Website Terms and Condition of Use

About the Website

Welcome to (the 'Website'). The Website provides you with an opportunity to browse and purchase products and services that have been offered for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

The Website is operated by Unicorn Wine Co Pty Ltd (ACN 628 353 122) trading as Unicorn Wines (we, our or us). Access to and use of the Website, or any of its associated Products or Services, is provided by Unicorn Wines. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

We reserve the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

  • You accept the terms by remaining and/or using the Website

  • You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by us in the user interface.

  • By using the Website you confirm to us that you are at least 18 years of age and you can enter into a legally binding agreement with Unicorn Wines Co Pty Ltd

Responsible service of alcohol

  • Under Australian laws, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over.

  • Unicorn Wines does not sell alcoholic beverages to people under the age of 18. By using this Website and placing an order you affirm that you are at least the age of 18 and that any alcohol you purchase from this Website is intended for personal consumption and not for resale.

  • You understand that we may contact you to verify your age. If we are not satisfied as to your ability to truthfully provide the above warranty, we reserve the right to cancel your order.

Registration Rules

  • In order to purchase products from our website, you will be required to provide personal information about yourself (such as identification or contact details), including:

    • Email address

    • Billing address

    • Mailing address

    • Payment details

  • You warrant that any information you give to Unicorn Wines in the course of completing the order will always be accurate, correct and up to date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

Purchase Orders

  • You may purchase products from us that have been offered for sale on the Website. You agree to pay for the products ordered for the price notified (including the delivery and other charges and taxes) at the time you place your order.

  • Each purchase order that we accept results in a separate legal binding agreement between you and us for the supply of products in accordance with the Terms.

  • You understand it is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Website.

  • When you order and pay on the Website and your payment has been validated, we will provide you with order details, which may include the order number, the delivery and billing addresses and a description of your order.

  • We only ship in cases containing 6 or 12 bottles. We cannot accept any orders for less than 6 bottles.

  • You understand that we may, at our absolute discretion,

    • accept or reject an order placed on this Website

    • reject a registration of a potential customer via this Website

    • to suspend or terminate the ability of any Customer to order through the Website

  • We will endeavour to notify you of a rejection at the time of the order or registration or within a reasonable time thereafter.

Product Availability

  • All purchases made through the Website are subject to availability. We will make every effort to fulfil orders placed via the Website and to maintain the Website up to date with the availability of products.

  • We may delay the dispatch of orders due to stock availability. If the event when we are unable to supply any Products to you, we may substitute for similar Products of equal value.

  • We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, if for any reason we cannot supply the products you order (for example for an event beyond our control) or if products ordered were subject to an error on the Website (in relation to a price or description).

  • We will do all things reasonable to ensure the quality of our Products. If we agree that Products were delivered to you in a spoiled condition, we shall, at your request, credit the value of the relevant product to your credit card. However, we require the bottle to be returned to Unicorn Wines.


  • Your satisfaction is important to us. Our Returns Policy includes the rights you have under the Australian Consumer Law (see below) and provides you with extra benefits in addition to those rights.

  • Your rights under the Australian Consumer Law. ‘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 replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.’

  • If the wine is affected (corked) or oxidised we are happy to replace or credit the amount of the purchase. However, we require the bottle to be returned to Unicorn Wines. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return if Unicorn Wine is at fault. That is, if the wrong product is delivered, there is a fault with the product or Unicorn Wines has breached a consumer guarantee. In all other circumstances, the delivery charge will be deducted from the refund to the customer.

  • In the event that your product must be returned to us, please allow 3-4 business days for your refund to be processed after the product has been received at our fulfilment premises.

  • You agree that you cannot change or cancel an order after it has been placed.


We may occasionally issue discount codes for certain products on the Website. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Website. The conditions of use relating to promotional discount codes will be specified on the Website at the time they are offered.

Price and Payments

  • You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Website (the Price) in accordance with this clause.

  • In the event of a purchase order, you must pay the Price via credit card or any other payment methods set out on the Website

  • All payments for your purchase order will be invoiced and deducted from your nominated credit card immediately.

  • All prices are quoted in Australian dollars and are inclusive of GST. We display delivery costs separately from the purchase price when applicable.

  • To the extent permitted by law, the Prices are non-refundable and non-cancellable once paid.

  • If any payment in relation to a Purchase has not been made as set out on the Website or in the Terms, we may (at our absolute discretion) immediately cease supplying the products.

  • Unicorn Wines reserves the right to refuse to accept any payment from any particular Customer for any reason whatsoever.

  • If you are invoiced or charged incorrectly, Unicorn Wines will make the necessary adjustments to your invoice / charge to reflect the correct sum. Unicorn Wines reserves the right to either credit / debit your credit balance via your online account.

Delivery of Products

  • All deliveries will be made to the delivery address to the delivery address you provide when making the order and in accordance with the Delivery Timeframes.

  • Delivery costs are listed on the website.

  • We usually dispatch products within 24 - 48 hours of receiving an order, unless otherwise noted on the website

  • We are entitled to commission a third party to make deliveries. We won’t be liable for any direct or indirect damage or loss (including negligence) suffered by you or any third party in making your delivery.

  • Any delivery timings displayed on the website are estimates only, per the information provided by the delivery company.

  • Where a Delivery Timeframe falls on a public holiday, we will organise delivery on the next working day.

  • Title to the product remains with us until we receive the full price of the product from you in cleared funds.

  • We deliver Australia wide and if we cannot deliver to you, we will notify you as soon as possible. We do not ship internationally.

  • You must notify us immediately in writing of any change to the delivery address.

  • If you change your delivery address after your Billing Day, we will deliver to the original address and the new delivery address will become effective for your next Billing Day.

  • We reserve the title to the products until you have paid us the Price.

  • In order to receive your delivery, you must ensure that a person over the age of 18 years, and not under the influence of alcohol, is available at the Delivery Point to accept your delivery. Unicorn Wine Co reserves its rights to require its couriers to request the person accepting the delivery of suitable evidence of their age for verification purposes.

  • If suitable evidence of age is withheld or no person is present to accept delivery, Unicorn Wines’ courier may refuse the release and delivery of an order. Such an event would be considered a failed delivery and would be subject to the provisions of failed deliveries under these terms and conditions.

  • If Unicorn Wines or the courier have reasonable grounds to suspect that the delivery and supply of Products would have the effect of supplying alcohol to persons under of 18 years of age, Unicorn Wines reserves the right to refuse to release the order and the provisions of failed deliveries will apply.

  • Risk of damage, loss or deterioration to the product passes to you on delivery.

  • If your order is undeliverable we will contact you to arrange for re-delivery. We may charge you a fee for any re-deliveries.

Copyright and Intellectual Property

  • The Website, and all of the related products of Unicorn Wines are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Unicorn Wines or its contributors.

  • Unicorn Wines retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

    • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Unicorn Wine Co Pty Ltd; or

    • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

    • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

  • You may not, without the prior written permission of Unicorn Winesand the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.


Unicorn Wines takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Unicorn Wine Co Pty Ltd's Privacy Policy, which is available on the Website.

General Disclaimer

  • You acknowledge that Unicorn Wines does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

  • Unicorn Wines will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

  • Subject to this clause, and to the extent permitted by law:

    • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

    • Unicorn Wines will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  • Use of the Website, the Purchase Services, and any of the products of Unicorn Wines (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Unicorn Wine Co Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Unicorn Wines (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Unicorn Wine Co Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

    • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

    • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

    • costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

    • the Content or operation in respect to links which are provided for the User's convenience;

    • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

    • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

  • Unicorn Wine Co Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Unicorn Wines is the resupply of information or Purchase Services to you.

  • You expressly understand and agree that Unicorn Wine Co Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

  • Unicorn Wines is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Unicorn Wine Co Pty Ltd, by third parties or by any of the Purchase Services offered by Unicorn Wine Co Pty Ltd.

  • You acknowledge that Unicorn Wines does not provide the Delivery Services to you and you agree that Unicorn Wines will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.


In the event when you provide us with photographs of our products via email, on your account page or by tagging us on social media networks, you agree to us publishing such photographs and details (including your name, location and date) for our marketing purposes including on the Website and social media.


  • You agree to indemnify Unicorn Wine Co Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or any breach of the Terms.

Dispute Resolution

  • Compulsory:

    If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  • Notice:

    A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  • Resolution:

    On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

    • Within 14 days days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

    • If for any reason whatsoever, 10 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;

    • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

    • The mediation will be held in Sydney, Australia.

  • Confidential

    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

  • Termination of Mediation:

    If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Purchase Services offered by Unicorn Wines is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. The Website may be accessed globally. We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside of Australia. Accessing the Website from outside Australia, is at your own risk and you are in charge of obeying the laws in the place you access the Website.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.


If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

For any enquiries, please contact us at
Unicorn Wine Co Pty Ltd CAN 628 353 122 trading as Unicorn Wines

Date: 29 March 2020