Terms & Conditions
This Website is owned by BHS Fitzroy North PTY LTD trading as Blackhearts & Sparrows Fitzroy North (ABN 48 525 110 707) of 119 Scotchmer Street, North Fitzroy, VIC 3065. Victorian Packaged Liquor 32061442.
It is operated in partnership with The Monthly PTY LTD (ACN 115 618 016) as trustee for the Monthly Trust (ABN: 98 178 561 784) and The Saturday Paper PTY LTD (ACN 165 672 579) as trustee for the Liberty 2701 Trust (ABN: 93 936 502 873) of Level 1, 221 Drummond Street, Carlton, VIC 3053 (Schwartz Media).
We agree that Schwartz Media will, at all times, act as agent of BHS Fitzroy North Pty Ltd in respect of the sale or supply and/or the offer to sell or supply liquor.
We agree that the sale and/or supply of liquor will, at all times, be pursuant to the liquor licence or licences held by BHS Fitzroy North Pty Ltd, and shall be in accordance with the Liquor Control Reform Act 1998 and the licence or licences.
Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $8,000) and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700).
1.1 It is your responsibility when you purchase a One-off delivery or you take out a Subscription to ensure that all your details are correct.
1.2 All Orders are subject to Product Availability and a Confirmation Email. Please note that a Confirmation Email does not constitute acceptance or guarantee that the Product is available.
1.3 Acceptance by us of an Order will only take place once we have debited your credit or debit card.
1.4 If you change your mind after placing an Order please contact us immediately. We will use our best efforts to amend or cancel the Order but if the Order has already been processed and/or dispatched then the Product will be provided to you in accordance with these Terms.
1.5 We reserves the right to cancel any Order, at which time we will immediately notify this action by e-mail or phone using the details provided. We will provide a refund using the original payment method.
1.6 We reserve the right to limit the sale Products to reasonable or normal household quantities.
2. PRODUCT AVAILABILITY
2.1 We use our best endeavours to try to ensure the Products sold on our Website are available. However, due to circumstances outside of our control (for example errors in our system or an issue with a supplier) may result in the Product being unavailable.
2.2 If a Product is unavailable we will notify you as soon as reasonably practical. In the instance that we have Accepted your Order and we subsequently learn that the product is unavailable, we will contact you and provide within a reasonable timeframe a full refund for the Price of the Product and we shall not otherwise be liable for any additional compensation, loss or damage caused by us cancelling your order.
3. SCHWARTZ MEDIA ACCOUNT
3.1 Prior to placing an order for a subscription you must complete the registration process of creating a Schwartz Media account.
3.3 By registering an account you agree to our Terms and in particular you agree:
3.3.1 You will be the sole holder of your Schwartz Media account;
3.3.2 Your account is non-transferable;
3.3.3 You are solely responsible for the use and maintenance of your account;
3.3.4 You must not hold more than one Schwartz Media account at any one time;
3.3.5 You may not disclose your password to anyone, or allow other people to use your account and you acknowledge that by disclosing your password or allowing another person to use your account, may compromise your account, which may cause a disruption to your service; and
3.3.6 To notify us, if you believe that your account has been compromised.
3.4 You acknowledge that in the event that we believe that you have breached these Terms, we may at our sole discretion terminate or suspend your account with us, and you will not be entitled to a refund.
4. PRICE AND PAYMENT
4.1 By purchasing a One-off delivery or a Subscription, you agree to the price stated at your time of order and also the billing frequency stated at the time of your order.
4.2 Prices for subscriptions are in Australian dollars and are GST-inclusive.
4.3 When you purchase a One-off delivery or a subscription we will endeavour to process your Order as soon as possible.
4.4 Please note that all payments are made in advance and we accept payment through Visa, MasterCard or American Express. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date.
4.5 If you purchase a Subscription, it will automatically renew until you notify us to stop.
4.6 You must either:
4.6.1 Provide valid payment details which can be direct debited at the time of the renewal; or
4.6.2 Prior to the renewal, contact us directly to change your payment details.
In the event that your payment details are invalid or you do not contact us prior to the renewal, your subscription will be revoked and you will not receive any further deliveries.
4.7 To notify us to stop your subscription you can do so via the account dashboard or by contacting us.
4.8 If you do not notify us to stop the renewal, your credit or debit card will automatically be charged for the same period. By purchasing a subscription, you agree and authorise us to debit your account. This authority will remain valid until you notify us to cancel your subscription.
4.9 All payments are taken via a secure server, but despite reasonable precautions, there is a risk of unauthorised access to, or alteration of, your payment details. You make payment at your own risk and to the maximum extent permitted by law, we are not liable for any loss or damage which you suffer as a result of unauthorised access to, or alteration of, your payment details.
5. YOUR FIRST DELIVERY
5.1 If you choose to have your wine delivered immediately, (the only option for One-off delivery), dispatch of your order will occur within 48 hours. Delivery may then take between two (2) to six (6) working days.
5.2 If you choose to wait for the next wine delivery cycle, dispatch
of your order will occur on the first day of the next month. Delivery
may then take between two (2) to six (6) working days.
6. YOUR ONGOING DELIVERY
6.1 Following your first delivery, you will be placed on our regular billing and delivery cycle. We will attempt to debit your account on the 28 th day of each month and, if payment is successful, your order will be dispatched from our warehouse on the first day of the next month. Delivery may then take between two (2) to six (6) working days.
6.2 If, for any reason, payment is unsuccessful, we will attempt to
debit your account three (3) additional times. A successful payment
within these attempts will guarantee your order is dispatched within
48 hours. A third failed payment attempt will result in your
subscription being cancelled.
7. CANCELLING YOUR SUBSCRIPTION
7.1 You may cancel your subscription at any time. You can do so via the account dashboard or by contacting us.
8. CHARGES ON YOUR STATEMENT
8.1 When you provide us with, or update, your credit or debit card information, your statement may show a $0 or $1 authorisation that is placed on your account by our payment processor for card verification purposes. This authorisation will be removed from your account immediately after your card has been verified, however your bank may take anywhere between a few minutes to a few weeks to process the removal.
9.1 All subscriptions processed by A Wine Service will show up on your statement as a payment to The Monthly Pty Ltd. This may change in the future.
10. STORAGE OF YOUR DETAILS
10.2 Your credit or debit card information is stored by our payment processor (Stripe Payments Australia Pty Ltd CAN 160 180 343) so that we can process your subscription and renewal payments.
10.3 Your details will be transmitted to our payment processor via Payment Card Industry Data Security Standards (PCI-DSS) compliant protocols. Our payment processor is responsible for protecting the security of credit or debit card details stored on their servers, and will take reasonable steps to protect your personal information from unauthorised access and accidental loss or modification.
11. DELIVERY AND SHIPPING
11.1 We use a combination of eParcel, Australia Post’s leading parcels, freight and logistics company and Fastway Couriers for all of our shipping needs within Australia. All items will be calculated in accordance with Australia Post or Fastway Couriers charges, which will be reflected in the shopping cart at checkout.
11.2 Dispatch from the warehouse occurs within 48 hours of the Order being placed. We try to ensure that all Products are delivered within our timeframe of two (2) to six (6) Business Days after leaving the warehouse. However due to Product availability, processing and circumstance out of our control, delays may occur. In the instance that your delivery is late, to the extent permitted by law we will not be liable for any loss or damages caused to you.
11.3 To maintain the integrity of your purchase we will not ship in extreme heat periods. We shall advise if there is a delay due to this.
11.4 If you have not received your Order after two weeks please contact us.
11.5 In the instance that you provide an incorrect delivery address we will not be responsible for loss or damage suffered by you, if your Order is delivered to the correct address that you have supplied.
11.6 Please note that all delivery/shipping fees are non-refundable unless a Product fails to comply with the Australian Consumer Law consumer guarantee provisions.
11.7 If you believe your subscription is not being delivered, please notify us immediately.
11.8 Please notify us if subscription deliveries continue to be made and/or payments continue to be deducted if you believe a cancellation should have been processed.
11.9 Please check your account statements to verify that the amounts debited from your account are correct and notify us if you believe you are being billed incorrectly.
11.10 Please note that we have the right to refuse to refund past subscription payments if you have failed to contact us directly to cancel, or to report unexpected payments or non-delivery.
12. IN-STORE PICK-UP (MELBOURNE CUSTOMERS ONLY)
12.1 In-store pick-up is available in Melbourne only at Blackhearts & Sparrows’ Brunswick, East Brunswick, Fitzroy, Fitzroy North, Kensington, Richmond, Windsor and Prahran Market stores.
12.2 Once ordered, your wine will be dispatched from the Blackhearts & Sparrows warehouse within two working days, and delivered to your chosen Melbourne store. You will be notified by phone when it’s ready to pick up.
12.3 Purchases may only be picked up during Blackhearts & Sparrows’ business hours[http://blackheartsandsparrows.com.au/our-stores].
12.4 Orders are not available to pick up at any other store unless advised otherwise by our subscriptions team.
12.5 To protect all parties from fraud, you will need to prove your identity upon pick-up by presenting:
1. The invoice emailed to you at the time of purchase; and
2. A current Australian driver’s licence, Australian passport, international passport or proof-of-age card.
3. Wine will only be released to the purchasing customer as listed on the invoice.
12.6 We reserve the right not to provide wine to a person picking up a purchase and refund the sale transaction in the manner in which it was purchased.
12.7 We will make every reasonable effort to contact you if you do not pick up your wine from the selected store within two to six working days of initially calling you or another specified time.
12.8 If you fail to collect your order within 28 days of making your purchase, you will incur a $2 daily storage fee for each day you do not collect your wine. The storage fee must be paid when you collect your purchase after 28 days from the date of dispatch or thereafter or your purchase may not be released to you.
13. RETURNS, REFUNDS AND EXCHANGE POLICY
13.1 Please note that once we have Accepted your Order, you cannot return the Product and seek a refund or exchange because you have simply changed your mind.
13.2 However, we will accept returns provided with a replacement or refund if:
13.2.1 it is not of acceptable quality, or
13.2.2 it is not fit for its intended purpose; and
13.2.3 at least three-quarters of the wine remains and proof of purchase documentation is provided
14. CONSUMER GUARANTEES
14.1 Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. If there is something wrong with a bottle, please ensure that at least three-quarters of the wine remains, email us, and we will arrange a replacement.
14.2 To the fullest extent permitted by law, the extent that our liability for breach of any guarantee, warranty or condition cannot be excluded at law, our liability will be limited, at our option to:
14.2.1 In the case of services supplied or offered by us:
1. the resupply of those services; or
2. the payment of the cost of having those services re-supplied
14.2.2 In the case of goods supplied or offered by us:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of having the goods replaced; or
4. the payment of the cost of having the goods repaired.