1. Terms
1.1 As a condition of using the LANGTONS Website (https://www.langtons.com.au) and LANGTONS' supplementary sites: including its Private Sales site (https://www.langtonsprivatesales.com.au), Sales site (https://www.langtonssales.com.au), Events site (http://www.langtonsevents.com.au), Access Site (https://www.langtonsaccess.com.au), and Private Auctions site (https://www.langtonsprivateauctions.com.au) (“Websites”), you agree to be bound by the following terms and conditions of use (“Terms”). This agreement is between you and Endeavour Group Limited trading as LANGTONS (“LANGTONS”).
1.2 These Terms govern all dealings with LANGTONS, including your sales, orders and purchases through the Websites, our LANGTONS' Client Services, online and live auctions and storage services and are binding on all Sellers, Buyers, Members and users of the Websites.
1.3 It is your responsibility to carefully read these Terms before dealing with LANGTONS as a Seller, Buyer, Member or user to ensure you understand the basis on which you are dealing with LANGTONS. If you have any queries you should contact LANGTONS on 1300 946 347 or via email at service@langtons.com.au.
2. Definitions
Auction means the sale of Goods by LANGTONS online via the Websites and/or live auction.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth)
Automatic Delivery Preference means the option for Members to automatically ship and/or automatically consolidate Auction purchases, available in the Member account preferences under 'Auctions & Deliveries' (https://www.langtons.com.au/account/preference)
Buyer means a party buying Goods from LANGTONS.
Buyer Default means an event where the Buyer fails to pay for the Goods within 30 calendar days of the close of Auction or the date of purchase from the Wine Store, Client Services or otherwise and as further set out at clause 19.
Buyer's Premium means the amount paid by the Buyer to LANGTONS on the purchase of the Goods at Auction, being a set percentage of 18% (inclusive of GST) of the Hammer Price or such other percentage as indicated on our Websites from time to time.
Catalogue means a catalogue prepared by LANGTONS detailing Goods to be sold at Auction.
Closing Time means the specified Australian Eastern Time (AET) at which an Auction closes.
Commission means the amount paid by the Seller to LANGTONS on the sale of Goods through Auction, which is calculated as 15% (inclusive of GST) and of the Hammer Price at a minimum $6 per unit or such other percentage as specified on our Websites from time to time.
Goods means goods sold by LANGTONS including but not limited to wine and spirits offered for sale through LANGTONS.
GST means the Goods and Services Tax as defined in clause 14.
Hammer Price means the price successfully bid for and to be paid by the Buyer for a Lot sold at Auction.
House Reserve means a system-generated price calculated at approximately 80-90% of the Low Estimate, used as a means of preventing Lots selling below a certain price.
Lot means any Goods deposited with LANGTONS with a view to its sale at Auction. A Lot may consist of one or more units of Goods.
Low Estimate means a price determined by LANGTONS to be the lowest estimated value of the Goods based on existing sales data and current market availability.
Member means a person who is a member of LANGTONS in accordance with clause 4.
Reserve means the minimum price acceptable to the Seller for Goods being sold by Auction.
Seller means a Member selling Goods through the Websites, including by Auction and in the Wine Store.
Seller Default has the meaning set out at clause 11.
Services means any services offered by LANGTONS to Sellers and Buyers including, but not limited to, the valuation and auctioning of Goods via Auction and/or the Wine Store, the sale of Goods via Client Services (previously known as brokerage services), and the hosting of events.
Store Price means the price per unit at which wine or spirits are for sale in the Wine Store.
Total Purchase Price means the Hammer Price (plus the Buyer's Premium).
Unreserved means Goods listed with a Reserve of $2, bidding starts at $2 and a bid of $2 or more will sell.
Wine Store means the section of the Websites named the Wine Store.
3. LANGTONS' Businesses
3.1. LANGTONS operates the Websites, including the Auctions and the Wine Store pages and provides the Services.
3.2. Goods sold by Auction are sold by LANGTONS as agent for, and on behalf of, Sellers.
3.3. Goods sold in the Wine Store or via Client Services may either be sold by LANGTONS on its own behalf or on behalf of, and as agent for, Sellers. LANGTONS may, in its discretion (acting reasonably), refuse a person listing any Goods in its Auctions or
3.4. Wine Store, or participating in any sale through LANGTONS or the Websites.
4. Joining as a Member
4.1. A person 18 years and over may apply to become a Member. When joining as a Member, we will ask you to verify that you are over the age of 18.
4.2. You agree that joining as a Member is a condition of using LANGTONS' Services.
4.3. Members must provide accurate up-to-date personal details to LANGTONS, including accurate and up-to-date credit card details and delivery address details. You confirm that:
4.3.1. all the details that you have provided in joining as a Member are true and correct; and
4.3.2. you will update your information as required throughout the term of your membership.
4.4. Members are provided with a member identification as well as a password which is needed to access their account. Members must keep this confidential for security purposes and must notify LANGTONS as soon as possible of any unauthorised use or disclosure of their member identification and password.
4.5. Member rights are personal and cannot be transferred to or used by another party. LANGTONS may terminate a person's membership at any time, at its reasonable discretion, by providing written notice to the person.
4.6. If LANGTONS, acting reasonably, considers that a Member has materially breached these Terms, LANGTONS may, without further notice to the Member and acting reasonably, immediately suspend the Member's membership rights including the right to bid at Auctions or buy from LANGTONS. LANGTONS will notify the Member as soon as practicable after the suspension as to the reason for the suspension. For completeness, a material breach would involve, but is not limited to, fraudulent activity.
4.7. If your membership rights have been suspended under clause 4.6, you will be able to seek a review of the suspension by contacting us at at 1300 946 347 or via email at service@langtons.com.au.
5. Members events
5.1. LANGTONS reserves the right to add, withdraw, reschedule or substitute event vendors and/or vary advertised programs, prices, venues and audience capacity.
5.2. By attending a LANGTONS' event, Members acknowledge that a photographer or videographer may be present and that the Member or his/her guests (if any) may be photographed or filmed. Photos or video taken at the event are the sole property of LANGTONS and its related bodies corporate and have the right to use any such content on the Websites, social media platforms and other marketing or promotional materials for LANGTONS. Members acknowledge that they will not be entitled to any monetary or other compensation for such use.
5.3. If any Member and/or their guest is unable to attend a LANGTONS’ event for any reason, they must notify LANGTONS in writing via our contact form (http://help.langtons.com.au/hc/en-us/requests/new) or by contacting your Private Client Manager directly, at least 30 days prior to the event. By providing at least 30 days’ written notice, Members will be entitled to a full refund of the ticket sale price paid.
5.4. If any Member and/or guest cancels their attendance for any reason within 14 to 30 days prior to the event, the Member will be entitled to a refund of 50% the ticket sale price paid. Notice of cancellation must be made in writing via our contact form (http://help.langtons.com.au/hc/en-us/requests/new) or by notifying your Private Client Manager
5.5 If any Member and/or guest cancels their attendance for any reason on less than 14 days notice to LANGTONS, no refunds will be made.
5.6. Should LANGTONS be required to reschedule an event, Members and their guests will be rebooked for the rescheduled event date. If Members notify LANGTONS before the specified deadline that they are unable to attend the rescheduled event, Members will be fully refunded the sale price of the ticket purchased. A Member’s failure to notify LANGTONS by any reasonable specified deadline that they (or their guests) are unable to attend the rescheduled event will be deemed to be a reconfirmation of their order for tickets for the rescheduled event, and Members will not be able to claim a refund as a result of the reschedule (unless required by applicable law). For the avoidance of doubt, no refunds will be available until the new date is announced (which will be done within a reasonable time) to allow LANGTONS time to make arrangements for the rescheduled event.
5.7. Should LANGTONS be required to cancel the event, Members will be fully refunded the sale price of the ticket purchased.
5.8. Unless required by Australian Consumer Law, booking fees and delivery fees will not be refundable for events.
5.9. Refunds will only be processed to the Member’s credit card or bank account from which the payment was originally received.
5.10. To the extent permitted by law (including, without limitation, the Australian Consumer Law), LANGTONS will not be responsible or liable for any loss or expense suffered by Members or their guests (as applicable) as a result of attending an event or as a result of the cancellation or rescheduling of an event.
5.11. Members and their guests (as applicable) acknowledge that regardless of a wine's storage history, a wine can present faults that are unrelated to LANGTONS' actions. As such, risk that a wine may present faulty characteristics (for example, cork taint), is accepted and assumed by the Member and their guests and no refunds will be made in such circumstances. Another bottle of wine may be made available by LANGTONS, the value of which is at the reasonable discretion of LANGTONS. Only a LANGTONS representative can determine if a wine is presenting faulty characteristics.
5.12. In addition to these general event terms, LANGTONS’ events may be subject to their own specific terms and conditions, which will be notified to you prior to any ticket purchase.
Selling Your Wine
6. Selling via Auction
6.1. LANGTONS sells Goods on behalf of, and as agent for, Sellers and receives payment for the Services as specified in clauses 6.7 and 8.5.
6.2. Where requested by a Seller via LANGTONS' Valuations & Appraisals (https://www.langtons.com.au/cellar-valuation-appraisal-form.html) or otherwise, LANGTONS may provide a preliminary estimate of the value of Goods on the basis of information provided by the Seller, however LANGTONS does not guarantee the accuracy of any such estimate and is not responsible for any failure to achieve a price equal or similar to the estimate. LANGTONS retains the right to refuse to deal with Goods that it considers inappropriate to sell in its reasonable discretion.
6.3. If LANGTONS agrees to accept Goods for sale, they must be delivered by the Seller to LANGTONS as directed by LANGTONS before the relevant Auction or sale in the Wine Store. LANGTONS will assess the physical Goods and will list them under the Seller’s member account within a reasonable time,detailing any faults (if any) detected by LANGTONS. The Seller may review the description of the Goods and contact auctions@langtons.com.au if they have any queries. This information will be included in the description of the Goods in the Catalogue for Goods to be sold by Auction.
6.4. Upon LANGTONS' receipt and initial inspection of the Goods, in the event such Goods are deemed unsuitable for Auction, the Goods will be listed as No Commercial Value (NCV), and LANGTONS will contact the Seller to arrange return of the Goods to the Seller (with Seller to be charged for Shipping and the Minimum Handling Fee) or disposal of the Goods. If LANGTONS does not receive the Seller's instructions on how to handle the Goods of NCV, LANGTONS will dispose of the Goods after 28 days and the Seller will be charged the Minimum Handling Fee.
6.5. LANGTONS' agreement to accept the Goods for sale is an offer by LANGTONS to sell those Goods (subject to clause 10.4). Placing Goods with LANGTONS is the Seller’s acceptance of the offer. Goods may be withdrawn from sale by the Seller at least two (2) days before an Auction date. If the Seller withdraws the Goods to have them returned to the Seller, the Seller will be charged shipping and the Minimum Handling Fee.
6.6. Goods may be withdrawn at LANGTONS' reasonable discretion prior to the Goods going to Auction or going up for sale via the Wine Store. Such withdrawal is at no cost to the Seller.
6.7. The Seller may place a Reserve on Goods that is below or equal to the value of the Low Estimate. The Seller can request that LANGTONS set a Reserve on Goods at a value that is higher than the Low Estimate, which LANGTONS may or may not, acting reasonably, approve and place on the Goods. If the value of the Goods cannot be agreed to between the parties, the Seller agrees to have the Goods returned to them and be charged Shipping and the Minimum Handling Fee. The Seller can then adjust the Reserve down to or below the Low Estimate in the Seller's account. If the Lot is valued at a Low Estimate of $20 or less, the House Reserve will apply and Sellers are not permitted to set a Reserve.
6.8. Once an Auction has gone live, Sellers cannot adjust the value of the Reserve.
6.9. If the Lot’s Reserve is not met at Auction, the Lot will be passed in and put up for another Auction. If the Lot’s Reserve value is not met by its seventh Auction, the Seller agrees to reduce the Lot to the House Reserve or if the Reserve was at the House Reserve, the Seller agrees to reduce the Reserve by 10%. Alternatively, the Seller can request the Lot to be returned to them, which will requrie the Seller to pay for Shipping and the Minimum Handling Fee.
6.10. If the Lot's Reserve is not met by its ninth Auction, the Seller agrees to reduce the Reserve to $2, and for the Lot to be included in an Unreserved Auction. Alternatively, the Seller can request for the Goods to be returned.
6.11. If the Lot fails to sell in Unreserved Auction three (3) times (i.e. after the twelfth auction in total), the Lot will be determined to be of No Commercial Value and LANGTONS will contact the Seller to arrange return of the Goods to the Seller (with Seller to be charged shipping and the Minimum Handling Fee) or disposal of the Goods. If LANGTONS does not receive the Seller's instructions on how to handle the Goods of NCV, LANGTONS will dispose of the Goods after 28 days and the Seller will be charged the Minimum Handling Fee.
6.12. Upon successful sale of Goods via Auction, the Seller will be remitted into their nominated bank account the Hammer Price of the Lot Sold less LANGTONS Commission within seven (7) business days from the close of Auction, subject to LANGTONS receiving payment in cleared funds from the Buyer.
7. Catalogue
7.1. LANGTONS prepares an electronic Catalogue for each Auction detailing the Lots offered at the relevant Auction.
7.2. Next to each Lot in the Catalogue will be a price indication ranging from the Low Estimate to an approximate higher estimated price. The price range estimates are determined by LANGTONS based on recent sales of the specific wine. Should a wine being sold not have a recent sale history the price estimates will represent LANGTONS' best estimate of probable realisable value. LANGTONS does not guarantee the accuracy of any estimate.
7.3. Statements of opinion in Catalogues, advertisements or brochures prepared by LANGTONS (including, but not limited to, reviews of Goods) are not to be relied upon as statements of fact. Buyers must make their own assessment of any Lot, including the value of a Lot, before bidding for it.
7.4. If a Seller does not accept LANGTONS' description of the Goods to be included in a Catalogue the Seller must withdraw the Goods from sale prior to finalisation of the relevant Catalogue. Unless otherwise agreed between LANGTONS and the Seller, LANGTONS will provide the Seller with a reasonable opportunity (at least 1 week before the Goods are listed for Auction) to consider the description of the Goods prior to finalisation of the relevant Catalogue. If the Seller fails to request withdrawal of the Goods by the requisite time, they shall be deemed to have accepted LANGTONS' description and shall have no further right or claim against LANGTONS in relation to that description.
8. Selling via Wine Store
8.1. All Goods placed with LANGTONS for sale by Auction will also be considered for placement in the Wine Store unless otherwise specified by the Seller at the time the Goods are placed with LANGTONS.
8.2. Subject to a Seller electing not to place Goods in the Wine Store in accordance with clause 8.1, LANGTONS shall have discretion to determine whether Goods being sold by Auction will also be placed in the Wine Store.
8.3. The price at which Goods shall be listed for sale in the Wine Store shall be reasonably determined by LANGTONS, having regard to the Reserve and such other factors as LANGTONS believes are applicable. LANGTONS shall not be required to disclose to any Seller its reasons for determining a Wine Store listed price.
8.4. Any Goods listed for sale both by Auction and in the Wine Store shall be immediately removed from:
8.4.1. the Wine Store upon any Buyer bidding on the Goods in the Auction; or
8.4.2. the Auction upon any Buyer purchasing the Goods in the Wine Store.
8.5. Upon the sale of Goods that have been sold through the Wine Store and also listed for Auction, the Seller will be paid the Store Price of the Goods minus Commission and the difference between the Store Price and the Reserve within thirty (30) calendar days of the date of sale.
9. Ownership of Goods
9.1. The Seller, in providing Goods to LANGTONS for sale, warrants to LANGTONS and any Buyer of those Goods that:
9.1.1. it is the owner of those Goods;
9.1.2. it can and will give good title of the Goods to the Buyer; and
9.1.3. the Goods are sold free of any encumbrance, mortgage security or lien.
10. Risk
10.1. Goods held by LANGTONS will be at the Seller's risk until returned to the Seller or purchased by a Buyer, save that any damage to the Goods caused by LANGTONS’ negligence or wilful misconduct which shall be the responsibility of LANGTONS.
10.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Australian Consumer Law, each Lot is sold by the Seller with all faults and defects (if any) as detected by LANGTONS in accordance with clause 6.3. Purchase of a Lot by Auction shall be at the Buyer's risk and neither LANGTONS nor the Seller shall be accountable for any deficiency, damage or loss which may arise after the close of the Auction, except to the extent it arises from LANGTONS' negligence or wilful misconduct.
10.3. To the extent permitted by law, LANGTONS' liability under clause 10.1 or 10.2 shall be limited to the Hammer Price or Store Price (as applicable) or, if not sold, the Low Estimate value less Commission of the Goods. Except as expressly provided in these Terms, and to the extent permitted by law, LANGTONS shall not be responsible to a Seller or Buyer for any other loss, damage, action, cost or expense in respect to the Goods.
10.4. To the extent permitted by law, LANGTONS shall not be responsible for any default by a Seller or Buyer in relation to the sale and/or purchase of the Goods.
11. Seller Default
11.1. If the Seller does not own the Goods and or have clear title to the Goods and/or provides misleading and deceptive information about the Goods to LANGTONS then, without prejudice to any other rights or remedies:
11.1.1. if the Goods have not been sold, LANGTONS may withdraw the Goods from sale and return them to the Seller upon payment by the Seller of any and all reasonable costs of LANGTONS associated with obtaining and assessing the Goods for sale and returning them to the Seller;
11.1.2. if the Goods have been sold but not delivered to the Buyer, LANGTONS may terminate the sale contract with the Buyer, refund to the Buyer any monies paid by the Buyer and return the Goods to the Seller upon payment by the Seller to LANGTONS of any and all reasonable costs of LANGTONS associated with obtaining and assessing the Goods for sale and returning them to the Seller; and
11.1.3. if the Goods have been delivered to the Buyer, where possible LANGTONS may recover the Goods and refund to the Buyer any monies paid by the Buyer. The Buyer shall have no claim upon LANGTONS in respect to the Goods save for receiving the refund of any monies paid for the Goods.
Buying Wine
12. Buying Wine
12.1. Upon purchasing Goods from LANGTONS via Auction, the Wine Store or otherwise, LANGTONS will promptly send a tax invoice to the Buyer.
12.2. For purchases from the Wine Store or through Client Services, payment of the Store Price must be made by the Buyer to LANGTONS at the point of sale using the Buyer’s nominated credit card listed on their Member account.
12.3. For purchases made via Auction, the Buyer must make payment in accordance with the provisions at Payment clause 14.
12.4. Title in the Goods passes to the Buyer once payment has been made for the Goods. The Buyer must arrange for the Goods to be collected or shipped within thirty (30) days of payment. Risk in the Goods passes to the Buyer upon the earlier of the following: (1) the Buyer’s collection of the Goods; (2) the dispatch of the Goods (unless the Delivery Guarantee has been purchased as per clause 17.10-17.12); or (3) once the 21st day of the month has passed and storage has accordingly commenced (unless the Goods are covered by an Automatic Delivery Preference as per clause 17.6)
12.5. LANGTONS will ship the Goods on the Buyer’s behalf and at the Buyer’s expense, to the Buyer’s default delivery address set under their Member account, provided an Automatic Delivery Preference has been enabled by the Buyer (this can be selected through your Member account under 'Auctions & Deliveries' (https://www.langtons.com.au/account/preference). Refer to Delivery clause 17 for further information on delivery of Goods. If the Automatic Delivery Preferences have been disabled under the Buyer’s Member account and the Goods are not shipped by 4pm on the 21st of each month, the Buyer will be liable to pay storage fees in accordance with clause 17.7 of these Terms.
12.6. If the Buyer of Goods purchased at Auction does not pay in accordance with the provisions at Payment clause 14 then LANGTONS may cancel the sale and either return the Goods to the Seller or, if the Seller elects to do so, re-sell the Goods. Where such Buyer Default occurs, the Buyer will be liable for the reasonable costs incurred by LANGTONS in re-selling the Goods in accordance with clause 19.
13. Auction Bidding
13.1. If you bid on a Lot you make an irrevocable offer to buy the Lot at the price bid, being the Total Purchase Price (specifically Hammer Price plus Buyer’s Premium) you are willing to pay. Bids received by LANGTONS will be processed by LANGTONS. Except as otherwise provided in this clause, the current live leading bid for each Lot will be posted on the Websites and is also visible in your bid list if you are watching or bidding on the Lot.
13.2. Bids must be received by the Closing time on the closing day of the Auction as notified to you in the Catalogue, on the Websites and other communications. All time is as specified, being Australian Eastern Time (AET). For the avoidance of doubt, any online bids that are placed after the specified Closing time for online bidding of the Auction (noting final bidding is often moved into a live bidding room at a location nominated by LANGTONS) will not be accepted by LANGTONS and any impression (including via email) to the contrary is made in error.
13.3. LANGTONS has the right, at its reasonable discretion, to refuse any bid and to advance the bidding (including through vendor bids) as it may determine.
13.4. LANGTONS reserves the right (acting reasonably) to withdraw any Lot from sale (including after any bid(s) has been made) for reasons including, but not limited to, operational errors. If reasonably required, LANGTONS will notify the Seller and Buyer (as applicable) in writing with reasons for the withdrawal.
13.5. All prices are in Australian dollars (AUD$).
13.6. A Lot cannot be divided and the successful bidder must take the Lot as offered.
13.7. LANGTONS (using its AutoBid technology) processes and monitors all bids placed on the Websites. It only posts bids to the Websites when that bid is AUD$1 more than the next highest bidder. If a Buyer is outbid before the close of the bidding for a particular Lot then LANGTONS, using its AutoBid system, notifies the prospective Buyer(s) by email accordingly and offers the prospective Buyer(s) an opportunity to make another bid(s).
13.8. LANGTONS' AutoBid technology ensures that, regardless of the maximum bid the Buyer makes on a given Lot, the Buyer pays only AUD$1 more than the next highest bidder. For example if Buyer bids AUD$60 and the next highest bid is AUD$40 the Buyer pays only AUD$41.
13.9. LANGTONS has no responsibility or liability to you in relation to any failure or error made in connection with or due to the AutoBid technology unless such failure or error was directly caused by LANGTONS.
13.10. LANGTONS is not responsible for bids not received, processed or accepted which are reasonably due to technical or software issues. In particular, LANGTONS is not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted which is reasonably due to technical difficulties.
13.11. Except where explicitly permitted by LANGTONS (in its discretion as auctioneer), a Seller is prohibited from placing bids or arranging to have bids placed on behalf of the Seller in respect to Goods that it offers for sale. A Seller can bid on any other Lots (not owned by it) in the Auction.
13.12. An Auction of a Lot may or may not have a Reserve. Whether or not a Lot has a Reserve will not be disclosed. If a Lot has a Reserve, it will not be sold at Auction until a Buyer bids at or above the Reserve. If the Lot is passed in as a result of the bids failing to reach the Reserve, LANGTONS in its absolute discretion may give the Members who bid on the Lot or were watching the Lot an opportunity to purchase the Lot at Reserve (“Second Chance”). Such Second Chance will be available for a period of 24 hours after close of the Auction, after which time it will expire.
13.13. Should a technological issue with the Websites prevent the fair and accurate conduct of an Auction, LANGTONS may at its sole discretion extend the Auction beyond its advertised Closing time and date to at least 24 hours and no more than seven (7) calendar days after the original Closing time and date. Should LANGTONS amend the Closing time under this clause 13.13, it will notify relevant bidders by email and on the Websites.
13.14. LANGTONS has no responsibility or liability to you in relation to any failure or error of telecommunication services or technical systems with respect to an Auction or purchase via the Websites.
14. Payment
Payment by Buyer at Auction
14.1. Where a Lot is won at Auction and the Total Purchase Price is $10,000 or less, the Buyer's credit card that has been nominated under their Member account will be charged the Total Purchase Price (i.e. the Hammer Price plus the Buyer's Premium), immediately following close of the Auction.
14.2. Where the Total Purchase Price is over $10,000:
14.2.1. the Buyer must notify LANGTONS of the Buyer's preferred payment method (i.e., either bank transfer, BPAY or nominated credit card) within four (4) calendar days following the close of the Auction. If the Buyer selects to pay by cheque, LANGTONS will not release Goods to the Buyer until such cheque has been cleared; and
14.2.2. if a Buyer fails to notify LANGTONS of the preferred payment method within the timeframe required by clause 14.2.1, LANGTONS may charge the Buyer's nominated credit card for the Total Purchase Price.
14.3. The Buyer must pay LANGTONS the Total Purchase Price within thirty (30) calendar days of the close of the Auction.
14.4. If LANGTONS is reasonably required to take recovery action against the Buyer to recover monies from the Buyer then the Buyer agrees to pay LANGTONS' reasonable recovery costs (including legal costs on a party party basis) and expenses.
Northern Territory
14.5. Minimum Unit Pricing for the Northern Territory
If you are a Northern Territory resident or ordering Goods for delivery to the Northern Territory, the listing of Goods on the Websites (either through Auction or Wine Store) and the inclusion of Lots in the Catalogue do not constitute an offer to sell those Goods to you. All orders to be delivered to the NT will be checked by LANGTONS for compliance with the minimum floor price (MFP) before the order is released from LANGTONS' warehouse. If any Goods in your order are below the MFP, LANGTONS will remove those Goods from your order and provide you with a full refund for the Goods that are removed. All other Goods in your order that comply with the MFP will be delivered.
15. Cancellation
15.1. LANGTONS may, at its discretion, cancel any order (in whole or in part) at any time (including orders that we have previously accepted or issued a tax invoice for) without any liability to you for that cancellation at any time if:
15.1.1. the Goods are not available;
15.1.2. you have specified a delivery address for those Goods that LANGTONS or any government authority deems to be subject to delivery restrictions for alcoholic or liquor products, after we have attempted to contact you to arrange for the Goods to be delivered to another delivery address not subject to any such restrictions;
15.1.3. we are unable to process your payment; or
15.1.4. your order is in breach of these Terms or is contrary to a person's rights or to any law.
To the extent that the factors referred to at 15.1.1 to 15.1.4 above are a result of actions outside of our control, we may cancel or refuse to accept your order without any liability to you for that refusal or cancellation.
16. GST
16.1. In these Terms, the expressions 'GST', 'supply', 'taxable supply', and 'tax invoice' have the same meaning as in A New Tax System (Goods and Services Tax) Act 1999.
16.2. To the extent that the supply of Services under this Agreement is a taxable supply, the Total Purchase Price shall be increased by an amount equal to any GST in respect of those Goods or Services.
16.3. The Seller or Buyer's obligation to pay GST on the Goods or Services that are taxable supplies is subject to LANGTONS providing a tax invoice for those Goods or Services. All prices quoted are GST inclusive.
16.4. If a Seller is registered for GST the Seller must supply LANGTONS with its ABN details for LANGTONS to collect GST on the Seller’s behalf. A Seller may supply its ABN details on the Websites by selecting the “GST” option in the Seller’s Member account or by contacting LANGTONS by phone. It is the responsibility of the Seller to notify LANGTONS of its GST status at least 24 hours before the Auction commences.
16.5. If you are a Private Seller or Private Buyer:
16.5.1. GST is not charged on the Total Purchase Price; and
16.5.2. GST is charged on the Commission, Buyer's Premium, freight & Delivery Guarantee (inclusive in LANGTONS' charges).
17. Delivery
17.1. Except where Buyers pick up the Goods (if available under this clause 17), LANGTONS may deliver the Goods to a person (“the Delivery Recipient”) at an address in Australia specified by the Buyer provided these Terms are complied with. Delivery fees are specified on the Websites at https://langtons.com.au/Delivery.html. International clients need to contact LANGTONS to make shipping and insurance arrangements.
17.2. Delivery Preconditions: LANGTONS takes its obligations to ensure and facilitate the Responsible Service of Alcohol seriously and we will not deliver your order if we consider any delivery circumstances are unsuitable for any reason, including because (1) we believe the order recipient is intoxicated; (2) we have a reasonable belief that an adult is purchasing alcohol on behalf of a minor or will supply alcohol to a minor; (3) the order recipient is in a school uniform, including a sports uniform, even if the individual is over the age of 18; and (4) the order recipient is under the age of 18. We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
17.3. Delivery Records: When placing an order, the signature requirement is set by default, however you can update your preference at the checkout before proceeding to purchase. Please note that if no signature is collected, you agree and confirm that LANGTONS can leave your packages(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. Provided we have acted on your delivery instructions, risk of loss or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).
17.4. Delivery Delays: You accept the risk that occasionally, due to unforeseen circumstances, deliveries may be delayed. We will not be liable or responsible for any failure or delay in delivery that is caused by any act or event beyond our reasonable control.
17.5. Non-Delivery Postcodes: In line with our commitment to the Responsible Service of Alcohol (RSA) and as a signatory of Retail Drinks Australia’s Online Code of Conduct, there are several postcodes in Australia to which we do not deliver under any circumstances. Non-delivery postcodes include: 4605, 4713, 4816, 4830, 4871, 4874, 4875, 4876, 4892, 4895, 5600, 5601, 5608,5609, 5680, 5690, 5700, 5701, 5710, 5723, 5724, 5734,6429, 6430, 6431, 6432, 6435, 6436, 6437, 6438, 6440, 6442, 6635, 6638, 6639, 6640, 6642, 6701, 6705, 6707, 6710, 6711, 6712, 6713, 6714, 6716, 6718, 6720, 6721, 6722, 6725, 6726, 6728, 6731, 6733, 6740, 6743, 6751, 6753, 6754, 6758, 6760, 6761, 6762, 6765, 6770, 6798, 6799. This list of non-delivery postcodes may be updated from time to time to reflect any changes made in each state and/or territory.
17.6. Storage of Goods purchased at Auction: A Buyer of Goods purchased may request LANGTONS to hold the Goods for up to thirty (30) calendar days to consolidate the shipping of those Goods with other purchases made by the Buyer via Auction, the Wine Store or otherwise. This request must be made by selecting 'Automatically consolidate and ship my auction stocks every 30 days to my default shipping address' under 'Auctions & Deliveries' (https://www.langtons.com.au/account/preference) in your Member account. All Goods not covered by an Automatic Delivery Preference must leave LANGTONS' premises (whether by pick up where available or by delivery) by 4pm on the 21st day of each month to avoid the Buyer incurring storage fees. In accordance with clause 12.4, risk in the Goods passes to the Buyer upon the earlier of the following: (1) the Buyer’s collection of the Goods; (2) the dispatch of the Goods; or (3) once the 21st day of the month has passed and storage has accordingly commenced (unless the Goods are covered by an Automatic Delivery Preference).
17.7. Storage Fees: Without limiting clause 17.6, where Goods remain at LANGTONS' premises and are not covered by an Automatic Delivery Preference, on the 21st of each month (except where shipping of the Goods is delayed as a result of LANGTONS' conduct), the Buyer shall be liable to pay storage fees of $0.40 per unit/bottle per month. (“Storage Fees”). The Buyer will be notified of upcoming Storage Fees at the time of payment of the Goods and will be deemed to have accepted LANGTONS’ conditions of storage, including that:
17.7.1. the Buyer acknowledges and agrees that they have made their own enquiries as to the suitability and fitness of the LANGTONS' storage facility for the purposes of storing the Goods and has not relied on any representation made by LANGTONS; and
17.7.2. whilst LANGTONS will take due care and reasonable steps to ensure safe custody of the Goods, LANGTONS does not accept liability for any loss or damage to the Goods and therefore recommends the Buyer arranges adequate insurance for the Goods.
17.8. If the Goods are not collected or shipped by the 21st of each month, LANGTONS will commence charging the applicable Storage Fees against the Buyer's credit card that has been nominated under their Member account. LANGTONS will process the first tranche of Storage Fees at 5pm on the 21st of each month. If the payment of Storage Fees fails, LANGTONS will promptly notify the Buyer and an alternative payment method must be arranged with LANGTONS immediately. If Storage Fees remain unpaid for a further period of thirty (30) calendar days, LANGTONS reserves the right (provided reasonable prior notice has been provided to the Buyer) to cease storing the Goods and may re-sell, or otherwise dispose of, the Goods.
17.9. Insurance: Whilst LANGTONS’ storage service will be provided with due care and skill, Buyers acknowledge and accept that where the Buyer has purchased the Goods and elected to have them stored with LANGTONS, subject to clause 17.6, the Goods are stored at the sole risk and responsibility of the Buyer. The Buyer is solely responsible for obtaining appropriate insurance for their Goods covering any physical loss and/or damage, destruction or deterioration of the Goods stored.
17.10. Delivery Guarantee: Buyers can elect to pay, at the time of purchase, for an additional fee (specified on the Websites at https://langtons.com.au/Delivery.html), to have delivery covered by LANGTONS' Delivery Guarantee. If no Delivery Guarantee is purchased, in accordance with clause 12.4, risk in the Goods passes to the Buyer upon dispatch of the Goods and any damage or loss in relation to the Goods during transit will not be the responsibility of LANGTONS unless it was caused by LANGTONS’ negligence or willful misconduct.
17.11. Under LANGTONS' Delivery Guarantee, subject to clause 17.12, if the Goods are lost or damaged during delivery from LANGTONS' premises to the Buyer’s address (including any pick-up points that are selected as the delivery option), LANGTONS will replace the Goods (where available) or refund the Buyer for the value (based on, and not more than, the Hammer Price or Store Price paid for the Goods). The refund will only be payable upon LANGTONS receiving satisfactory proof of the loss or damage. If requested, the Buyer must promptly return damaged Goods to LANGTONS and provide such other information as LANGTONS may reasonably request to assess the loss or damage.
17.12. LANGTONS shall not be liable under the Delivery Guarantee for any loss arising from the Buyer failing to provide LANGTONS with a correct address and delivery details, or for LANGTONS otherwise delivering in accordance with the Buyer's instructions (such as leaving the wine outside unattended premises).
17.13. If you have specified a delivery address that LANGTONS or any government authority deems to be subject to delivery restrictions for alcoholic or liquor products, we will endeavour to contact you to arrange for an alternate delivery address that is not subject to such restrictions. In the event that LANGTONS is unable to make contact with you, or if you do not provide us with an alternate delivery address that is not subject to delivery restrictions, we may cancel your order in accordance with clause 15.1.2.
17.14. Warm Weather Shipping: LANGTONS may in its discretion (unless otherwise agreed with the Buyer), or upon express request by the Buyer, hold delivery of the Goods during periods of hot weather if LANGTONS considers that the temperature may compromise the condition of the Goods. While LANGTONS will endeavour to make prompt delivery without compromising the condition of the wine, LANGTONS' Delivery Guarantee does not cover heat damage. Please visit our Warm Weather Shipping page (https://www.langtons.com.au/warm-weather-shipping.html) for updates.
18. Pick up
18.1. Selected Goods, as specified on the Websites, may be eligible to be picked up by the Buyer from selected locations. If pick up is available, Buyers may select their preferred location from the list of available locations at the time of purchase.
18.2. Our standard delivery time frames and charges apply to each Pick up order as set out and charged at the time of purchasing the Goods.
18.3. If you elect to pick up the Goods, you agree to comply with the collection requirements specified in this clause 18 and such other requirements that we may notify you of when you place your Pick up order through the Websites.
18.4. You agree that:
18.4.1. you must collect your Goods from the location selected by you at the time of purchase; and
18.4.2. you must verify your age and identity and provide your signature when you collect your Goods.
18.5. You may nominate another person to pick up the Goods on your behalf at the time of purchase, provided the person is 18 years of age or over. We will require your representative to verify their name, age and identity at the time of collection. If you or your representative do not supply the appropriate identification, we will not allow collection of the products you have ordered.
19. Buyer Default
19.1. If a Buyer fails to pay for any Goods within 30 calendar days of the close of Auction or the date of purchase from the Wine Store, via Client Services or otherwise, LANGTONS shall, without further notice to the Buyer, and without prejudice to any other rights or remedies it may have, and where it is acting reasonably, be entitled to exercise one or more of the following rights or remedies:
19.1.1. seek recovery from the Buyer for the cost of the Goods, interest in accordance with 19.1.4, reasonable direct expenses and damages for breach of contract;
19.1.2. rescind the sale of that Lot sold to the Buyer;
19.1.3. resell the Lot or cause it to be resold by public or private sale. Any deficiency in the price from such resale together with the full direct costs incurred in connection with the resale, shall be payable to LANGTONS by the Buyer;
19.1.4. charge the Buyer interest on the Total Purchase Price at the rate of 2% above the 90 day bank bill swap rate published by the Reserve Bank of Australia for each day that it remains unpaid for more than 30 calendar days from date of the close of Auction or the date of purchase from the Wine Store or via Client Services;
19.1.5. retain that Lot sold to the Buyer and release the same only after payment of the Total Purchase Price plus any reasonable storage costs, have been received by LANGTONS; and
19.1.6. offset any amount due or becoming due to the Buyer against settlement of the Total Purchase Price and costs and expenses and LANGTONS shall be entitled to a lien on any property of the Buyer which is in LANGTONS' possession until all monies owing to LANGTONS by the Buyer have been paid in full.
LANGTONS' Warranties
20. Goods sold by Auction
20.1. Goods to be sold by Auction are described as accurately as can reasonably be ascertained by LANGTONS at the time. However, Buyers acknowledge and accept that buying Goods sold by auction carries risk. For instance:
20.1.1. LANGTONS cannot readily ascertain how well Goods have been cellared; and
20.1.2. appropriate allowances must be made for natural variations in older wines, including but not limited to, variations of ullage, the condition of corks and labels, the colour and taste of the wine.
20.2. Buyers acknowledge and accept that some consumer guarantees under the Australian Consumer Law, including guarantees as to acceptable quality or fitness for purpose do not apply to Goods sold by Auction. LANGTONS shall not be responsible for any errors of description provided by the Seller or for any faults or defects in any Goods sold by Auction and no warranty whatsoever is given by LANGTONS, its employees or agents in respect of any such Goods. Buyers therefore accept these risks and, except as set out in clause 21, LANGTONS shall have no liability to any person for any loss or damage suffered by any person in relation to Goods sold by Auction.
21. Consumer guarantees
21.1. Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law.
21.2. For major failures with the Service, you are entitled:
21.2.1. to cancel your Service contract with us; and
21.2.2. to a refund for the unused portion, or to compensation for its reduced value.
21.3. You are also entitled to choose a refund or replacement (where the same Goods are available) for major failures with Goods. If a failure with the Goods or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Goods, or to cancel the contract for the Service and obtain a refund of any unused portion.
21.4. You are also entitled to be compensated for any other reasonably foreseeable loss or damage caused by the failure in the Goods or Service.
21.5. To obtain compensation, Buyers would need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of a failure by LANGTONS to comply with a consumer guarantee under the Australian Consumer Law. Such evidence may include photographs, statutory declarations, receipts or reports, depending on the loss or damage.
21.6. Buyers' rights to a remedy under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. As such, the type of remedy we will offer Buyers may vary depending on the age and history of the Goods and how long it takes the Buyer to return the Goods to us. We will always take a fair and reasonable approach.
22. LANGTONS' Undertakings
22.1. In addition to a Buyer's rights under the Australian Consumer Law, if within 28 days of the date of dispatch from LANGTONS' premises of any Goods sold by LANGTONS, the Buyer notifies LANGTONS in writing that:
22.1.1. in their view (acting reasonably), the Goods were:
22.1.1.1. short or ullaged at the time of the sale; or
22.1.1.2. the Goods were not correctly described in the Catalogue or in the Wine Store (as applicable); and
22.1.2. in the case of 22.1.1.2, within 14 days of the Buyer’s notice, the Buyer returns the Goods in saleable condition (as reasonably determined by LANGTONS) as at the date of delivery to the Buyer; and
22.1.3. LANGTONS is satisfied (acting reasonably) that the product is materially different to the description in the Catalogue or in the Wine Store (as applicable),
22.2. LANGTONS may set aside the sale and either replace or refund to the Buyer (at LANGTONS' discretion) the amount paid by the Buyer in respect of the Goods (inclusive of relevant shipping fees).
22.3. These undertakings do not apply to wines older than 15 years where faults may be due to wine simply being too old (and this has affected the quality of the cork, colour or taste of the wine etc.)
22.4. A Buyer shall not be entitled to claim under clause 22.1 for more than the amount paid by the Buyer for the Goods and delivery thereof and shall have no claim for any other loss or damage, whether direct or indirect, suffered by the Buyer.
23. Limitation
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Australian Consumer Law or any implied warranties under the consumer protection laws in the States and Territories of Australia, or LANGTONS' liabilities under those provisions.
a) We exclude all implied terms and warranties, whether statutory or otherwise, relating to our Websites, the subject matter of our agreement with you and all content to or from which the Websites is linked.
b) We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;
c) Where we refund you the amount of your order as provided in your agreement with us, you agree such a refund is the total amount of our liability to you for all circumstances relating to the refund.
d) Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it, is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
e) Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
24. Websites
24.1. These Websites are provided on an “as is” and "as available" basis, and without warranties of any kind regarding the operation or availability of the Websites.
24.2. Our Websites' content is provided for general information only and it is not intended to amount to advice on which you should rely. While we will take all reasonable steps to ensure that our Websites are up to date, we do not warrant the accuracy and completeness of the materials, information or services on these Websites.
24.3. LANGTONS, like all online businesses, is dependent on third parties for its infrastructure and services. LANGTONS therefore gives no warranty that continuous, uninterrupted or secure access to the Websites will be available at all time.
24.4. While every effort will be made to rectify the services under LANGTONS' control and the services controlled by LANGTONS' third party suppliers in a timely manner, LANGTONS takes no responsibility for any losses incurred as a result of being unable to bid at Auction or access the Websites
24.5. Should technological issues with the Websites prevent the fair and accurate conduct of an Auction, LANGTONS may at its sole discretion extend the Auction beyond its advertised closing time and date to at least 24 hours and no more than 7 days after the original closing time and date. Should LANGTONS amend the closing time under this clause 24.5, it will notify relevant bidders by email and on the Websites.
24.6. LANGTONS has no responsibility or liability to you in relation to any failure or error of telecommunication services or technical systems with respect to an Auction or other purchase via the Websites or notice or communication of any kind.
25. Privacy
25.1. Our Privacy Policy (https://www.langtons.com.au/privacy-policy.html) provides details of how LANGTONS collects, uses and discloses your personal information, how you can access your personal information or raise a complaint about the management of your personal information.
26. Marketing Communications
26.1. Opt in: Where you have opted in to receive marketing communications, you agree that LANGTONS may send you commercial electronic messages and tailored advertising (which include direct marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail).
26.2. Opt out: You may opt out of receiving commercial electronic messages and other advertising that we send you directly,including opting out of receiving such communications via certain channels (including email or SMS) or opting out of certain marketing preferences by managing your preferences under your Member account. You may also use the unsubscribe facility we provide in the commercial electronic message. If you use the unsubscribe facility provided in that commercial electronic communication, you can opt out from receiving commercial electronic messages via a specific channel or you can opt out of receiving commercial electronic messages in relation to a particular marketing preference.
Opting out of receiving commercial electronic messages from LANGTONS will not withdraw your consent to receive messages from other Endeavour Group Limited brands under separate terms and conditions. If you would like to opt out of other Endeavour Group Limited brands, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions. Tailored advertising is advertising that is specifically tailored to particular segments of LANGTONS' Members based on certain attributes, behaviours or preferences which they have in common.
Tailored advertising is facilitated through the use of cookies and other digital technologies. For more information (including on how to opt out of tailored advertising), please see our Cookie Policy (https://www.langtons.com.au/cookie-policy.html).
If you have any questions about how to opt-out or unsubscribe please contact LANGTONS on 1300 946 347 or via email at service@langtons.com.au.
Regardless of whether you opt-out of any and/or all commercial electronic messages (including email, SMS or push notifications, where applicable), you agree to still receive service-based electronic messages relating to your membership, including changes to these Terms and Conditions, our Privacy Policy or Collection Statement, account transactions or important information (for instance recall notices) relating to products you have purchased or other information we’re required to provide you by law.
Your agreement to receive service-based electronic messages is effective until such time as you elect to terminate your LANGTONS membership.
You may not opt-out of receiving service-based electronic messages without terminating your Langtons membership. You will need to contact LANGTONS on 1300 946 347 or via email at service@langtons.com.au to terminate your membership and you will thereafter no longer receive commercial electronic messages or service-based electronic messages which are sent to LANGTONS members.
You acknowledge and agree that we are not required to include an unsubscribe function in electronic messages where it may be impracticable for us to do so. This may include push notifications or service-based electronic messages (such as account creation and order confirmations) that contain hyperlinks to website content that is primarily factual in nature, such as our Privacy Policy or Terms and Conditions, where such pages incidentally contain commercial content (for example in the page footer).
27. Governing Law
These Terms and any contract including them shall be governed by the laws of the State of New South Wales.
28. Changes to Terms and Conditions
These Terms may change or be suspended or terminated from time to time. These changes may relate, amongst other things, to our delivery charges. We will give advance notice of any such matters on our Websites. Continuing to use any of LANGTONS' services after the period of advance notice has expired will be deemed as acceptance of the changed terms and conditions.
These terms were most recently updated on 19/03/2024.
29. General
29.1. The singular shall include the plural and vice versa, words importing any gender shall include every other gender, and where there is more than one party comprising Seller or Buyer, they shall be bound jointly and severally.
29.2. The words include, including, for example or such as are not to be interpreted as words of limitation, and when such words introduce an example, they do not limit the meaning of the words to which the example relates, or to examples of a similar kind.
29.3. All communications shall be by notice in writing. A reference to “in writing” includes notices sent by email. A notice or other communication is deemed to have been received:
29.3.1. if delivered by hand to the nominated address, when delivered to the nominated address; or
29.3.2. the receiver receives confirmation of receipt and in any event 24 hours of sending the notice.
29.4. No waiver or failure or delay to act by LANGTONS- in respect to any default on the part of Buyer or Seller in the performance of these terms and conditions shall prevent actioning that or any other default by the Seller or Buyer.
29.5. If any provision of these Terms is deemed to be unlawful or unenforceable it is to be severed from these Terms and all other remaining provisions remain in force.