy to publish all Content you submit to MyWineGuy.
  • Publication of content posted or submitted by you in accordance with these terms and conditions will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person.
  • You have the ability to grant the Content licence granted above; all Content you post on the MyWineGuy Website or submit to MyWineGuy will, at all times, comply with all applicable laws, regulations and relevant industry codes.
  • You have obtained the consent of all individuals whose personal information is included in the Content you post on the MyWineGuy Website or submit to MyWineGuy to:the collection of that personal information by MyWineGuy and
  • The use and disclosure of that personal information in accordance with MyWineGuy' Privacy Policy; and all Content you post on the MyWineGuy Website or submit to MyWineGuy will be current and accurate, and will not mislead or deceive end users of the MyWineGuy Website.

MyWineGuy may, but has no obligation to, review the use of the Communications Services by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

Responsible Service of Alcohol

Under Australian laws, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By opening an account with MyWineGuy and/or placing an order you are confirming to us that you are at least 18 years of age. MyWineGuy also recommends that alcohol only be consumed in moderation.

Email a friend

Where MyWineGuy allows you to email a friend:

  • You warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify MyWineGuy, its servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the Spam Act 2003 (Cth).

Buyer Terms

Please read these terms and conditions (Buyer Terms) prior to completing a purchase on the websites owned or operated by The Wine Guys Pty Ltd and its related bodies corporate, including but not limited to the website located at www.mywineguy.com.au (MyWineGuy Website).

These Buyer Terms govern your purchase of the goods and/or services that we offer at the MyWineGuy Website (Services).

By making a purchase via the MyWineGuy Website you agree to be bound by these terms and conditions as amended from time to time. If you do not agree to these Buyer Terms, you may not make a purchase via the MyWineGuy Website.

Please note that additional terms and conditions governing your relationship with us are contained in other MyWineGuy Website pages and unless those conditions are inconsistent with these Buyer Terms, they will be incorporated into and will form part of your agreement with MyWineGuy.

Registering at the MyWineGuy Website

You must register your details on the MyWineGuy Website to use the Services.

You must not use false or misleading information when registering or using our Services and you must update your details if they have changed since your last use of our Services. MyWineGuy is not responsible for any loss or damage that you may suffer because you have not provided complete, accurate and up-to-date information.

When you register, you must choose your username and password. You must have a valid username and password before you can bid on and/or purchase wine via the MyWineGuy Website. You are responsible for the security of your user name and password. We will assume that anyone using your username and password is authorised by you.

We may send notifications to you by email, including:

  • Order confirmation purchases
  • The status of any deliveries; and
  • A copy of your invoice, if applicable.

We accept no responsibility for any loss or damage you suffer if you do not receive such notifications for any reason.

We will use your personal data in accordance with our Privacy Policy, which is available on the MyWineGuy Website.

Purchases – Your Obligations

You must pay the purchase price (including any GST) in full for any wine purchased via the MyWineGuy Website together with any other applicable fees or charges (for example, goods and services tax, insurance and delivery charges).

You authorise us to debit your credit card for the total amount payable to us as a result of any purchases made by you.

Security Policy

In order to purchase goods you must provide valid credit card details.

MyWineGuy uses the Ctel Payment Gateway for its online credit card transactions. Ctel processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on the MyWineGuy Website using the Ctel gateway are secured payments, as follows:

  • Payments are fully automated with an immediate response.
  • Your complete credit card number cannot be viewed by MyWineGuy or any outside party.
  • All transactions are performed under 128 Bit SSL Certificate.
  • All transaction data is encrypted for storage within Ctel's bank-grade data centre, further protecting your credit card data.
  • Ctel is an authorised third party processor for all the major Australian banks.
  • Ctel at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by MyWineGuy.

For more information about Ctel and online credit card payments, please visit www.ctel.com.au.

Currency & Pricing

Unless otherwise shown, all the prices listed on MyWineGuy Website are displayed in Australian Dollars (AUD). If a product inadvertently appears on the MyWineGuy Website at the wrong price, MyWineGuy may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged. If your credit card was charged for the purchase and the order is cancelled, MyWineGuy will notify you and issue a credit to your credit card account in the amount of the cancelled order.

Price Match Guarantee

My Wine Guy is happy to offer a price match guarantee on wines that are currently listed for sale on the MyWineGuy website.

The Price Match Guarantee does not apply to wines that are purchased in commercial quantities.

The Price Match Guarantee does not apply to wines that are part of a stock liquidation, where large volumes of stock are sold below cost.

Free Delivery on orders over $250

MyWineGuy is happy to offer free delivery on orders over $250. Orders must be equal to or above $250 after any discounts have been applied to be eligible for free delivery. Please see our Delivery Policy for more information.

Vouchers & Credits

From time to time MyWineGuy may issue vouchers or credits for redemption against future purchases of wine. Each voucher or credit may only be redeemed once per household/delivery address. MyWineGuy conducts regular audits of voucher and credit usage and reserves the right to recover amounts owing from customers who redeem more than one voucher or credit per household/delivery address. Vouchers may not be used in conjunction with any other vouchers - strict limit of one voucher per order. Any terms and conditions on a voucher or credit apply and bind the holder of the voucher or credit. Vouchers and credits are non-transferable and may not be redeemed for cash. All vouchers and credits will have an expiry date, after which the voucher or credit will no longer be redeemable.

Changes to Items Listed

We may withdraw and/or re-offer any item listed for sale on the MyWineGuy Website if the item:

  • Becomes unavailable;
  • Is withdrawn by the manufacturer or supplier; or
  • Was incorrectly described or listed.

MyWineGuy's Liability

MyWineGuy is not responsible for any bid not received, processed or accepted due to technical difficulties. To the extent permitted by law, we provide the MyWineGuy Website and the Services without any express or implied warranty or condition regarding the performance of the MyWineGuy Website. To the extent permitted by law, all express or implied conditions or warranties in connection with the any goods offered for sale on the MyWineGuy Website are excluded.

To the full extent permitted by law, neither MyWineGuy, its suppliers nor you will be responsible for any losses that were not foreseeable to both parties at the time of entry into these terms and conditions or for any loss of profits, loss of revenue or loss of savings, however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).

We do not guarantee continuous, uninterrupted or secure access to the Services.

Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon MyWineGuy which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for purpose for which they were supplied to you. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in this Agreement and to the extent to which MyWineGuy is entitled to do so, MyWineGuy limits its liability in respect of any claim under those provisions to:

  • In the case of goods, at MyWineGuy's option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
  • In the case of services, at MyWineGuy's option: the supplying of the services again; or the payment of the cost of having the services supplied again.

Other than as set out above, MyWineGuy will not be responsible for any claims arising out of or in connection with your access to and use of the MyWineGuy Website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

For the purposes of this section, the term MyWineGuy will mean MyWineGuy and its officers, employees, contractors and agents, whether individually or collectively.

Handling of Wine

Please note that a full case of wine often weighs more than 16kg. Therefore, we recommend that our customers take extra care when lifting deliveries. If you are concerned at all about the weight, we suggest that you transfer the bottles one or two at a time.

Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of New South Wales Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

Changes to these Terms and Conditions

MyWineGuy may, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including these terms and such modifications will be binding upon you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

MyWineGuy may cease to provide you with access to the MyWineGuy Website or any of its services without notice.

All rights not expressly granted are reserved.

American Express® Centurion Card Terms & Conditions

You will receive three Bonus Points per dollar spend on transactions made through the MyWineGuy website from 1 August 2015 until 31 December 2015. Subject to the Terms and Conditions of the Membership Rewards program available at: membershiprewards.com.au/termsandconditions.

Membership Rewards Bonus Point offers are valid for purchases made in Australia and charged to the Australian-dollar American Express® Centurion Card. Please allow 8 to 10 weeks for Bonus Points to be credited to your account. Where a booking is cancelled or transaction refunded, Bonus Points will be deducted.

The American Express® Centurion Card has a points threshold of 750,000 points per year of membership, after which your earn rate will revert to 1 point per $1 spent (except for spend at merchants where you earn 0.5 points per $1 spent). The ‘Three Bonus Points’ offer is valid until 31st December 2015.

Contact MyWineGuy

If you have a question, problem or complaint or need to contact us:

Location: 66 Bay Street, Ultimo, NSW, 2007

Postal Address: PO Box 441 Strawberry Hills NSW, 2012

Phone: (02) 9045 5617

Email: help@mywineguy.com

Proposition
Inside Info
on expert wine ratings
Proposition
Expertly Curated
wine selection
Proposition
Concierge Service
and personalised advice
Proposition
Price Match
on all wines
Proposition
Quality Guaranteed
or your money back
Proposition
Free Shipping
all orders over $250