Terms of Service
1. Parties This agreement is between:
a. OneLux ABN 29 628 832 904, holder of Liquor Licence No.LIQP770016868 (us, we, our); and
b. the persons listed or stated in the Order (you, your).
2. This Agreement
a. These Purchase Terms and the Order represent the entire agreement governing your purchase of Products from us (Agreement) and supersedes any previous negotiations, representations, understandings or arrangements, whether oral or in writing.
b. Where an Order consists of multiple Deliveries whether on a single day or over a period of time, this Agreement applies to each Delivery.
a. Including any other right to terminate this Agreement, an Order or Delivery as set out in this Agreement, by giving the other party notice in accordance with clause 11:
i either party may immediately terminate this Agreement:
i if the other party breaches this Agreement; or
ii if the other party is insolvent or bankrupt,
ii if you are a Member, you may cancel your Membership at any time without reason;
iii if you are receiving the Regular Delivery Service, you may cancel it at any time without reason and on cancellation any further Deliveries applicable to that Regular Delivery Service will cease, unless already dispatched for Delivery, and any unused advance payments will be refunded to you; and
i we may cancel this Agreement including any existing Regular Delivery Service and cancel all Deliveries without liability to you:
ii if required to do so by law; iii if you fail to pay the Annual or Monthly Fee when due; or iv without reason and any unused advance payments will be refunded to you.
b. Termination of this Agreement does not affect any accrued rights and liabilities of either party.
4. You must be over 18 years of age
a. 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.
b. If you purchase Products from us, you warrant to us that: i you are over the age of 18 years; and ii any person that you are obtaining the Products for, or supply the Products to, is over the age of 18 years.
c. We reserve the right to cancel any Order or refuse to supply you with any Products you Order if we are not satisfied you meet the requirements in clause 4.2.
5. Acceptance and filling of Orders
a. Any Order may be accepted or rejected by us in our absolute discretion.
b. We will make reasonable endeavours to fill your Order, however we do not guarantee that Products you request will be available.
c. Unless otherwise agreed we will not provide rainchecks for Goods you Order that are unavailable.
d. If the Goods you request are unavailable:
i we will replace the Goods with other Goods of equivalent value and quality; or
ii you may cancel the Order or return the Goods to us in accordance with clause 14 and we will refund any money you have paid to us in relation to that Order.
6. Representations of Goods
Although we aim to include the most up-to-date pictures of the Goods in our materials and on our Site, pictures are for illustrative purposes only and should not be relied upon.
7. Promotions and Special Offers
a. Any stated terms and conditions of specials, promotions, clearances, offers and discounted items apply in addition to the terms of this Agreement.
b. Any specials, promotions, clearances, special offers or discounted items we advertise or offer to you are available only while stocks last unless we state otherwise.
8. Fees and Charges
a. If you are receiving our Regular Delivery Service:
i the Product Price for Products is the amount applicable on the date we receive your Order; and
ii the Product Price per dozen or half-dozen bottles at the time you agreed to receive our Regular Delivery Service is an average Product Price only and the Product Price for each Delivery will be the amount applicable at the time your Goods are packaged and processed, ready for Delivery; and
iii OneLux reserves the right to change the average Product Price inline with Consumer Price Index (CPI) increases without written notification.
b. Freight Charges are payable in addition to the Product Price.
c. Unless otherwise stated in this Agreement or agreed in writing by us, you must pay us the Total Price including any GST applicable to your Order in accordance with the payment methods, and at the time set out on our invoice, or as otherwise advised when you submit and Order.
d. All transactions a processed in Australian Dollars.
9. Pricing Errors
a. Where we become aware the price of any Goods shown on our Site or in our materials is incorrect by being:
i higher than the correct price we will refund the overpayment to you by providing you with a cheque or crediting any overpaid amounts which may have been debited to your credit or charge card; or
ii lower than the correct price, we reserve the right to not accept such Orders for Goods or cancel the Order even if the Order has been accepted and payment received.
b. Prior to cancelling or rejecting your Order we will contact and offer you the option of amending your Order and proceeding with the purchase of the Goods at the correct price.
c. If you decline to proceed with the purchase of the Goods we will refund any payments to you by providing you with a cheque or crediting any amounts which may have been debited to your credit or charge card.
a. You may become a Member by filling out and submitting a Membership Form. If you become a member, these Purchase Terms apply to you.
b. If you become a Member, you will be required to pay an annual or quarterly Membership Fee every 12 month or 3 month period of your Membership. Your Membership will be automatically renewed every 12 months or 3 month respectively and you will be liable to pay us the Membership Fee.
c. In addition to any Regular Deliveries Service you may select, we may also provide you from time to time with certain membership benefits, such as tasting notes, recipes and exclusive member offers (such as discounts on purchases of wines and special offers from third parties) or other benefits (Member Benefits).
d. We reserve the right to add to, vary substitute, or omit the Member Benefits at any time, in our absolute discretion, and without notice to you.
11. Privacy and Personal Information
a. The personal information we collect from you generally includes your name, address, telephone number/s, email address and information required for order processing and payment. We may also collect information from you concerning your preferred wine type/s or other related products or services.
b. We collect your personal information through a range of sources including the membership form you fill in to become a member, information you provide over the telephone to our sales consultants or member of our customer service team, surveys and questionnaires you complete, and at our related events and functions.
c. We use your personal information to provide products and services and Additional Benefits. If you do not want to receive information from us regarding our products and services or Additional Benefits, please advise us.
12. Freight and Delivery
a. In addition to the Product Price, you must pay the Delivery Fees.
b. The amount of the Delivery Fee may vary depending on the Delivery Address and quantity of Products ordered.
c. Delivery Fees may be calculated on the Site but are subject to change from time to time without notice to you.
d. If the Delivery Address is within our Delivery Area we will arrange delivery of the Goods to the Delivery Address otherwise we will contact you within a reasonable time to discuss alternative arrangements which may include us not accepting your Order.
e. If you change your Delivery Address and the new Delivery Address which you nominate is not in the Delivery Area we will not be obliged to continue to deliver Goods to you but will contact you to discuss alternative arrangements which may include us not accepting your Order or if you have a Regular Delivery Service, us terminating the Regular Delivery Service in which case we will refund any unused portion of any advance payments.
f. If you are receiving a Regular Delivery Service:
i the composition of the Products and the frequency of Deliveries will be determined by the particular Regular Delivery Service you have chosen, however, you may request a change to the composition of Products and the frequency of Deliveries at any time for future Deliveries by giving us notice as set out in clause 18 (subject to any exclusions or limitations that may apply to your particular Regular Delivery Service and which we have informed you of); and
ii you may also request that we cancel a particular Delivery except where the Goods have not already been dispatched.
g. Delivery times vary depending on the Delivery Address. We will use best endeavours to ensure that Goods you order are delivered to the Delivery Address. However, if our Delivery carriers are unable to deliver the Goods to a Delivery Address you specify (including if there is no-one at the Delivery Address to receive the Goods), our carrier may leave your Goods at the local post office or courier depot and may leave a calling card at the Delivery Address. If a calling card is left at the Delivery Address, you must arrange to collect the Goods from the post office or courier depot (or if applicable, have them re-delivered to your Delivery Address at your cost.
h. Subject to clause 12.11, anyone at the Delivery Address who receives the Goods will be presumed by us to be authorised to receive the Goods on your behalf.
i. We are required by law to give written instructions to the person responsible for delivering the Goods, requiring that the Goods be delivered:
i to the adult person who placed the Order; or
ii in accordance with your instructions, to another adult person at the Delivery Address who can accept the order on your behalf provided they are over the age of 18 years.
j. We may cancel an Order or refuse Delivery and anyone making a Delivery may refuse to deliver the Goods to a person if they fail to provide proof of age satisfactory to us or the person delivering the Goods that the recipient is aged eighteen (18) years or over.
k. Unless otherwise agreed by us, a Delivery will not be made until we receive the Total Payment relating to that Delivery and we reserve the right to cancel any Order or suspend any Delivery if we have not received the Total Payment prior to despatch.
l. Orders are generally processed and dispatched within 2 business days, however on occasion may take up to 7-10 business days. Should an item be out of stock or require extended processing time we will contact you to advise the ETA at which point you may choose to cancel the order.
13. Risk and Title
a. Risk in the Goods passes to you upon delivery of the Goods to the Delivery Address.
b. Title in the Goods passes to you on receipt of the Total Price by us.
14. Returns Policy
a. Within 1 month of a Delivery to you, you may return Goods we have delivered to you for any reason in accordance with this section.
b. If you wish to return Goods to us, you must notify our Customer Service department within 30 days of the Delivery and provide us with details of the Delivery.
c. We will accept returns of Goods where the return is of the entire Delivery of Goods in their original condition (i.e. Goods that have not been opened) and retain your Delivery details on the outside of the carton.
d. Where Goods have been opened, damaged, partly consumed, only form part of the entire Delivery or have spoiled, it will be at our absolute discretion whether we will accept return of the Goods.
e. If you notify us and we agree to accept a return of the Goods, we will arrange collection of the Goods from the Delivery Address by a carrier. The carrier will contact you by phone to arrange a mutually convenient time for collection. Provided we can collect the Goods from the Delivery Address, we will bear the cost of any freight charges associated with your return of Goods.
f. If we accept return of the Goods under this clause 14, we will either refund the Product Price to you or provide you with a credit note against future purchases of Goods, which represents that portion of the relevant Delivery being returned.
g. “Tasting Packages” or “Wine In Tube” are not included under this clause 14 and are considered final purchases.
15. Our liability
a. To the fullest extent permitted by law, we exclude all warranties (whether express or implied) in relation to any Products or Additional Benefits, and will not be liable to you for any loss, cost, damage or expense you suffer in connection with or arising from our provision (or failure to provide) the Products or Additional Benefits.
b. We do not make, and have not made any warranty or representation as to the suitability of any Products we supply for any particular purpose.
c. We do not warrant the accuracy of information contained on our Site, catalogues or other materials and recommend that you read the label on Goods carefully before consuming the Goods.
d. To the fullest extent permitted by law, we will not be liable for any loss, damage to property, personal injury or death arising from or in connection with use of any Products by you or any third party. You use the Products at your own risk.
e. We will not be liable for any consequential or indirect loss or loss of profits, opportunity or chance you suffer in connection with this Agreement or any Products used by you.
f. To the extent permitted by law, you agree that our liability arising out of or in connection with any breach of an express or implied warranty or condition of our Agreement is limited to:
i if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods, or the payment of the cost of replacing the Goods or of acquiring equivalent Goods; and
ii if the condition relates to Services, the supplying of the Services again or the payment of the cost of having the Services supplied again.
16. Our brand and brands we sell
a. You acknowledge and agree that any trade marks, logos or copyright materials which appear on our Site, catalogues or other materials produced by us (or on our behalf) and distributed to you are owned by or licensed to us, and that you must not do anything to prejudice our rights or those of the owner in relation to those trade marks, logos or copyright materials.
17. Amendments to this Agreement
We may add to, delete, or otherwise change any of the terms of this Agreement at any time. If we make a substantial change to the terms of this Agreement, we will post the up to date terms (New Terms) on the Site and the New Terms will be effective immediately on posting. You are responsible for monitoring the Site for New Terms. If you do not consent to any New Terms, you must notify us immediately that you terminate this Agreement. Your placement of any further Order or continued use of any Products indicates your acceptance of the New Terms.
18. How to give notice
a. You can give notice to us under this Agreement by telephoning our Customer Service Centre, writing to us at our address as set out on our website, or by emailing us at firstname.lastname@example.org. If you write to us the letter or must be clearly legible and signed by you.
b. We can give notice to you by writing to you, telephoning you, emailing you or sending you a fax using the contact details you provide to us from time to time.
c. Any notice sent under this Agreement will be taken to be received by the other party:
i in the case of a letter, on the third business day after the date of posting;
ii in the case of a fax, on production of a transmission report by the machine from which the facsimile was sent which indicates that the fax communication was sent in its entirety to the fax number of the recipient; and
iii if the time of dispatch of a facsimile is not on a business day, or is after 5.00 pm (local time) on a business day, at the commencement of business on the next business day.
a. Any word or provision of this Agreement must be read down, where possible, or severed if this Agreement will be otherwise void, voidable or unenforceable. The remainder of this Agreement has full effect.
b. We do not waive a right or remedy created by this Agreement except we give you a written, signed waiver. Any delay in exercising our rights or remedies is not a waiver of those rights or remedies, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any other right we have.
c. You must not assign, sell or transfer your interest under this Agreement. We may, in our discretion, assign, sell or transfer our interest in this Agreement by notice in writing to you.
d. The laws of New South Wales govern this Agreement and each party submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
20. Regular Delivery Service
a. Unless you terminate this Agreement as permitted herein, if you Order a Regular Delivery Service, the minimum term will be 3 months or 12 months and will be automatically renewed at the end of each 3 month or 12 month period for a further term of 3 months or 12 months respectively, subject to payment of any renewal fee.
In these Purchase Terms:
• Authority means any government, semi governmental, statutory, administrative, fiscal or judicial body, department, commission, authority, tribunal, public or other person.
• Delivery means any delivery of Goods to you requested in an Order.
• Delivery Address means:
1. for deliveries to metropolitan areas, the delivery address you specify on the Order (or as notified by you from time to time); or
2. for deliveries to regional areas, the nearest Post Office to the delivery address you specify on the Order.
• Delivery Area means any area(s) we nominate for which we will arrange Delivery but excludes areas that are classified by an Authority as alcohol-free zones.
• Delivery Charges means fees plus any GST for the freighting and delivery of any Products to you.
• Goods means wine and alcoholic beverages and any other goods we supply to you from time to time, including any goods supplied as part of the Additional Benefits.
• Member means any person who:
1. is accepted as a member by us after receiving a completed membership form; and
2. has paid the Membership Fee. Membership Fee means the non-refundable fee payable by you to become Member. Membership Form means the form submitted by prospective members to us either online, at a sales kiosk or with one of our sales representatives.
• Order means any oral or written request that You give to us and which is accepted by us, to supply you with Products, including any order for a Regular Delivery Service, which is given via the following approved mediums:
1. the Site;
2. by telephone at 1300 728 138 (or such other telephone number we have notified to you);
3. by regular mail to OneLux Suite 6.01, Level 6/201 Kent Street Sydney, NSW 2000; or
4. in person at a Sales Kiosk.
• Product Price means the price of Products you Order, including GST but excluding Delivery Charges.
• Products means any Goods and Services as the context dictates
• Regular Delivery Service means any package or arrangement offered by us to Members from time to time which consists of the periodical Delivery of Goods over a period of time and which has been selected by you and specified in your Order.
• Sales Kiosk means a Wine Selectors branded retail kiosk.
• Services means any services we supply to you, including any services supplied as part of the Additional Benefits.
• Site means www.onelux.com.au
• Total Price means the Product Price plus the Delivery Charges.
22. Price Match Guarantee
If you find a better price before purchase then we will do our best to match it when; a) the compared price is of the same item, b) that product is in stock with both the competitor and OneLux, and c) the compared price is an Australian based company selling authorised product.
F1 Series Terms and conditions
1. The Event Series is being conducted by OneLux Group Pty Ltd (the “Organiser”). Participation
in the Event Series is subject to the approval of the Organiser and your agreement with these
terms and conditions.
2. You should read the following terms and conditions carefully. Acceptance of any booking is
subject to you confirming your understanding of and agreeing with the following terms and
conditions. It is acknowledged that once deposit monies are received you have accepted
these terms and conditions.
Bookings and Payment
3. There are a limited number of places on the Event Series. Bookings will be accepted on a
strictly first-come-first-served basis.
4. To book you must complete the registration form and pay an AUD$10,000 inc GST deposit for
each of the event locations you are attending.
5. Acceptance of your booking is subject to the payment of the deposit and the approval of the
Organiser. Forms not completed or not followed by proof of payment will not be accepted. You
will be notified by email on the Organiser if your booking has been accepted. If your booking is
not accepted, the deposit will be returned.
6. The remaining balance of the participation fee is payable within 7 days via EFT or credit card.
7. Invoice will be issued to each customer within 24 to 48 hrs based on the registration form
8. All payments are to be made via bank transfer to the following bank account:
Bank: Commonwealth Bank
Account: OneLux Group Pty Ltd
Account No: 1151041
Branch: Commbank Wynyard
309-315 George Street, Sydney, NSW 2000
9. Payment remittances for registration can be sent to: email@example.com
10. PLEASE NOTE: If the balance of the participation fee is not received within 7 days of the date of
invoice, the invoice will be void and the booking may be canceled. To participate in the event
you will need to re-book and your priority for participation will be determined by the date that
you re-book. You will not retain your original position on the Event Series.
11. Your deposit is non-refundable once your booking has been accepted by the Organiser.
12. You may cancel your booking by notification to the Organiser not less than 120 days prior to
the start of the Event. Provided notification is given by this date, you will be refunded the
balance of the Participation fee (less the non-refundable deposit and any bank fees).
13. In the event that the Event Series is canceled for whatever reason by the Organiser, you
will be refunded 50% of the total value or your deposit amount if greater.
Changes to the event itinerary and Event Series
14. You acknowledge and agree that the conduct of the Event Series is subject to weather and other
external events, such as fires, floods, road closures and other similar events beyond the control
of the Organiser. Should such events require amendments to the event itinerary or the Event
Series, the Organiser will take all reasonable steps to provide an equivalent experience to that
initially planned. You agree that in such circumstances you have no right to make any claim
against the Organiser for any failure to comply with the original itinerary or to hold any
15. You agree that your participation in the Event Series, including your continued participation
once the event has commenced, is conditional upon the following:
a. All attendees agree to have their own travel insurance that is sufficient for all activities
within the experience; including but not limited to the inclusion of unscheduled flights.
b. You must comply with the reasonable directions of the management of all venues
you attend during the Event Series.
c. You will conduct yourself generally in a manner that will not damage or bring into
disrepute the image and/or reputation of the Organiser.
Release and Indemnity
16. As a further condition of participating in the Event Series:
a. You acknowledge and agree that
i. that accidents can and do happen and may happen to you; and
ii. you accept the conditions of, and acknowledge the risks arising from,
attending or participating in the Event Series; and
b. You agree to release the Organiser, and all other promoters, organisers, contractors and
associated workers involved in the organisation and conduct of the event (collectively, the
“Associated Entities”) from any and all liability
arising from or related to your death, personal injury, psychological trauma or loss or
damage to property, howsoever arising from your participation in or attendance at
the Event Series, except to the extent prohibited by law;
c. You agree to indemnify and hold harmless the Organiser, and the Associated Entities
against any claim of loss or damage by any third party howsoever arising in
connection with your participation in the Event;
d. You further agree that you will execute, and will procure any person accompanying you
on the event to execute, any waiver or release reasonably required by the Organiser,
or any Associated Entity in connection with your participation in the event
Privacy and Use of Data and Images
17. The Organiser complies with the Australian Privacy Principles and its other obligations under
18. Any personal Information collected by us in connection with the event will only be used:
a. for the management of your registration and your participation in the Event Series,
b. to grant you authorization to access an event site;
c. to realize and manage all the necessary activities, related and connected with the
organization of the Event;
d. to execute all our present and future legal obligations;
e. subject to your express consent, to use and publish your image on the websites or
other promotional communications of the Organiser;
f. to manage or facilitate the provision of assistance in any emergency health situation, such
as motor-vehicle or other accident or in relation to the prevention of contagions such as
g. to offer additional services and experience offerings that align with the event.
19. You agree that we may share your personal information with other Associated Entities
to the extent consistent with the above.
20. You further warrant and agree that where you have provided personal information relating to
another person (such as, for example, a companion that will join you during the Event), you
have informed and procured the consent of such person that their personal data may be used
as set out in these terms and conditions.
Limitations and Warranties
21. subject to clause 22:
a. The liability of the Organiser to you in connection with the event is limited to the
extent permitted by law to the amounts paid by you to the Organiser to participate in
the Event Series.
b. No warranty, condition, undertaking or term, express or implied, statutory or otherwise,
as to the condition, quality, performance, merchantability or fitness for purpose of any
goods or services provided under this Agreement is given or assumed by the Organiser
and all such conditions, warranties and liabilities (including liability as to negligence)
express or implied relating to such goods or services are hereby excluded.
22. Notwithstanding Clause 21, if this Agreement constitutes a supply of goods or services to a
consumer, as defined in the Australian Consumer Law, then to the full extent permitted by law,
nothing in this Agreement will be construed as excluding, restricting or modifying any express
or implied condition, warranty, right or remedy conferred by such legislation on you
and the liability of the Organiser in respect of a breach of a condition or warranty implied by
such legislation (other than any non-excludable implied conditions or warranties), including
liability for any consequential loss which you or any other entity or person may sustain or incur,
will be limited, at the Organiser’s option, to:
a. The repair or re-supply of the goods or services; or
b. the payment of the cost of having the goods or services repaired or re-supplied; or
c. in the case of goods, the replacement of the goods with equivalent goods, or the
payment of the costs of such replacement.
23. The parties undertake to use all reasonable efforts in good faith to resolve any dispute that
arises between them in connection with these terms and conditions.
24. Any dispute, controversy or claim arising out of or relating to this Agreement will first be the
subject of conciliation which will be administered by the Australian Disputes Centre Limited
("ADC") and conducted in accordance with the Conciliation Rules of the ADC in force at the
date of this Agreement.
25. Any conciliation proceedings will be held in Sydney.
26. The obligations of the parties that are capable of enduring termination will survive
termination of these terms and conditions.
27. A single or partial exercise or waiver of a right relating to these terms and conditions will not
prevent any other exercise of that right or the exercise of any other right. A party will not be
liable for any loss, cost or expense of any other party caused or contributed to by the waiver,
exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
28. Each provision of these terms and conditions is severable from the others and no severance of
a provision will affect any other provision.
29. These terms and conditions constitute the entire agreement between the parties as to its
subject matter and supersedes all prior representations and agreements in connection with
that subject matter; and may only be altered in writing signed by both parties.
30. These terms and conditions are governed by the laws having effect in the State of New
South Wales, and the parties submit to the exclusive jurisdiction of the courts having
jurisdiction in that State, and all courts hearing appeals from them.