Website Usage

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.

Cracka Wines reserves the right to cancel auctions if stock becomes unavailable for any reason. If an auction you have bid on has been cancelled, any bids on that auction will also be cancelled.

Wine Auctions / Daily Deals – Payment

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

  • 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.

Disclaimer: From Tuesday, 12th July, 2016 a 15% Buyer's fee will be added to all winning bid amounts. The Buyer's Fee is GST inclusive. Existing bids made prior to 12th July will have the Buyer's Fee automatically applied. All new bids made from the 12th July onwards, the Buyer's Fee will be calculated and displayed prior to confirming your bid.

If we are unable to deduct from your credit card 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 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.

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.

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.

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: Level 1, 104 Buckingham Street, Surry Hills, NSW, 2010

Postal Address: PO Box 441, Strawberry Hills, NSW, 2012

Phone: 1300 CRACKA (1300 272 252)

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.