Symphonia Wine Club

Terms and Conditions

Disclosures under Fair Trading Act 1987 (NSW)

Please ensure you carefully review the terms and conditions below which apply to the sale of products through the Symphonia Fine Wines website.

1. Welcome to the Symphonia Wine Club (“Wine Club”). The Wine Club is operated by Symphonia Fine Wines of 1699 Boggy Creek Rd, Myrrhee VIC 3732, Australia (“Symphonia Fine Wines”). To join the Wine Club, you must be 18 years of age or over, be a resident of and living in Australia, and agree to the terms and conditions set out below.

2. There is no membership fee payable for joining the Wine Club. 

3. By registering as a member of the Wine Club, you agree to be bound by these terms and conditions.

4. Members must not use false or misleading information when registering as a member of the Wine Club.

5. Members receive:

Complimentary membership;

20% discount on all wine purchases (except where discounts/exclusions already apply);

Free shipping on all purchases for delivery within Australia;

First access to new vintage and aged release wines; and

Invitations to members-only events

6. Members authorise Symphonia Fine Wines to debit their nominated debit or credit card for the purchase of a mixed case of twelve Symphonia Fine Wines’ wines two or four times a year (depending on the option selected). Wines are subject to availability.

7. If the member’s registered credit or debit card account is invalid, including an outdated expiry date, all membership benefits will be suspended until such time as valid credit or debit card account details are provided.

8. Symphonia Fine Wines reserves the right to change pricing at any time. 

9. Prices given for other wines are effective as at the date on which the price is given and are subject to change in Symphonia Fine Wines' discretion without notice.

10. Any times for delivery quoted by the Wine Club are approximate only and to the extent permitted by law the Wine Club shall not be liable to the member for the failure to supply or deliver the wines, if the failure to supply or deliver was outside of Symphonia Fine Wines’ control.

11. Deliveries will be delivered to the member’s specified delivery address. Symphonia Fine Wines has no liability whatsoever for any wine delivered to an address which has not been correctly recorded or updated by a member on the Symphonia Fine Wines website. Symphonia Fine Wines only ships to addresses in Australia, excluding PO boxes.

12. All deliveries must be delivered to the member, another adult person at the delivery address specified by the member who undertakes to accept the delivery on the member’s behalf, or in accordance with the member’s instructions. Anyone at the member’s delivery address who receives the delivery will be presumed by Symphonia Fine Wines to be authorised to receive the delivery on the member’s behalf. Symphonia Fine Wines may request that the person who receives the delivery provide satisfactory evidence of proof of age. You acknowledge that it is an offence for liquor to be delivered to a person under the age of 18 years, or for a person under the age of 18 years to purchase liquor. Symphonia Fine Wines will refuse to deliver the delivery if the person receiving the delivery is unable or unwilling to provide evidence of proof of age.

13. All risk and title shall pass to the member and the member shall bear the risk of any loss, damage or deterioration of or to the wines from the time that the wines are delivered to the delivery address (including where the delivery address is unattended).

14. To the extent permitted by law, Symphonia Fine Wines excludes all liability for lost, stolen or damaged wine delivered to an unattended delivery address nominated by a member where Symphonia Fine Wines can establish that the wine was delivered to that nominated delivery location.

15. If a wine obtained through the Wine Club is damaged or faulty upon delivery (through no fault of the member), the member should provide Symphonia Fine Wines with written notice giving reasonable particulars of any such alleged damage or fault within 3 days of delivery.

16. Wines will not be accepted for exchange or refund if they have been damaged, opened, wholly or partially consumed or used after delivery (unless the basis for the request for an exchange or refund was not reasonably discoverable without opening or consuming the wine). The member acknowledges and agrees that no claim whatsoever shall be accepted by Symphonia Fine Wines (or any of its agents) for any damage to, or partial loss of, the delivery which occurred during transit where written notice is not provided within 3 days of delivery. On accepting the member’s claim, Symphonia Fine Wines will at its discretion replace or refund the goods and pay for any additional delivery charges.

17. Any heat damage due to wine being left outside after delivery will not be accepted by Symphonia Fine Wines as we cannot control the weather and it is up to the member to be responsible for their deliveries.

18. Wines will not be accepted for exchange or refund if members change their mind.

19. The member understands that it is their responsibility to inform Symphonia Fine Wines of any change in address and delivery details. Members may access or change their details by emailing info@symphoniafinewines.com.au. Charges incurred with recovery of wines to an old or incorrect address or re-delivery fees associated with wine that is returned to sender will be the responsibility of the member.

20. Wines are for members’ personal consumption only and must not be used for retail sale or trade purposes.

21. Members must ensure that the personal details (including delivery address, phone number, and billing information) provided to Symphonia Fine Wines is accurate and kept up to date. 

22. Members may terminate their membership at any time by notifying the Wine Club in writing to info@symphoniafinewines.com.au. If the member terminates their membership either prior to receiving their first order or within 10 business days’ of delivery of a subsequent order, the member will be required to pay for that order. All member benefits will cease upon cancellation of the membership.

23. Personal information for all memberships will be collected for the purposes of operating and conducting the Wine Club. By joining the Wine Club, you consent to the use of your personal information by Symphonia Fine Wines for purposes including to receive news, promotional offers and other updates in relation to the Wine Club and Symphonia Fine Wines. Use of your personal information will occur in accordance with the Symphonia Fine Wines’ privacy policy available at symphoniafinewines.com.au.

24. Symphonia Fine Wines assumes no responsibility for any failure to receive any communications or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then Symphonia Fine Wines (where necessary with the approval of any relevant authority) may modify, cancel, terminate or suspend membership of the Wine Club.

25. Symphonia Fine Wines acknowledges that the Competition and Consumer Act 2010 (Cth), the Fair Trading Act 1987 (NSW) and other equivalent legislation implies or imposes statutory guarantees, conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded (Non Excludable Terms). Nothing in these terms and conditions is intended to exclude or restrict the application of Non Excludable Terms. Other than the Non Excludable Terms, Symphonia Fine Wines excludes all implied terms in relation to these terms and conditions.

26. So far as the law permits, Symphonia Fine Wines excludes all liability for loss of profits, loss of revenue, loss of opportunity or consequential or indirect loss, and limits its aggregate liability under or in connection with a member to the amount of one case (12) of wine units.

27. Symphonia Fine Wines reserves the right, at its sole discretion, to vary the Wine Club terms and conditions. Should Symphonia Fine Wines vary the terms and conditions, it will notify the Member via the email address provided by the member at the time of checkout. Your continued participation in the Wine Club after such notification will constitute your deemed acceptance of such variations.

28. Symphonia Fine Wines reserves the right to request verification of age, identity, residential address of members and any other information relevant to membership or participation in the Wine Club. Verification is at the discretion of Symphonia Fine Wines whose decision is final.

29. Symphonia Fine Wines reserves the right to suspend or terminate a member if Symphonia Fine Wines, acting reasonably, deems that a member is acting in breach of these terms and conditions or is using the Symphonia Fine Wines website or the Wine Club in a fraudulent or improper manner.

30. These terms and conditions are subject to the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

31. Any waiver by Symphonia Fine Wines under these terms and conditions must be in writing and signed by Symphonia Fine Wines. No failure, delay or the like by Symphonia Fine Wines shall affect its legal rights under these terms and conditions.

32. If any of provision of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

33. Symphonia Fine Wines encourages members to drink responsibly.