Acceptance of Terms
Welcome to Wine Australia USA. By accessing or using our website located at wineaustraliausa.com (the "Site"), submitting an inquiry form, purchasing products or services, or enrolling in our SMS messaging programs, you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not use our Site or services. These Terms constitute a legally binding agreement between you and Wine Australia USA ("Company," "we," "our," or "us"), a business located at 163 2nd St, San Francisco, CA 94105.
We reserve the right to update or modify these Terms at any time. Your continued use of the Site following the posting of changes constitutes acceptance of the revised Terms. We encourage you to review this page periodically.
Use of Website
You agree to use this Site only for lawful purposes and in a manner that does not infringe the rights of others. Specifically, you agree not to:
- Use the Site for any fraudulent, unlawful, or unauthorized purpose.
- Attempt to gain unauthorized access to any part of the Site or its related systems.
- Transmit any malicious code, viruses, or harmful data through the Site.
- Scrape, crawl, or systematically extract data from the Site without our prior written consent.
- Misrepresent your identity or affiliation with any person or entity.
- Use the Site in any way that could damage, disable, overburden, or impair its functionality.
We reserve the right to suspend or terminate your access to the Site at our sole discretion, without notice, for conduct we believe violates these Terms or is otherwise harmful to us, other users, or third parties.
Age Verification & Alcohol Sales
You must be 21 years of age or older to purchase alcohol from Wine Australia USA. By placing an order, you represent and warrant that you are of legal drinking age in your jurisdiction.
Wine Australia USA sells alcoholic beverages including wine, beer, and spirits. In compliance with California law and applicable federal regulations, all sales are subject to age verification. We reserve the right to require proof of age at the time of delivery. Deliveries where the recipient cannot verify legal age will be refused and the order may be cancelled.
It is illegal to purchase alcohol for or to furnish alcohol to persons under the age of 21. Violation of this law may result in civil and criminal penalties. By using this Site, you acknowledge and agree to comply with all applicable laws governing the purchase and consumption of alcoholic beverages.
Products & Services
Wine Australia USA offers a curated selection of Australian wines, craft beers, premium spirits, gift hampers, Wine Club memberships, tasting events, and corporate ordering services. All product descriptions, pricing, and availability are subject to change without notice.
We make every effort to accurately describe our products. However, we do not warrant that product descriptions, images, pricing, or other content on the Site are complete, accurate, current, or error-free. If a product offered by Wine Australia USA is not as described, your sole remedy is to return it in unused condition.
We reserve the right to limit quantities, refuse service, or cancel orders at our discretion, including in cases where we believe an order has been placed fraudulently or in violation of these Terms.
SMS Messaging Terms
Wine Australia USA operates SMS messaging programs in compliance with the Telephone Consumer Protection Act (TCPA), the rules and guidelines of the Cellular Telecommunications Industry Association (CTIA), and applicable A2P 10DLC carrier requirements.
Consent is not a condition of purchase. You are not required to opt in to any SMS messaging program to purchase products or use our services.
Transactional SMS Program: By explicitly opting in, you consent to receive SMS text messages from Wine Australia USA related to your account, transactions, or services you have requested. These may include order confirmations, shipping updates, appointment reminders, and account notifications.
Marketing SMS Program: By explicitly opting in, you consent to receive SMS text messages containing marketing and promotional content, including special offers, discounts, new product announcements, tasting event invitations, and Wine Club updates from Wine Australia USA.
How to Opt In: You may opt in by checking the designated consent checkbox(es) on our contact or inquiry form, or by texting the applicable keyword to our designated short or long code as displayed in promotions.
How to Opt Out: You may opt out of either SMS program at any time by replying STOP to any message you receive. You will receive a single confirmation message and no further messages will be sent unless you re-enroll.
Help: Reply HELP to any of our messages for help, or contact us at (628) 999-8211 or [email protected].
Message Frequency: Message frequency varies. Transactional messages are sent as triggered by your activity. Marketing messages are sent periodically based on promotions and events.
Message & Data Rates: Standard message and data rates may apply as charged by your mobile carrier. Wine Australia USA is not responsible for charges incurred from your carrier.
Supported Carriers: Our SMS programs are compatible with major U.S. carriers including AT&T, Verizon, T-Mobile, and others. Carrier support is not guaranteed on all networks. We are not liable for delayed or undelivered messages.
No Sharing of SMS Opt-In Data: Your mobile phone number and SMS consent data will not be shared with, sold to, or transferred to any third parties for marketing purposes. This data is shared only with our contracted SMS service providers solely for message delivery purposes.
TCPA Compliance: All SMS communications comply with the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable FCC regulations. We obtain express written consent before sending any marketing text messages and honor all opt-out requests promptly.
Purchases, Payments & Returns
All purchases made through Wine Australia USA are subject to product availability and applicable law. By submitting a purchase, you represent that you are legally authorized to use the payment method provided.
Prices are listed in U.S. dollars and are subject to change without notice. Sales tax will be applied as required by California law and any other applicable jurisdiction.
Returns & Refunds: Due to the nature of alcoholic beverage sales and California ABC regulations, all sales are generally final. Exceptions may be made for damaged, defective, or incorrectly shipped items. Please contact us within 7 days of receipt to report any issues. We reserve the right to require return of the product before issuing a refund or replacement.
Wine Club Memberships: Wine Club subscriptions may be cancelled at any time with reasonable notice prior to the next scheduled shipment. No refunds will be issued for shipments already processed.
Intellectual Property
All content on this Site — including text, graphics, logos, images, product descriptions, and software — is the property of Wine Australia USA or its content suppliers and is protected by applicable United States and international copyright, trademark, and intellectual property laws.
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Site without our express written permission. Limited personal, non-commercial use is permitted solely for the purpose of viewing the Site and using our services.
Disclaimer of Warranties
This Site and all content, products, and services provided through it are offered on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
Wine Australia USA does not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the Site.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
To the fullest extent permitted by applicable law, Wine Australia USA, its owners, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Site, our products, or services.
In no event shall our total liability to you for all claims arising out of or related to these Terms or your use of the Site exceed the greater of (a) the total amount you paid to us in the six (6) months preceding the claim or (b) one hundred dollars ($100.00).
Some jurisdictions do not allow the limitation of liability for certain damages, so this limitation may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Wine Australia USA and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms;
- Your use of the Site or our services;
- Your violation of any applicable law or the rights of a third party;
- Any content you submit, post, or transmit through the Site.
Governing Law & Dispute Resolution
These Terms and any dispute arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in San Francisco County, California. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.
Informal Resolution: Before initiating any formal legal action, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will make good-faith efforts to resolve the matter within thirty (30) days.
Class Action Waiver: To the extent permitted by applicable law, you waive any right to bring or participate in any class action, collective, or representative proceeding against Wine Australia USA.
Changes to Terms & Contact Information
We reserve the right to modify or replace these Terms at any time at our sole discretion. Material changes will be indicated by an updated "Last Updated" date at the top of this page. We may also provide notice via email or a prominent notice on our Site. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
If you have any questions about these Terms and Conditions, please contact us:
- Business Name: Wine Australia USA
- Address: 163 2nd St, San Francisco, CA 94105
- Phone: (628) 999-8211
- Email: [email protected]