Website Terms & Conditions

Welcome to Cracka Wines

Cracka Wines is pleased to provide you with access to the websites owned or operated by Cracka Wine Co Pty Ltd (ABN 40 141 713 484) and its related bodies corporate including, but not limited to the website located at www.crackawines.com.au (Cracka Wines Website) on these terms and conditions.

By accessing or using the Cracka Wines 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 Cracka Wines Website.

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

Material on the Cracka Wines Website

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

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

Cracka Wines does not provide any warranty in relation to any goods or services advertised for sale on the Cracka Wines 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 Cracka Wines 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 Cracka Wines Website to create any website or publication;
  • mirror or frame any website or page within the Cracka Wines Website;
  • use any automated process of any sort to query, access or copy any Material on the Cracka Wines Website or generate or compile any document or database based on the Material published on the Cracka Wines Website; or
  • transfer or sell any information, functionality or products or services offered on the Cracka Wines Website without the written approval of Cracka Win es.

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

Your Responsibility

The Material made available on the Cracka Wines Website are provided as general information only. Cracka Wines 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 Cracka Wines 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 Cracka Wines the amount of any such loss, damage and costs.

Limitation of Liability

To the full extent permitted by law, neither Cracka Wines 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 Cracka Wines 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 Cracka Wines is entitled to do so, Cracka Wines limits its liability in respect of any claim under those provisions to:

  •  in the case of goods, at Cracka Wines' 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 Cracka Wines' 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, Cracka Wines will not be responsible for any claims arising out of or in connection with your access to and use of the Cracka Wines 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 Cracka Wines will mean Cracka Wines and its officers, employees, contractors and agents, whether individually or collectively.

Intellectual Property Rights

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

You may download and view Cracka Wines Website content, which may include, without limitation, text, graphics, icons, photographs and URLs (Content) and/or print a copy of material on the Cracka Wines 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.

CRACKA WINE is a registered trade mark of Cracka IP Pty Limited. Other product and company names mentioned on the Cracka Wines Website may be the trade marks of their respective owners.

Content You Supply

Cracka Wines may provide you with the ability to communicate with Cracka Wines, the Cracka Wines Website, sellers, advertisers and other users of the Cracka Wines 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 Cracka Wines 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 Cracka Wines determines from time to time (subject to the Cracka Wines 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 Cracka Wines.

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 Cracka Wines;
  •  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 Cracka Wines from providing services to any other persons or which may threaten the integrity or use by any person of the Cracka Wines Website; or
  •  authorise, aid, abet encourage or incite any person to do any of the above acts.

You represent and warrant to Cracka Wines that:

  •  you are fully authorised to publish and to authorise Cracka Wines to publish all Content you submit to Cracka Wines;
  •  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 Cracka Wines Website or submit to Cracka Wines 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 Cracka Wines Website or submit to Cracka Wines to:
    •  the collection of that personal information by Cracka Wines; and
    •  the use and disclosure of that personal information in accordance with Cracka Wines' Privacy Policy; and
  •  all Content you post on the Cracka Wines Website or submit to Cracka Wines will be current and accurate, and will not mislead or deceive end users of the Cracka Wines Website.

Cracka Wines 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.

Privacy Policy

To read how Cracka Wines collects, holds, uses and discloses your personal information please click here.

Buyers and Sellers Agreements

Specific additional terms and conditions apply to the purchase and sale of wine through the Cracka Wines website. Your acknowledgment of these terms and conditions is required to complete any transaction on this site. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

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 Cracka Wines and/or placing an order you are confirming to us that you are at least 18 years of age.

Cracka Wines also recommends that alcohol only be consumed in moderation.

Email a friend

Where Cracka Wines 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 Cracka Wines, 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 Cracka Wine Co Pty Ltd (ABN 40 141 713 484) and its related bodies corporate, including but not limited to the website located at www.crackawines.com.au (Cracka Wines Website).

These Buyer Terms govern your purchase of the goods and/or services that we offer at the Cracka Wines Website (Services), including all wine purchases.

By making a purchase via the Cracka Wines 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 Cracka Wines Website.

Please note that additional terms and conditions governing your relationship with us are contained in other Cracka Wines 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 Cracka Wines.

Registering at the Cracka Wines Website

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

You must not register multiple times or 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. Cracka Wines is not responsible for any loss or damage which 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 Cracka Wines 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 or SMS, including:

  • the status of Wine Auctions you are participating in;
  • order confirmations;
  • special offers and marketing programs that you have opted into;
  • the status of any deliveries; and
  • a copy of your invoice, if applicable.

We may also send push notifications to mobile applications.

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 Cracka Wines Website.

Wines not to be resold

Each Buyer acknowledges and confirms that all wine purchases are for private consumption and/or collection and are not purchased with the intention of resale.

All Buyers acknowledge and indemnify Cracka Wines for any additional costs (e.g. Wine Equalisation Tax) incurred by Cracka Wines should wine be resold, and agree to hold in trust all profits made from the resale of such wines.

Wine Auctions / Daily Deals – Your Obligations

When you make an offer/place a bid on an item in an Auction, you are making an irrevocable offer to buy the item at your bid price. If you are a winning bidder you must purchase the item you have bid for and pay the bid amount, plus any additional charges that you may be required to pay (for example, delivery charges).

Please take care when making a bid as once a bid is placed, it cannot be reduced or withdrawn.

It is your responsibility to read the details relating to any item listed for auction on the Cracka Wines Website. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item.

Wine Auctions / Daily Deals – Payment

If you are the winning bidder in a Wine Auction, you must pay the following immediately by credit card or PayPal:

  •  the winning bid amount; and
  •  any other fees and charges specified in the lot description, including but not limited to goods and services tax, delivery and insurance charges.

If we are unable to deduct from your credit card or PayPal account the total amount owing to us in one transaction, we may process any number of transactions on your credit card until the total amount you owe us is paid.

If you:

  •  refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder (for example, if your credit card balance is insufficient to meet all money due); or
  •  do not comply with the terms and conditions of these Buyer Terms,

we may, in our absolute discretion:

  •  require you to pay us immediately all money owing to us, including any lost income;
  •  resell the item in any manner and on such conditions as we see fit without notice of resale to you and claim the net shortfall (between the amounts payable by you and the resale price received after deducting all expenses (if any) from you; and
  •  charge you a cancellation fee to cover the cost of resale of the item, any lost fees, administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonably incurred expenses incurred in reinstating us to the same position as if the item was sold to you,

and in taking these steps, you authorise us to charge your credit card or PayPal account for any amount owing to us.

Notwithstanding that you have been notified that you are the winning bidder in a Wine Auction, we may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:

  •  the credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired card) made by you;
  •  there are insufficient funds or the credit limit is insufficient to cover the amount payable by you; or
  •  we are unable to contact you for any reason.

Wine Auctions / Daily Deals – PayPal

If you use PayPal to place bids in our auctions, you are acknowledging that funds committed to bidding on an auction will be quarantined in your PayPal account until the auction has closed, regardless of whether your bid is successful or not, and that Cracka Wines is unable to manually release your funds back to your PayPal account prior to the auction closing. If any bids placed on an auction are unsuccessful, the money quarantined by PayPal will be returned 30 minutes after the auction closes. Please note that PayPal will not process the transaction nor send any of your funds to Cracka Wines until a product has been successfully won or purchased.

Wines For Sale Purchases – Your Obligations

You must pay the purchase price (including any GST) in full for any wine purchased 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 or PayPal account for the total amount payable to us as a result of any purchases by you.

Our fulfillment processes are automated and as a result, orders cannot be amended, changed or cancelled.

Security Policy

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

Cracka Wines uses the eWAY Payment Gateway for its online credit card transactions. eWAY 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 Cracka Wines Website using the eWAY gateway are secured payments, as follows:

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

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

Currency & Pricing

Unless otherwise shown, all the prices listed on Cracka Wines Website are displayed in Australian Dollars (AUD). If a product inadvertently appears on the Cracka Wines Website at the wrong price, Cracka Wines 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, Cracka Wines will notify you and issue a credit to your credit card account in the amount of the cancelled order.

Vouchers & Credits

From time to time Cracka Wines may issue vouchers or credits for redemption against future purchases of wine.

Vouchers can only be redeemed online at Crackawines.com.au. 

Vouchers cannot be combined with any other voucher or credit.

Where a voucher or credit is offered by Cracka Wines as a registration/signup/joining offer for new members, then a member/person can only claim one of these registration/signup/joining credits or vouchers if they are not a current Cracka Wines member and the member must be registering/signing up/joining Cracka Wines for the first time. Additionally, only one registration voucher or credit may be claimed per household/delivery address. Where multiple Cracka Wines accounts are set up in breach of this term, Cracka Wines reserves the right to cancel the voucher or credit and to cancel any orders or bids placed, and to recover the value of the voucher or credit from the member where orders are unable to be cancelled prior to delivery.

Each voucher or credit may only be redeemed once per household/delivery address.

Cracka Wines 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/voucher promotion, or who are in breach of the terms attached to the particular voucher or credit or who obtain the voucher or credit through fraudulent or unauthorised channels or who set up multiple Cracka Wines accounts in order to obtain multiple vouchers or credits.

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.

Vouchers must be used in a single transaction and any unused value cannot be redeemed in any way.

Where a Voucher has a minimum spend requirement, then the voucher can only be redeemed if the value of the products ordered exceed the voucher's minimum spend requirement.

Vouchers and credits cannot be applied to orders or bids retrospectively.

Delivery Policy

After ordering online, you will receive an email confirmation containing your order details (provided you have provided us with a valid email address). We will then attempt to deliver your purchase/s from our warehouse in Sydney via Australia Post. Depending on your location within Australia, the delivery time will vary between 2 and 10 business days. In outlying, flood-affected areas or during heat waves, the delivery may take a little longer.

Wine is normally delivered from Monday to Friday between 9.00am and 5.00pm. Most orders will be delivered to your door, however, in rural or remote areas Australia Post may deliver your wine to the nearest post office or delivery centre for collection. Some larger metro areas may have extended delivery windows of Monday to Friday 8:00am - 8:00pm and Saturday 8:00am - 5:00pm. The person collecting the must be 18 or over and able to present identification corresponding to the name of the consignee. If the order is not collected within 10 working days, it will be returned to Cracka Wines and NO refund will be available.

In some cases, where the wine is being sent directly to you by the winery, the wine may be sent via a courier and, if you are not home, your order may be taken to the courier's distribution centre for collection. The person collecting the wines from the Post Office must be 18 or over and able to present identification corresponding to the name of the consignee. If the order is not collected within 10 working days, it will be returned to Cracka Wines and NO refund will be available.

A signature is required on all deliveries. If the recipient is not available at the time of delivery the courier will leave a note with a phone number you can call to alternative arrangements (collection or redelivery).  

Cracka Wines will not deliver wines to anyone less than 18 years of age. If there is any doubt about the age of the recipient on delivery, our delivery drivers are obliged to request some form of photographic ID. If that recipient is unable to produce appropriate ID then the delivery driver will be unable to leave the wine.

Important note about Parcel Locker Services


Please check with your Parcel Locker provider's Terms & Conditions as alcohol may not be accepted. Returned orders will incur a re-delivery fee and cause delays in delivery time.

Cracka Wines cannot be held responsible for deliveries to incorrect or incomplete addresses provided by customers. If delivery is being made to a business address, a company name must be entered. Business addresses that do not include a company name may be classed as incomplete. If the address is incorrect and the delivery is made, the customer assumes responsibility for the entire purchase. If the address is incorrect and/or the delivery is refused or unable to be completed, then the order will be returned to our distribution centre and additional handling costs plus freight charges will be applied to a request for re-delivery. If the address is incorrect and the delivery is refused or unable to be completed and the customer chooses no re-delivery then a handling charge and all applicable freight charges will be deducted from any refund made. To avoid these costs, we recommend that you double check your address details to ensure that all information provided is correct and in full.

Cracka Wines will not deliver wine under any circumstances to any of the following Dry Area Locations:

  • Aurukun Postcode – 4871
  • Bamaga Postcode – 4876
  • Cherbourg Postcode – 4605
  • Doomadgee Postcode – 4830
  • Hope Vale Postcode – 4895
  • Injinoo Postcode – 4876
  • Kowanyama Postcode – 4871
  • Lockhart Postcode – 4871
  • Mapoon Postcode – 4874
  • Mornington Island Postcode – 4871
  • Napranum Postcode – 4874
  • New Mapoon Postcode – 4876
  • Palm Island Postcode – 4816
  • Pormpuraaw Postcode – 4871
  • Seisia Postcode – 4876
  • Umagico Postcode – 4876
  • Woorabinda Postcode – 4713
  • Wujal Wujal Postcode – 4895
  • Yarrabah Postcode – 4871

$6.95 Per Case Delivery Rate*

*The $6.95 per case delivery rate is a promotional delivery rate that is not available to addresses within the following postcodes ranges:

  • 0800 - 0999
  • 4221 - 4499
  • 4550 - 4899
  • 5200 - 5749
  • 6000 - 6999
  • 7000 - 7999

*The $6.95 per case promotional delivery rate does not apply to refunds initiated under our Quality Guarantee policy. As such the delivery rate deducted from refunds will be the normal delivery cost for your location.

Authority to Leave

By selecting our "Authority to leave" option, or if you do not select our "Authority to leave" option but have an authority in place with your local delivery centre giving permission to leave articles at the address you nominate, then you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received.

Cracka Wines, and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority to Leave delivery method. You agree to release Cracka Wines from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.

Please note that under certain circumstances Cracka Wines may not be able to leave your delivery as directed under an Authority to Leave request. In these instances, your complete order will be delivered to your nearest Australia Post Office for your collection.

Export Restrictions

Cracka Wines is an Australian-based company, licensed to sell wine to Australian residents. As such we are only able to deliver wine to addresses located in Australia. Should you wish to have a purchase delivered to a location outside of Australia you will need to make arrangements with your own shipping agent. Cracka Wines will not be responsible in any way for delivery outside Australia arranged by you.

Refund Policy / Quality Guarantee

To ensure that you have a great online wine buying experience, every wine sold through the Cracka Wines website is tasted and reviewed by our expert tasting panel. Wines considered by our panel to be of inferior or poor quality are simply rejected and are not listed on our site.

In the rare instance that you are not satisfied with a wine purchased from Cracka Wines (other than a wine marked as "Sold as is - no refunds or returns accepted"), then we are more than happy to provide you with a full refund for purchases of the relevant wine by you (excluding freight costs). It doesn't matter whether the wine is bought through our Wine Auctions or Wine Market; provided you let us know that you are not satisfied with the wine within 30 days of buying the wine, we’ll refund you in full (excluding freight costs) an amount equal to the value of your remaining unopened bottles plus one opened bottle only.

Typically you will be required to return the remaining unopened bottles of the wine in question to Cracka Wines Offices for a quality inspection, and you will assume responsibility of risk and all associated freight costs. All refunds are processed within 7 days of your notification or from the date that the remaining wines are returned to us.

If Cracka Wines reasonably believes that a buyer is abusing our Quality Guarantee, Cracka Wines reserves the right to suspend or cancel the Refund Policy / Quality Guarantee in relation to that buyer, cancel any pending orders and/or close that buyer's account.

Please note that our Refund Policy / Quality Guarantee does not apply to goods that are marked as "Sold as is - no refunds or returns accepted", or for wine that is from a vintage 5 years or more prior to the purchase year.

Risk of damage, loss or deterioration to product passes to the buyer upon delivery and therefore no refunds are offered for products that are damaged after delivery.

If you require further information or would like to submit a claim, simply contact a member of our Customer Service Team on 1300 CRACKA (1300 272 252) or email us help@crackawines.com.au.

Breakages

If you receive a case of wine with one or more broken bottles, simply let us know within 2 working days of the date of delivery and Cracka Wines will issue you with an account credit equal to the price paid by you for the broken bottles.

No Other Refunds

Other than in the circumstances outlined above in Refund Policy / Quality Guarantee and Breakages, no returns will be accepted and no refunds will be made in respect of purchases you make via the Cracka Wines Website.

Manufacturer's liability

Subject to any rights you may have under any law, if an item purchased by you with an accompanying manufacturer’s warranty, Cracka Wines will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.

Changes to Items Listed

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

  • becomes unavailable;
  • is withdrawn by the manufacturer or supplier; or
  • was incorrectly described or listed.

Cracka Wines' Liability

Cracka Wines is not responsible for any bid not received, processed or accepted due to technical difficulties. To the extent permitted by law, we provide the Cracka Wines Website and the Services without any express or implied warranty or condition regarding the performance of the Cracka Wines 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 Cracka Wines Website are excluded.

To the full extent permitted by law, neither Cracka Wines, 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 Cracka Wines 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 Cracka Wines is entitled to do so, Cracka Wines limits its liability in respect of any claim under those provisions to:

  •  in the case of goods, at Cracka Wines' 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 Cracka Wines' 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, Cracka Wines will not be responsible for any claims arising out of or in connection with your access to and use of the Cracka Wines 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 Cracka Wines will mean Cracka Wines and its officers, employees, contractors and agents, whether individually or collectively.

Handling of Wine

Please note that a full case of wine 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.

Recommended Retail Prices (RRP)

The RRP's listed on crackawines.com.au are typically obtained directly from the winery and/or their agent. If RRP's are not readily available from the supplier, we will extrapolate an RRP based on the wineries wholesale price plus the standard 35-40% retail mark-up. In instances where a wine is from a non-current vintage (e.g. OLD & RARE wines), we will use either the current RRP for that wine or base the RRP on prices that the wine has been or is being sold for by other Australian retailers. We pride ourselves in providing accurate RRP's; if you believe an RRP to be inaccurate please tell us so we can investigate as a matter of priority.

Changes to these Terms and Conditions

Cracka Wines 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.

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

All rights not expressly granted are reserved.

Contact Cracka Wines

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

Location: 59 Wentworth Avenue Sydney, NSW, 2000

Postal Address: 59 Wentworth Avenue Sydney, NSW, 2000

Phone: 1300 CRACKA (1300 272252)

Email: help@crackawines.com.au 

Calls to 1300 CRACKA (1300 272252) from landlines in Australia are charged at local call rates. Calls from mobile phones may attract a higher rate. You will be billed by your telephone service provider and should direct all questions regarding call charges to that provider.

Terms and Conditions of Entry for the Crackawines.com.au Members' Penfolds Grange draw (Promotion)

1. Information on How to Enter and prize information form part of these Conditions of Entry (Conditions of Entry)..

2. Entry into the Promotion is deemed acceptance of these Conditions of Entry.

3. The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally.

4. All Entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of a prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.

5. The Promoter’s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into.

6. The Promoter is Cracka Wine Co Pty Ltd (ABN 40 141 713 484) of 59 Wentworth Avenue, Sydney NSW 2000.

PROMOTION PERIOD

7. The Promotion commences 12:00 AM AEDT on 18/03/2014 and ends 23:59 AEDT on 30/04/2014 (Promotion Period).

8. Entry in the Promotion is only open to Australian residents aged 18 years and over, excluding those that are:

(a) management, employees, directors and contractors of the Promoter, its related entities, crackawines.com.au and other agencies, firms or companies associated with the Promotion (including suppliers of prizes);

(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 8 (a) of these Conditions of Entry;

(c) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter;

(Eligible Entrants). The persons referred to in paragraph 8(b) of these Conditions of Entry include natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

HOW TO ENTER

9. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:

(a) Be new to crackawines.com.au (current registered members are ineligible); and

(b) “Register” on the crackawines.com.au website (registration is free) (Registration), and

(c) Remain subscribed to and in receipt of crackawines.com.au's daily marketing emails (Emails) throughout the promotional period and at the time of the prize draw.

10. A person is only entitled the one (1) entry into each of the scheduled Prize Draws, and members with multiple accounts (Registrations) will be disqualified from the competition at the complete discretion of the Promoter.

VERIFICATION

11. Entrants can only enter the Promotion in their own name.

12. Anyone found intentionally creating multiple Registrations to generate entries (whether using an alias, false name or abbreviated name) will be immediately disqualified from the Promotion. This includes registrations generated on-behalf of members of competition websites.

13. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a Prize (if drawn) and compliance with these Conditions of Entry.

14. Prizes will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.

15. In order to claim a Prize, Prize winners may be required to sign a Promotion Participation Agreement on terms determined by the Promoter, including:

(a) confirming their eligibility to enter the Promotion and compliance with these Terms; and

(b) providing a release and indemnity in favour of the Promoter in respect of their participation in the Promotion and participation in a Prize.

DRAWS AND PRIZE INFORMATION

16. All prize draws will be conducted at Crackawines.com.au head office located at 59 Wentworth Avenue Sydney NSW 2000 (Draw Location)

17. Prize Draws are as follows -

Prize Draw Starts 12.00 AM   Ends 11.59 PM   Prize Draw – 12 noon  

Prize Draw       18/02/2014  30/04/2014 1/05/2014

18. The first Eligible Entrant drawn in each Monthly Prize Draw will win a bottle of Penfolds Grange wine and the Promoter will, at its sole discretion, select the wine Vintage from available crackawines.com.au stocks. Total value of each Monthly Prize is AU$500 (including GST) (Monthly Prizes).

19. The total value of the prize pool available to be won in the Promotion is AU$500 (RRP) (including GST).

NOTIFICATION OF WINNER

20. The Prize Draw winner will be notified by phone and/or email using the registration details submitted by the entrant.

21. Entrants are solely responsible for the accuracy of their contact information.

22. The Prize Draw winner will be published on the website www.crackawines.com.au after the Prize has been claimed by the winner.

 UNCLAIMED PRIZE DRAWS

23. If a Prize is won by an Eligible Entrant and they do not claim their Prize by 12 noon AEST 1/8/2014, a re-draw will be conducted on that date and time at the Draw Location by a representative of the Promoter from all remaining Eligible Entries (Re-Draw).

24. If a Prize Draw winner's contact details are found to be invalid at the absolute discretion of the Promoter, a re-draw will be immediately conducted at the Draw Location by a representative of the Promoter from all remaining Eligible Entries (Re-Draw). The Promoter will make all reasonable attempts at the Promoter's absolute discretion to contact winners using the contact information submitted by the entrant.

NOTIFICATIONS OF RE-DRAW WINNER

25. A Prize Re-draw winner, if any, will be:

(a) notified by phone and/or email. 

26. The Prize will be delivered by the Promoter to the winners’ residential address as advised by each respective winner.

27. If more than one person attempts to claim the Major Prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.

GENERAL

28. Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered and may not be varied.

29. The Promoter shall not be liable for Prizes being lost, stolen, damaged or tampered with in any way before they are collected by the winners or after they have been released to the winners.

30. The Promoter accepts no responsibility for any variation in the value of the Prizes from the time of printing Promotion materials.

31. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that www.crackawines.com.au will be available at all times during the Promotion Period.

32. If, for any reason, the Promotion is not capable of being run as planned, including due to tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to States and Territories regulations, including cancelling, terminating, modifying or suspending the Promotion.

33. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry or draw mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.

34. The:

(a) Promoter, the Promoter's related entities, and all agencies associated with the Promotion; and

 and

(b) employees, agents, directors and contractors, of all entities referred to in paragraph 40 (a);

shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of a Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

35. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a Prize.

36. Prize winners must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to the winning of a Prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.

37. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.

38. The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at

http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf

PERSONAL INFORMATION 

39. All entries become the sole property of the Promoter/s.

40. The information entrants provide (Personal Information) will be used by the Promoter/s for the purpose of conducting this Promotion. By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies and the Promoter and its related bodies may use this information for future promotional and marketing purposes regarding their products and services including contacting entrants via any contact details provided by the entrant without further reference or compensation to the entrant.

41. The Promoter may disclose Entrants' Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.

42. Entrants can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address stated in clause 6. Should an Entrant's contact details change during the Promotion Period, it is the Entrant's responsibility to notify the Promoter.

43. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.