Pernod Ricard Winemakers Pty Ltd Terms & Conditions of Sale
Henry & Paul is a website dedicated to offering wine, spirits and champagne products to staff, family and friends of Pernod Ricard Winemakers Pty Ltd (Pernod Ricard) at discounted prices. The recommended retail prices (RRPs) against which saving comparisons are made on this site are those which Pernod Ricard sets and provides to its network of retailers and distributors in Australia. Please note that these are the recommended prices only and the products may be available through Pernod Ricard’s retailers and distributors at lower prices. Pernod Ricard may not have offered the relevant product for sale at the RRP through this website
1.1. In these terms, the following definitions apply:
“Customer” means the person, to whom Henry & Paul products are supplied;
“Australian Consumer Law” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth));
“Henry & Paul”, “we” or “us” means Pernod Ricard Winemakers Pty Ltd ABN 75 007 870 046 trading as Henry & Paul;
“Member” means a member of Henry & Paul;
“Membership” means membership of Henry & Paul;
“Order” means an order for Product/s placed by a Customer:
“Product” means the product/s, available for purchase via the Website;
“Terms” means these Terms and Conditions of Sale;
“Website” means www. henryandpaul.com.au.
1.2. These Terms may be varied by Henry & Paul from time to time at Henry & Paul’s sole and absolute discretion.
1.3 Purchases made via the Website are made under South Australian Liquor Licence No 57703968.
2.1. The prices charged by Henry & Paul for Products, are as set out in Henry & Paul’s applicable price list, and these prices may be altered at any time without notice.
2.2. Product prices quoted include GST, all other taxes and duties but exclude freight and are in Australian dollars.
3.1. When placing an Order with Henry & Paul, you confirm that all the details that you have provided in completing the Order and offer to purchase the Products pursuant to the Order 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 Henry & Paul.
3.3. Supply of Products is subject to availability and to any Order minimums and limits imposed in respect of a Product by Henry & Paul. Henry & Paul may, in its sole discretion, waive the application of an Order minimum or limit in respect of an Order.
3.4. The Customer cannot cancel an Order nor delay delivery of Products pursuant to an Order once an Order has been accepted, unless Henry & Paul provides its consent.
3.5 Where an Order for a wine vintage is not available, another vintage may be substituted.
3.6 All specials, promotions, clearances, offers and discounted items are subject to their specific terms and conditions (including the terms set out at clause 16) and are whilst stocks last unless otherwise indicated.
4.1.Orders will be delivered to the address (Delivery Location) provided at time of check-out. The Delivery Location cannot be a Henry & Paul worksite address including but not limited to the Dulwich, Barangaroo or Rowland Flat Henry & Paul sites. Products cannot be delivered to any worksites of Henry & Paul unless approved by Henry & Paul in its sole discretion in accordance with clause 4.8 of these Terms. In the event an Order for Products is sent to a Henry & Paul site it will not be accepted for delivery and all additional costs involved with returning and/or re-shipping will be borne by the Customer (for the avoidance of doubt, if the order was originally sent free of shipping, a shipping fee will be applied for the return and re-shipping).
4.2 The freight cost for an Order will be displayed at check-out.
4.3. Risk of loss of or damage to the Products in an Order passes to the Customer upon delivery of those Products to the Customer.
4.4. Henry & Paul may consign or ship an Order to the Customer in instalments at varying times.
4.5. Henry & Paul is not responsible for and does not accept liability for delay or non-delivery of products. In the case of late delivery, the Customer must accept Products delivered pursuant to that Order.
4.6 If the Customer is not at the Delivery Location at the time of delivery of an Order, the Products delivered pursuant to the Order may be left with a person at the Delivery Location who is 18 years or older who may be required to show proof of age. In the event that nobody is at the Delivery Location who meets the criteria under these Terms, a waiting card will be left at the Delivery Location. This waiting card will advise the next steps required to obtain delivery of the Products pursuant to the Order. Products will not be delivered to a person under the age of 18 years (proof of age may be required in the sole discretion of the delivery person or Henry & Paul). Henry & Paul cannot agree to leaving unattended deliveries in any circumstances.
4.7 Orders are dispatched Monday – Friday. If we are in stock of a Product when an Order is received, we will aim to dispatch that Order the next business day. We do not accept requests to delay dispatch of Orders.
4.8 Each Order may only request that the Products pursuant to that Order be sent to a single Delivery Location. If you need to send Products to more than one Delivery Location, you will need place a separate Order for each Delivery Location. Once an Order has been completed, the Delivery Locations cannot be changed. Please contact Customer Service with any queries or changes and they will try their best to accommodate you. Products may not be delivered to any worksites of Henry & Paul unless approved by Henry & Paul in its sole discretion.
5.1 Payment is required when an Order is placed.
5.2 Henry & Paul accepts the following forms of payment online: - Visa and MasterCard.
5.3 Customers’ payment card information transmitted via the Website is encrypted. .
5.4 Henry & Paul will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by anyone whose payment card information is fraudulently used or is used in an unauthorised manner in connection with payment, collection, use, disclosure or transmission of that payment card information via the Website or otherwise in regard to a transaction made via the Website.
6.1. The Customer’s rights and Henry & Paul’s obligations under the Australian Consumer Law are not affected by these terms and conditions. Under the Australian Consumer Law, our Products come with guarantees (“Consumer Guarantees”) that cannot be excluded. Customers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Customers are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
6.2. In the event that any Products provided to fulfil your Order are faulty, damaged, wrongly described or breach a Consumer Guarantee we will refund your money or exchange the Product upon presentation of your proof of purchase. If your Order incurred a delivery fee, then we will cover the cost of delivery for the return only where Henry & Paul is at fault, that is in the following circumstances:
• if the wrong Product is delivered;
• the Product is faulty (including any damage caused in transit); or
• Henry & Paul has breached a consumer guarantee.
In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the Customer.
6.3. Unfortunately, you cannot amend an Order after it has been placed nor can you amend/exchange/claim a refund on a Product that is damaged by you. If you have any queries about pricing or promotions, please contact the Customer Service team prior to placing your order as refunds or pricing changes will not be implemented retrospectively once an order has been placed. If you change your mind after placing your order, please contact our Customer Service Team during business hours, exchanges may be made at Henry & Paul’s discretion. For exchange of a delivered Product, additional delivery charges will be incurred at your expense. All Products returned due to a change of mind by the Customer must be in their original condition and packaging.
6.4. Return of Staff Only Products: All staff only products go through a rigorous quality control process and are approved for sale by our winemakers. Despite this, there is a small risk that some products are imperfect. Therefore ALL staff only products are deemed to be “seconds”. This is reflected in the price. We are unable to provide a refund on any of our staff only products for any reason unless damaged in transit. Please do not purchase the staff only products if you are not prepared to accept the risk of an occasional imperfect product.
- Website Content
7.1. Henry & Paul may make changes to the contents at this Website, or to the Products and services described in them, at any time without notice. The Website contents may be out of date, and Henry & Paul makes no commitment to update the contents. Henry & Paul does not warrant the accuracy and completeness of the contents of the Website.
7.2. Information published at this Website refers to Products and services in Australia.
8.1. Subject to any relevant statutory provisions, including the Australian Consumer Law, these Terms contain the entire agreement between Henry & Paul and the Customer on the subject matter and all representations, warranties and agreements (whether express or implied and whether statutory or otherwise) are expressly excluded and Henry & Paul’s liability is limited to the lesser of:
- the cost of replacing the Products provided to fulfil an Order; or
- the cost of obtaining equivalent Products.
8.2. Contents of the Website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
8.3. To the extent permitted by law, Henry & Paul disclaims all liability (however arising) 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 Website and/or any other website to which the Website is linked, or any action taken (or refrained from being taken) as a result of using any of these.
8.4. Henry & Paul will not be liable in any circumstances to the Customer for consequential damages.
- Third Party Sites
This Website may contain links to third party sites. The links do not indicate any endorsement of Henry & Paul of the linked website or the products or services provided at that website. The Customer accesses linked websites and use the products and services made available at linked websites solely at their own risk.
- 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.
- On-Supply of Products
11.1. The Customer must not sell or solicit sales of Products.
11.2. The Customer must indemnify Henry & Paul against all claims, actions, liabilities, charges, expenses, losses damages and costs (whether incurred by or awarded against Henry & Paul) arising out of or in connection with a breach of clause 11.1 by the Customer.
- Henry & Paul Membership
12.1. By completing a member application form and becoming a Member, the Customer acknowledges that they are aware of these Terms and that all transactions conducted with Henry & Paul will be subject to these Terms only. The Customer may only access the Website pages that are restricted to Members only (“Members Only Section”) and purchase from Henry & Paul if the Customer is a Member in accordance with these Terms and has completed the application form.
- A Customer must be eighteen years of age or over and be able to form a legally binding contract under applicable law to become a Member and place an Order; and
- A Member must be:
- an employee of Henry & Paul;
- or nominated for membership by an employee of Henry & Paul;
- or be invited by Henry & Paul in Henry & Paul’s sole discretion.
If at any time you are no longer an employee of Henry & Paul; or the person who nominated you no longer is an employee of Henry & Paul or Henry & Paul decides to terminate your membership in its sole discretion, your membership will be revoked; and
- A Member must not be an employee; officer of; or a direct relative of an employee or officer of, a competitor of Henry & Paul (producer or distributor of wine, champagne and/or spirits) or a liquor retailer (online or otherwise). It at any time any of the circumstances of this paragraph (c) apply to the Customer they must immediately notify Henry & Paul.
- Henry & Paul reserve the right to reject any individual’s application for Membership and also reserves the right to terminate any Membership at any time and in doing so will not be required to provide any reasons.
- In Henry & Paul’s sole discretion membership may be granted outside of the eligibility requirements above.
12.3 Membership is free and there are no further commitments or obligations, however, of course we encourage Customer to make purchases of our Products and engage in other opportunities that may be made available from time to time.
12.4 Henry & Paul grants Members a single, non-exclusive, limited personal licence to access and use the Members Only Section of its Website conditioned on a Members’ continued compliance with the Terms. Members may not transfer or share their right to access or use of the Members Only Section.
12.5 The Members Only Section of our Website is an exclusive community. In order to protect the exclusivity of our community, Members cannot invite others to become Members except in accordance with clause 12.2(b). Further Members are restricted from publicly advertising access to the Members Only Sectionby any form of media unless expressly authorised in writing by Henry & Paul.
12.7. The Customer is responsible for maintaining the confidentiality of their password and or access code (“Password”) to access the Members Only Section and they will be liable for any breach of security arising from unauthorised access to the Members Only Section caused by or connected with the Customer’s failure to maintain the confidentiality of their Password or their email address. The Customer is further responsible for all fees and charges incurred on the Customer’s Member account arising from access to the account due to such failure.
12.8 Customers are considered to have the authority of the person who owns or controls access to the email address provided by such Customer to Henry & Paul.
- Responsible Service of Alcohol
Henry & Paul supports the responsible service and consumption of alcohol and recommends that alcohol be enjoyed in moderation. 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 Customer therefore warrants that the Customer is 18 years or over of age; and that any person the Customer is are obtaining the Products for is also 18 years or over.
- Applicable Law
14.1 These Terms are governed by and construed in accordance with the laws of the state of South Australia and are subject to the non-exclusive jurisdiction of the courts of South Australia.
14.2 Nothing in these Terms is intended to contravene any applicable law. To the extent that any provision in these Terms is invalid or unenforceable, it is to be read down to the extend that it is valid and enforceable and otherwise must be severed to extend of any invalidity or unenforceability, without affecting the remaining provisions of these Terms.
15.1 Staff products are excluded from all sales and promotions unless stipulated otherwise.
15.2 For promotions that require a coupon, the coupon code must be entered during checkout and be approved. If your coupon code is not approved please contact email@example.com. No coupons can be applied after an Order is place, nor can they redeemed after a promotion ends.
15.3 Unless otherwise indicated, all promotion times end at midnight AEDT
15.3 *Products which are marked down are displayed on the Website with a sale icon. The displayed Product price reflects the new markdown price.
An imperfect pick is a damaged product that has minor cosmetic damage to its exterior packaging, such as label scratches and lid damage. This stock is discounted accordingly. The quality of the liquid inside each bottle or can is unaffected. These are limited stock items and are not always available. Refunds will not be offered for damaged stock unless the liquid is found to be faulty.
- Ongoing Promotions
10% off Welcome Voucher
16.1 Henry & Paul may issue a Customer with voucher upon registration as a Member (“Welcome Voucher”). The Welcome Voucher may only be redeemed on Orders made via the Website.
16.2 A Welcome Voucher may be redeemed on an Order for Products excluding sale, final clearance & staff products.
16.3 A Welcome Voucher:
- cannot be redeemed against a prior Order:
- must be applied and approved during checkout;
- can only be redeemed once per Customer
- is not to be used in conjunction with any other offer; and
- is not redeemable for cash.
10% off Birthday Voucher
- 4 Henry & Paul may issue a Customer with a voucher for the Customer’s birthday (“Birthday Voucher”) on the birthday date that the Customer has provided on registration as a Member. A Birthday Voucher may only be redeemed on Orders made via the Website
16.5 A Birthday Voucher may be redeemed on an Order for Products, excluding sale, final clearance & staff products.
16.6 A Birthday Voucher:
- cannot be redeemed against a prior Order,:
- must be applied and approved during checkout:
- can only be redeemed once per Customer;
- is not to be used in conjunction with any other offer;
- is not redeemable for cash; and
- is only valid for one month from the date the email issuing the Birthday Voucher is sent by Henry & Paul, after which time it will expire and cannot be used.
Free shipping for orders over $300
16.7 Free shipping is applied to Orders at the online checkout when the subtotal is $300 or more after all vouchers and discounts have been applied. You must select the $0.00 option for the free shipping discount to apply. Henry & Paul only ships throughout Australia. If you believe you have been incorrectly charged for shipping please contact firstname.lastname@example.org quoting your Order number for review.