Terms and Conditions of Sale
1.1 These terms may be varied by Jacob’s Creek Wines from time to time.
1.2 Purchases made through this site are made under South Australian Liquor License No 51205530.
2.1 The prices advertised by Jacob’s Creek Wines may be altered at any time without notice. However if the prices that change are prices members have already registered for, then Jacob’s Creek Wines will advise the member in writing of the new amount to be debited from their credit card at least 28 days prior the upcoming despatch.
2.2 Prices quoted are in Australian dollars; and include GST, and all other taxes. Freight may be additional but will be notified to you at the time of check out.
3. Orders (Online store & Membership packs)
3.1 When placing an order with Jacob’s Creek Wines, you confirm that all the details that you have provided in completing the order and offer to purchase the goods are true and correct.
3.2 It is a condition of purchase that you verify that you are 18 years of age or over. All orders are subject to acceptance by Jacob’s Creek Wines.
3.3 Upon purchase of a Wine Club Membership the member will automatically receive a wine delivery every 3 months recurring, each consisting of the nominated Wine Pack Selection and the member’s credit card's will be debited for the associated costs. The member will also receive a relevant discount based on their membership product selection. This discount and other relevant member benefits are only applicable to "Active" wine club members for any additional wine purchases of wines, wine paraphernalia from the Jacob’s Creek Wine Club. Member Discounts are not applicable on gift vouchers or cards.
3.4 Jacob’s Creek Wines may at its own discretion substitute alternative products or vintages of a similar value or style if a product is unavailable at the time of despatch.
3.5 All specials, promotions, clearances, offers and discounted items are subject to their specific terms and conditions and are whilst stocks last unless otherwise indicated.
4.1 Despatch of the wine club deliveries is due to occur approximately within 2 business days of your initial membership sign-up and will continue recurring every three months from each user's unique sign update.
4.2 Products will be delivered to the address provided at time of sign-up or check-out (as the case may be).
4.2.1 Wine Club Members are able to update their nominated delivery address at any time via their online membership account dashboard.
4.3 If a freight cost applies it will be provided at check-out.
4.4 Risk in the goods passes to the member upon delivery.
4.5 Jacob’s Creek Wines may consign or ship products to the member in instalments at varying times.
4.6 Jacob’s Creek Wines is not responsible for and does not accept liability for delay or non-delivery of products. In the case of late delivery, the member must accept goods delivered.
4.7 If the member is not at the delivery address at the time of delivery the goods may be left with a person at the delivery address who is 18 years or older but may be required to show proof of age. In the event nobody is at the delivery address who meets the criteria under these terms and conditions, a waiting card will be left in the member’s mailbox. This card will advise the next steps required to obtain delivery of the member’s order. The member’s order will not be left with persons under the age of 18 years. Jacob’s Creek Wines cannot agree to unattended deliveries in any circumstances.
4.8 In the event a customer has provided Authority to leave (ATL) on their delivery. All responsibility falls on the customer and the delivery agent. Jacob's Creek Wine Club is not responsible for any lost, stolen or damaged goods that occur due to the requested ATL action.
5.1 The member’s nominated payment method or secondary payment method will be debited for the wine and associated costs approximately 2 days prior to despatch.
5.2 If for any reason the member’s credit card is unable to be debited for the cost of the wine or membership delivery then Jacob’s Creek Wine Club staff will contact the member to advise that the order was unable to be processed.
5.3 Once the Wine Club Members payment method has expired or deemed 'out of date', their membership and all associated benefits will be paused. All benefits will be regained once their membership has successfully re-commenced by way of completed delivery of membership pack.
6.1 The member’s rights under the Australian Consumer Law are not affected by these terms and conditions, namely our goods 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 for 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.
6.2 Jacob’s Creek Wines will accept and replace faulty and/or out of condition goods or goods that are wrongly described or breach a consumer guarantee returned by the member provided that the goods were not broken or damaged after delivery, the goods are not out of shelf life and the member notifies Jacob’s Creek Wines of their intention to return the goods within 7 days of delivery. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return (only when Jacob’s Creek Wines is at fault or have breached a consumer guarantee. In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the member).
7.1 Subject to any relevant statutory provision, these terms contain the entire agreement between Jacob’s Creek Wines and the member on the subject matter and all representations, warranties and agreements (whether express or implied and whether statutory or otherwise) are expressly excluded and Jacob’s Creek Wines’ liability is limited to the lessor of the cost of replacing the products; or the costs of obtaining equivalent products.
7.2 Contents of this site do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
7.3 To the extent permitted by law Jacob’s Creek Wines disclaims all liability (however arising including negligence) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the content, the site and/or any website to which the site is linked, or any action taken (or refrained from being taken) as a result of using any of these.
8. Promotional Vouchers
Promotional vouchers cannot be exchanged for cash, used in conjunction with one another, re-used on another transaction, or partially used across multiple orders.
9. On-Supply of Products
9.1 The member must not sell, solicit sale of or promote Jacob’s Creek Wines products outside of Australia or to any person whom the member knows, believes or ought to reasonably suspect will buy these products: for resale inside or outside Australia; for sale to a third party who will sell those products outside or inside Australia.
9.2 The member must indemnify Jacob’s Creek Wines against all claims, actions, liabilities, charges, expenses, losses, damages and costs (whether incurred by or awarded against Jacob’s Creek Wines) arising out of or in connection with a breach of this clause.
10. Registration for an account/membership
10.2 Jacob’s Creek Wines may require additional information to provide the service and Jacob’s Creek Wines reserve the right to decline, suspend or terminate a member’s account at any time at Jacob’s Creek Wines’ absolute discretion.
10.3 Membership can be cancelled or suspended at any time. Please note cancellations need to be provided with a minimum notice period of 14 business days prior to the customer's next wine delivery date (3 Month rolling date of the customers original 'sign-up' date). If a cancellation or suspension request is received within the required minimum outlined period the cancellation request will come in to effect in the following club delivery despatch date.
All membership cancellations and suspensions must be advised via
either of the below methods:
a. In Writing to the Wine Club Manager
Attn: Wine Club Cancellations
Address: Jacob’s Creek Wines GPO Box 2246, Adelaide SA 5001
b. by email to: firstname.lastname@example.org
c. Via customer account dashboard on the Wine Club website
10.4 The member is responsible for maintaining the confidentiality of their password and or access code (“Password”) and they will be liable for any breach of privacy arising from unauthorised access to the site caused by or connected with the disclosure of the email address and/or password. The member is further responsible for all fees and charges incurred on the account arising from access to the account due to this.
11. Responsible Service of Alcohol
11.1 Jacob’s Creek Wines supports the responsible service and consumption of alcohol and recommends that alcohol be enjoyed in moderation.
11.2 It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. The member therefore warrants that they are 18 years or over of age; and that any person that you are obtaining the products for is also 18 years or over.
12. Jacob’s Creek Wines is a registered business name of Pernod Ricard Winemakers Pty Ltd ABN 75 007 870 046 and any reference to Jacob’s Creek or Jacob’s Creek Wines in these conditions includes a reference to that company.