Terms and Conditions

Introduction

Somm Wine Distribution Pty Ltd (“Somm”) operates this website and provides services with respect to the supply of wine and ancillary matters (all together called “the Services”). It is a condition of your use of the Services that you agree to the following terms and conditions (“Terms”). Your agreement may be signified by:

  • continuing to use the Services after being given the opportunity to read and review the Terms;
  • clicking to accept the Terms when that option is provided to you on the website.

The Terms may be modified from time to time, which will be notified on the website. Your agreement to the modified Terms may be signified as set out above.


Personal use

You can only use the Services for personal purposes and, in particular, cannot use the Services for the purposes of resale or resupply of any product or information obtained from Somm.


Continuing service

When you register an account, you are agreeing to an ongoing subscription with Somm for the supply of the Services. In particular, you agree that:

  • Somm may debit your nominated credit card at the frequency agreed when you register the account;
  • the frequency of the supply of wine (and the debiting of your account) may be varied by agreement between Somm and you;
  • if you wish to terminate your account, you must notify Somm;
  • termination will occur on receipt of your notification, but if your notification is received while your wine order is being processed, termination will occur after delivery of that order.

Declarations, acknowledgements, limitations

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. By registering an account, you declare to Somm that you are at least 18 years old and not under any legal disability.

You are not permitted to place on the website any information or material that is false, defamatory, abusive, harassing or hateful, or use obscene or offensive language. All communications with Somm are also subject to the same limitations.

You are not permitted to place on the website any material that is encrypted, that constitutes junk mail or advertising, that invades a person’s privacy or that may encourage or incite conduct which may give rise to civil or criminal action.

You acknowledge that the information provided by Somm through the Services is the sole property of Somm (or other owner of the copyright, trademark or intellectual property). You may not use or distribute such information contrary to law.


Warranty

Somm takes every effort to ensure all information provided through the Services is correct. However, Somm does not give any warranty or guarantee that the information is accurate or complete or provides a proper basis upon which you may make a decision. You acknowledge that the information provided through the Services is of a general nature only and is not intended as specific advice to you.

Somm may publish information provided by users or other entities. Such publication does not constitute acceptance or endorsement of that information or its source.

To the extent permitted by law, Somm disclaims and excludes all and any liability which may arise in any way by or from your use of the Services.


Returns, complaints

If you do not receive your order, your order is damaged in any way or you are dissatisfied with the Services, email us at info@sommwines.com.au within 30 days of delivery (or the due date for delivery). We will work with you to resolve the matter to your complete satisfaction.


Privacy

When you register an account, you need to provide Somm with certain information, some of which is personal information. Somm’s collection and use of personal information is undertaken in accordance with our privacy policy with a view to ensuring strict compliance with our obligations under privacy laws. You can read our privacy policy by clicking here.


Action by Somm

Somm may cancel the account(s) of any person who does not, in its opinion, abide by the Terms, or does not act in good faith in their dealings with Somm. This may not be the sole action taken by Somm. Somm reserves the right to pursue other legal remedies.

Somm may cease or discontinue the Services or any action or thing which constitutes part of the Services, in its sole discretion, and shall not be liable to any action or remedy if it does so, other than a refund of any amount debited to your account for a product not supplied.