Terms and Conditions


Terms and conditions of use

  1. www.nakedwines.com.au is operated by Naked Wines Australia Pty Ltd. Sale of wines through nakedwines.com .au is made under New South Wales liquor licence LIQP770016426.
  2. The following Terms & Conditions of Use together with our privacy policy (collectively, Terms) form the agreement between You and Us in relation to Your use and access of this website and the supply of wine ordered by the website.
  3. By accessing this website, You acknowledge that You are 18 years or older and have read and understood the Terms and that You agree to be bound by the Terms. If You do not agree to the Terms or have not reached 18 years of age then you must not use this website.
  4. From time to time We may vary the Terms and You must accept the Terms on each occasion You access the website.
  5. "Our", "We", and "Us" means Naked Wines Australia Pty Ltd and "You" and "Your" means the customer having an account with Us or placing an order with Us

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Ordering

  1. By placing an order with Us You are confirming that You are 18 years or older. It is illegal for Us to sell alcohol to anyone under the age of 18.
  2. When You give Us Your credit or debit card details You are confirming that You are either the card holder, or that You have permission from the card holder to use the card for the purpose of ordering wine from Us.
  3. The delivery address supplied by You must be in Australia. We are not permitted to ship product internationally
  4. No payment will be taken from Your card until the goods You have ordered are dispatched from Our warehouse, or Your monthly Angels payment (if You are a Naked Angels customer) is due.
  5. We reserve the right to cancel any orders We cannot fulfill for any reason. If Your order is cancelled We will contact You to inform You of the cancellation and refund any money You have paid Us for that order.
  6. We only ship in cases containing 6, 12 or 15 bottles. We cannot accept any orders for less than 6 bottles.

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Product Availability

  1. Products offered by Us are displayed on Our website(s) in 'real time'. Any product may be withdrawn from offer without notice at Our discretion.
  2. If for some reason We are unable to fulfill Your exact order, We reserve the right to substitute up to 3 bottles with similar wines of at least the same value as the wine You ordered. The 3 substitute bottles will be covered by Our money back guarantee as set out below. If We need to substitute more than 3 bottles in any one order We will put Your order on hold and contact You for further instructions.
  3. We reserve the right to limit sales to retail quantities if we reasonably deem that the order is not within a reasonable retail quantity. If you wish to purchase unusually large orders for an event, please call us prior to placing the order so that we can accommodate you.
  4. If You are unhappy with Our wines, We offer a full money back guarantee. To receive the full money back guarantee, You must communicate with Us within 30 days of the date of delivery of the wine to You. We may require a return of the remaining quantity of wine at Our discretion.

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Delivery

  1. Free and next business day delivery is available to Sydney & Melbourne metro Angels only for orders placed by 3pm. Next day delivery is also available to Perth metro Angels however freight is charged at $4.99 per order. If we experience an unusually large number of orders, we may change the 3pm cut-off to an earlier time so that we can keep our promise to the customers who have already placed their orders. We deliver Australia wide and are continually working on our rates. When a metro customer purchases online from any state in the country the final price will be based on the wines selected plus the cost of the courier, which will be displayed at the end of the purchase process.
  2. If Your order goes missing, or is damaged, between dispatch and delivery, We will send You a replacement order as soon as We can. If We are unable to dispatch replacement goods within 7 days We will offer You a full refund. For these purposes, delivery takes place when products are left at the delivery address specified in Your order.
  3. Our courier may require a proof of age identification check if they deem it reasonable at the time they are making the delivery to You or Your authorized agent.
  4. If Your order is undeliverable we will contact you to arrange for re-delivery. We may charge you a fee for any re-deliveries.
  5. Risk of damage, loss or deterioration to the product passes to You on delivery.
  6. Title to the product remains with Us until we receive the full price of the product from you in cleared funds.

Security, Privacy and Risk

  1. For Your own safety We reserve the right to contact Your card issuer for the purposes of carrying out security checks.
  2. We take Your privacy very seriously and will only pass Your delivery details to 3rd parties when necessary to fulfill your order i.e. to warehouse operators, carriers and other third parties contracted to dispatch your order to You. Please read Our Privacy Policy on our website.
  3. You must not upload any type of virus or computer malware onto the website and must ensure that Your computer remains safe and does not infect Our website whilst You are on the website.
  4. We may provide links on Our website to third party products and/or services. We do not promote or recommend these products and/or services to You. If You access these links You do so at Your own risk.
  5. We expressly disclaim all liability for Your use of this website. Each time You access this website You acknowledge that Your use of this website is at your sole risk and you are solely liable for any damage, loss or expense You incur from using the website.

Vouchers

Any promotions, discounts or vouchers are single use only and not to be used in conjunction with any other promotion, discount or voucher unless otherwise stated by Us

If You receive a voucher from Us, You can use it in the following ways:

  • You must be 18 years of age or older. If you are younger than 18 You will not be able to use Our voucher even if the voucher was a gift to You.
  • Our $50 vouchers can be used against any case of wine on Our site worth $109.99 or more except certain specified cases which will be identified on Our website.
  • Before You get spending, You have to register with Us first, which includes registering Your credit / debit card details, confirming your age and delivery details.
  • The vouchers are for first time customers only, and its one voucher per person.
  • You can register and redeem Your voucher online, but if You have any problems or issues, You can contact Us on 1800 898 677.
  • The vouchers are for one-off purchases i.e. You are not required to join any type of wine club to use the voucher.
  • Voucher is valid on our list prices only.

As with all of our orders, if You're not happy with any of the wines for any reason, We offer a full money back guarantee. To receive the full money back guarantee, You must communicate with Us within 30 days of the date of delivery of the wine to You. We may require a return of the remaining quantity of wine at Our discretion.

Please Note: We may offer vouchers depending upon an event or season or our business partners may offer vouchers which may have different terms and conditions to those listed above, - however, we will ensure that the applicable terms and conditions will be printed on the voucher itself.

We operate a fair use policy on all promotional vouchers: We will honour vouchers earned from our partners, but we reserve the right to close your account(s) if we reasonably suspect that You are downloading vouchers from a voucher site, or if You set up multiple accounts.

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Wall Posts

  1. If You post a comment on any of the public walls incorporated within the site (i.e. the Winemaker walls, the Wine Page walls and Your Naked Me profile wall), Your comments will be in the public domain and will be visible to anyone who visits the site. You must not post a comment that is offensive, unlawful, obscene or defamatory. You are solely responsible for all posts listed using your account, whether the post was authorised or not.
  2. If you post a comment on our Wall, or if you post on our Facebook page or if you Tweet us, you agree that we can publish the post to promote the wine or the winemaker or Naked Wines, without the need to reference you when we do so - even though we probably will. We have to remove content that is unlawful or breaches advertising standards.
  3. Wine ratings and comments posted on Your 'Naked Me' profile page will be fed through to the relevant wine page, and therefore visible to anyone who visits the site.
  4. If You do not want Your Naked Me wall conversations to be visible, then You must set your profile to 'private'.

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Naked Wines Angels

When You become a Naked Angel, You will be helping Our network of talented winemakers to make delicious wines, for less.

You support them by depositing $40 a month into your Naked Wines piggy bank towards Your next order. Yours to spend on ANY of Our wines, whenever You want. We combine your funds with ours to fund our winemakers to create these amazing handcrafted wines.

In return for Your support, You save at least 25% (and up to 50%) every time You place an order (i.e. You pay the Angel Price rather than the normal price listed next to each wine).

Naked Angels are also offered a free premium bottle of wine every month if You order a case, while stocks last. To claim Your free bottle, add it to Your basket from Your Naked Me page (unless we have added it already!) and checkout with at least 12 other bottles.

Also:

As a Naked Angel there is no obligation to order whatsoever. You decide when You want to order (if at all) and what You want to order.

Your monthly deposits will be transferred from your registered debit or credit card once per month. You can change Your payment date on Your Account page.

If You place an order that totals more than the balance in Your Naked Wines account, then We will debit Your registered debit / credit card the difference.

Please Note: There are a handful of highly discounted cases which do not have an exclusive Angel discount, which we will specify on the website. However, You will still save a minimum of 25% (excluding some introductory offers).

Money-Off Vouchers: if You have a promotional money-off voucher in Your account, these are only redeemable against the standard price, not the Angel price, unless otherwise stated.

Gift Certificates: As these are like money, there is no Angel discount when buying gift certificates BUT You will still receive Your Angel discount when You spend a gift certificate.

Cancellation: You can cancel your Naked Angel Account at any time, and get Your money back (Angel Credit), or wine to that value - with no penalty whatsoever. You can cancel online on Your account page, via email at chat@nakedwines.com.au OR by calling Us on 1800 898 677 FREE. Please note, that if You have any vouchers in Your account, We cannot refund these but, subject to the provisions below You will receive all unused money that you paid into Your account.

If you stop making Your monthly Angel deposits for 3 consecutive months and you have Angel Credit and you don't contact us to make some other arrangement we will:

  1. Refund your Angel Credit to your nominated credit card or bank account, or
  2. If, after we have done our best to contact you, we can't refund your Angel Credit because your credit card or account details have changed, or you haven't provided us with an alternate way to pay you, we will deliver wine to the value of your Angel Credit to the address you last advised us; and
  3. If we can't deliver to that address because you have moved, or there is no-one at that address to accept delivery of the wine, you acknowledge that we will donate that wine to a registered charity, who can use the wine for their fundraising. This way everyone benefits.

What does Angel exclusive mean?

Angel exclusive means that Angels will always get first dibs on all new products as soon as they hit the store (usually around four weeks). Once Angels have had first dibs, the product will be released to all customers to purchase at the list price, however Angels will always have first dibs.

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Intellectual Property

All content displayed or comprising the website, including without limitation the images, brand names, trademarks, commentary, website layout and software are subject to intellectual property protection in Australia and internationally. You do not have permission to modify the content on this website, permit unauthorized users to access it (whether intentionally or otherwise) or transmit it to third parties. Any misuse of Our intellectual property rights and/or Our partners' intellectual property rights will result in immediate termination of Your account and You may be liable for damages.

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Website Information

Information contained on our website is uploaded regularly. We cannot guarantee the information to be correct, current or complete as there are a number of factors which affect this information. We accept no responsibility or liability for any inaccuracies or typographical errors on our website.

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Product warranty

We warrant that the product supplied by Us is of merchantable quality when delivered to You. To the extent permitted by law We expressly disclaim all express, implied, statutory warranties, guarantees and representations. In accordance with clause 9 of these terms and conditions, Our warranty given in respect of merchantable quality is limited to the replacement or resupply of the affected product to You or a refund of the cost of the product, at Our discretion

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Liability

You acknowledge that We are not liable to You under any circumstances for any loss, damage or expense (including indirect or consequential, loss of opportunity or profits)You may incur from using our website. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective then our aggregate liability to You under these Terms for all exclusions referred to above for all and any causes of action (collectively) shall be limited to AU$50.

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Indemnity

You agree to indemnify, defend and hold Us, Our officers, employees, partners, suppliers, agents and contractors from and against all losses, proceedings, charges and costs (whether direct, indirect, special, exemplary or consequential) of every kind made against Us due to Your use, misuse or access to Our website and/or in allowing (with or without intention or knowledge) a person under 18 years of 18 access to Our website or to take delivery of the product on your behalf (whether with or without your permission).

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Force Majeure

We shall not be responsible to You if we are unable to deliver Your order or if we are prevented from performing our obligations under these Terms due to circumstances beyond our reasonable control. We will notify you of any delays to your delivery. However, if we are prevented from performing our obligations beyond a reasonable time then we may, at our discretion, elect to cancel Your order and provide a refund or credit to the value of the cancellation without further liability to You.

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Notices to You

We may contact you via the contact details provided by you including your email address. You must maintain Your contact details as current at all times.

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Entire Agreement

These Terms contain the entire agreement between You and Us for the use of Our website to purchase product. All and any other understandings, agreements and representations are hereby expressly excluded.

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Applicable law

These Terms are governed by the laws of New South Wales, Australia and the parties submit to the jurisdiction of the courts of New South Wales.

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Responsibility

It is Your responsibility to consume alcohol sensibly.

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Privacy Policy

When you join Naked Wines, we collect personal information about you to enable us to process and deliver your order. This information may include your name, date of birth, contact details, credit card or bank account information and other information relevant to your services.

By registering on our website, you consent to Naked Wines maintaining, recording, holding and using the personal data we collect about you. All data is collected lawfully and maintained in accordance with Australian privacy law.

We may also collect your personal information from you when you order wine, enter into one of our competitions or otherwise interact with us (such as through a Naked Wines application or through social media). This may include information such as preference information and other usage data. We may also collect your personal information from third parties where you have agreed with them that your information may be disclosed.

In addition, we collect information regarding activity on our website and other services, such as the number of visitors to the website or application, the date and time of those visits, the number of pages viewed, navigation patterns and, where relevant, the websites visited before visiting the website.

On our website, your visits are associated with cookies which are unique identifiers. This information may be collected on Naked Wines' behalf by web analytics companies. This information provides us with statistics that we can use to analyse and improve our websites and our products and services. The information we collect may also be used to allow Naked Wines to send you offers which we feel will be of interest to you, and to send notification of posts from users and winemakers to your "wall". If you would prefer not to receive these e-mails please go to the "Change my details" section of the "My Account" screen where you can update your e-mail preferences.

We may combine personal information we receive about you with other information we hold about you. This includes information received from third parties. We take all reasonable steps to ensure that the personal information we hold is protected from misuse, interference and loss, and unauthorised access, modification or disclosure by the use of various methods, including secure storage. Where we store your personal information with a third party data storage provider, we require them to keep it secure and only use or disclose it for the purpose for which it was provided.

Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal information that we hold.

Your Naked Me profile is a public page and can be viewed by other visitors to the website. If you would prefer to make your profile private you can do so directly on your Naked Me page. We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to e.g. to our delivery company to get you your wine.

If you opt-out of emails from Naked Wines, you will only be contacted by us regarding service issues such as, without limitation, order confirmation and delivery confirmation, significant changes to terms and conditions and non-marketing e-mails.

If you have any questions relating to this policy, contact us by e-mail on: chat@nakedwines.com.au

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