This website (the Site) is operated by Finestro Pty Ltd (ACN 654 253 460) (we, our or us). Finestro provides a platform for a user of the Site (you, your) to purchase and pay for wine and other products (Products) from various wineries (Partners) at the same time.
The use of this Site is subject to these terms and conditions and the Privacy Policy, as amended from time to time (collectively called the Terms). By using this Site, you agree to comply with and be subject to all of the following terms and conditions of use.
By accessing and using the Site you:
a. agree that you accept, and will use the Site in accordance with the Terms;
b. confirm that you are 18 years of age or over, and that you have the legal capacity to enter into legally binding agreements with one or more Partners;
c. agree to our collection, use and disclosure of your personal information as set out in the Privacy Policy; and
d. are ordering Product from, for delivery to, a place in Australia (except the Northern Territory).
The sale of alcohol in Australia is governed by the respective legal frameworks in each State and Territory. All Partners featured on this Site carry a current liquor licence (which can be made available on request) issued by the relevant State or Territory in which they operate. Due to legal requirements to have a physical presence and licence in the Northern Territory, we are unable to take orders for delivery into the Northern Territory.
Finestro supports the responsible sale and consumption of alcohol and adheres to the Online Alcohol Sale and Delivery Code of Conduct (the Code). The Code is an industry wide framework developed in collaboration with government and community to enhance compliance with the responsible online sale and delivery of alcohol.
You may order products by selecting and submitting your order through the Site in accordance with these terms and conditions. Each order results in a separate binding agreement for the supply of the products with the relevant Partner in your order.
Finestro assists you to order from, and contract directly with, one or more Partners. Orders are subject to availability and acceptance by each Partner. When you place an order, your order will be referred to the relevant Partner(s).
The Partner will process each order and delivery to you. If a product is not available, the relevant Partner will contact you and you may either change the order to another product from that Partner, or request a refund.
Payment for an order can be made by any payment method clearly advertised on the Site.
By placing an order, you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Finestro, we will not be liable for any delay or non-delivery of your order.
We take reasonable care to make our Site secure. All credit/debit card transactions on the Site are processed using Stripe’s secure online payment gateway that encrypts your card details in a secure host environment. You can read more about Stripe’s security measures via theirwebsite.
In Australia, it is an offence to supply liquor to a person under the age of 18 years. By placing an order through Finestro, you represent and warrant that you are at least 18 years old and that the person to whom delivery will be made is at least 18 years old and can accept delivery of alcoholic beverages. In accordance with our Delivery Terms below, all deliveries of alcoholic beverages will require the signature of a person at least 18 years old. You acknowledge that the person receiving the delivery may be required to show identification to prove that they are at least 18 years of age.
Orders, once accepted by a Partner, are dispatched by each Partner through its chosen freight provider.
Delivery times will vary depending on the location of the Partner. If you have ordered from more than one Partner, it is likely that your order will arrive in separate parts at different times.
Delivery of online orders may be made either
a. to a person 18 years of age or over at an address, and who can provide appropriate identification if requested, or
b. to an address, and left in a location at the address as specified by you in the order, including any instruction relating to entry to secure buildings, provided that it is not on the same day as the day the order is accepted.
If you do not specify a location at the delivery address, and there is no one 18 years of age or over to accept delivery, the freight provider may leave a note at the address specifying where and times your order may be collected by you. You may be charged an additional fee for redelivery by the freight provider.
Risk and title to the products in the order passes to you on the date and time of delivery to the nominated delivery address.
In the event that you are not satisfied with an order or a product included in your order is damaged or faulty, please contact the Finestro team within 10 days of receiving your order. You can email us at returns@finestro.com.au.
If products are received damaged or faulty, you will be:
We reserve the right to require proof that the products were damaged or faulty.
If you are not satisfied with a product you have purchased, you will be:
Refunds will be debited to the payment method used to make the original purchase, and may take up to three (3) days to be processed.
Please note, if your order takes longer than the advertised number of days to arrive, it is not grounds for a refund.
We do not accept returns if you have changed your mind after purchasing once we have dispatched your order. However, you may cancel your order before we dispatch your order. Your order is deemed cancelled once you receive a confirmation email from us.
We will charge you, and you agree to pay, the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable.
From time to time, we may offer promotional discount campaigns, competitions and special offers for purchases through our website.
The promotional conditions of use and redemption requirements will be specified on our Site. Promotions may be automatically applied to your cart, while others may require a promotion code to be applied during checkout.
Unless otherwise stated, the following terms and conditions apply to all promotional discount campaigns, competitions and special offers:
We reserve the right to change the terms and conditions of, or otherwise modify, suspend or cancel any promotional code, competition or related offer at any time.
We take your privacy very seriously and are committed to the open and transparent management of your personal information in line with our obligations under the privacy laws and to you.
To offer the products and services we provide in our business as an online retailer, we need to collect personal information. How we collect and use your personal information is outlined in our Privacy Policy on our website. You can read it here.
Your use of the Site and its contents grants no rights to you in relation to any current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property and material rights relating to the Content (defined below) including our software and all HTML and other code (Intellectual Property) contained in this Site.
'Content' is defined as any text, graphics, photographs, including all image rights, sounds, music, video or audio on this Site, as well as any text, graphics and photographs depicted on any products listed for sale on this Site.
You may download and view the Finestro Site Content and/or print a copy of material on the Site for your own use only, provided you do not modify the Content in any way, make the Content public or use the Content in a manner or for a purpose prohibited by these Terms.
You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the Content on the website, including audio and video excerpts, except as permitted by statute or with our prior consent.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site.
You may not use this Site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
When using this Site, you must not:
Finestro allows Partners to list and sell their Products through the Finestro platform. You can view information about the Partner on the relevant Product listing page. Finestro helps facilitate transactions between you and the Partner, however, Finestro is neither the buyer or seller of the Partner’s Products. Upon completion of the order of the Product, the contract is formed between you and the Partner. Finestro is not a party to this contract and does not assume any responsibility arising out of or in connection with it.
The Partner is responsible for the sale of their Products and for dealing with any claims or issues arising out of or in connection with the contract between you and the Partner. However, Finestro will assist with enquiries you may have.
This Site is provided by Finestro in good faith but to the maximum extent permitted by law, including the Australian Consumer Law, we do not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the content or any websites to which the Site is linked including warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or as to the accuracy, quality or completeness of the information and materials found on the Site. We reserve the right to restrict, suspend or terminate without notice your access to the Site, or any feature of this Site at any time with notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
The contents of the Site are provided for your information only and do not constitute advice. You warrant that you have not relied on any representation, warranty or condition made by or on behalf of Finestro in making, or refraining from making, any decision in respect of your use of the Site or any purchase you may make as a result of your use of the Site.
Your use of any information or materials on the service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the service meet your specific requirements.
To the maximum extent permitted by law, including the Australian Consumer Law, Finestro hereby disclaims all liability (howsoever arising) in connection with any direct and indirect loss, damage or expense, 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 or as a result of the fact that certain information or products contained on the Site are incorrect, incomplete or not up-to-date.
You release Finestro of all responsibility for any consequences of the use of the website. By continuing to access our website, you agree that your access to, and use of, the website is subject to these terms and all applicable laws and is at your own risk.
The personal opinions of the producers and Partners whose products we sell, or any third parties with whom we are associated, are their own and do not necessarily reflect the views of Finestro and we accept no responsibility for any such views expressed.
We may change these Terms at any time. If we do so, an amended version will be posted on the Site. Your continued use of the Site after any changes are made to the Terms will be deemed to constitute your acceptance of those changes.
If you object to any changes, please discontinue your use of the Site. You are responsible for keeping up to date of any changes by regularly reviewing the Terms.
If a provision of these Terms is not enforceable for any reason, that provision may be severed from the Terms, and the remaining Terms continue to be enforceable.
These Terms and Conditions are governed by and construed in accordance with the State of Victoria, Australia. If a dispute arises from the Terms, you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
If you have any questions about our Terms or any queries or concerns about this Site, please email us at hello@finestro.com.au.
Questions or concerns?
