Two quiet but important moments sit behind every purchase: the moment a wine becomes yours (title), and the moment its risk passes to you. They are not always the same moment — and understanding the difference is worth a few minutes.
When title passes
Title — ownership — passes to you once payment for the wine has been made in full. Until then, the wine is not yet yours, however it may be held.
When risk passes
Risk is different. It is the point from which any loss or damage to the wine becomes your responsibility rather than ours. For auction purchases, risk passes to you at the earliest of the following:
- Collection — when you (or your nominated representative) collect the wine; or
- Dispatch — when the wine is dispatched to your nominated address (unless you have purchased the Delivery Guarantee, which provides cover in transit — see The LANGTONS Delivery Guarantee); or
- Storage commencing — once the 21st of the month has passed and storage has begun, if the wine has not left our care and is not covered by an automatic delivery preference.
What this means in practice
- Once risk has passed to you — including while wines are stored with us — we recommend you hold appropriate insurance. Wines stored with LANGTONS are held at your risk. See Storing your wines with LANGTONS.
- The Delivery Guarantee is the simplest way to protect against loss or damage in transit. Without it, risk passes on dispatch.
- Nothing here limits your rights under the Australian Consumer Law, or LANGTONS' responsibility for loss or damage caused by our own negligence or wilful misconduct.
Worth knowing
The short version: you own your wine once you have paid for it; you carry the risk from the moment it is collected, dispatched, or moves into storage — whichever comes first.