1.1. Please read these terms and conditions for all orders with cellars.com.au which includes all vendors listing their products at shop.cellars.com.au
PLACING AN ORDER FOR PRODUCTS
2.1. You may order products online or by phone, and by doing so you accept our terms and conditions.
2.2. Any Order placed with Cellars.com.au is an offer by you to purchase the particular Product for the price notified (including any charges and taxes) at the time you place the Order.
2.3 Wine Vintages may vary. Every effort is made to ensure the current vintage is displayed, however variations can occur due to the winery vendor having vintage inventory that differs from time to time. Often, wineries use bottles showing vintages that differ to what they have available and in stock. You agree to accept the wine vintage sent by the wineries / distributors as those wine bottle images, vintages, tasting notes and prices listed on Cellars.com.au are provided by the wineries / distributors.
2.4. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders.
2.5. You agree to provide us with current, complete and accurate details when asked to do so.
ACCEPTANCE OR REJECTION OF AN ORDER
3.1. We reserve the right to accept or reject your Order for any reason, including a cancellation in accordance with clause 8.
3.2. Each Order placed with a vendor store listing on Cellars.com.au that we accept results in a separate binding agreement between you and the vendor store for the supply of those Products. The agreement for each Order accepted by us will only be created when accepted by our vendors we partner with at shop.cellars.com.au and will be in accordance with these terms and conditions and any additional offer terms or promotions notified to you, or that you are aware of, at or before entry into the agreement.
4.1. All Orders that we accept for liquor Products are only accepted, processed and distributed by one of the vendor stores we partner with at shop.cellars.com.au. The Orders and any acceptance or agreement are subject to our obligations under the various Liquor Licensing Acts in the jurisdictions in which we and our vendors listed on shop.cellars.com.au operate and our obligations to comply with responsible service of alcohol obligations. Under cellars.com.au Liquor Licence No. LIQP770017363, no liquor products for sale under this licence is delivered or stored at the licensed premises. All products is picked, packed and shipped (drop-shipped) from the individual vendor winery, cellar door or bottle shop owned and operated premises.
(a) acknowledge that it is against the law to sell or supply alcohol, or obtain alcohol products on behalf of, a person under the age of 18 years; and
(b) warrant that you are over 18 years of age and are not obtaining alcohol (including liquor Products) on behalf of a person under the age of 18 years.
DELIVERY OF PRODUCTS
Delivery options are set by each vendors selling product on shop.cellars.com.au and you should phone this winery, cellar door or bottle shop for details.
FRAUD AND RISK ASSESSMENT
We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel or refuse your Order.
RISK AND TITLE
7.1. Risk in the Products passes to you at the time of dispatch from a vendors store or the delivery of the Products to you. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products at a shop.cellars.com.au vendor store; or
(b) for home delivery, receipt of those Products once delivered.
CANCELLING AN ORDER
8.1. We may cancel any Order, or refuse to accept an Order, or part of an Order at any time (including any Orders that we have accepted or issued an invoice for) without any liability to you for that cancellation at any time if:
(a) the requested Products in that Order are not available;
(b) we are unable to process your payment;
(c) there is an error in the price or the product description posted on the shop.cellars.com.au in relation to the relevant Product in that Order; or
(d) we reasonably suspect any fraudulent or unlawful activity.
FEES AND CHARGES
8.2. If we cancel an Order:
(a) in accordance with clause 8.1(a) or 8.1(c) we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any fees and charges, will be refunded to your original payment method or through an alternative means.
(b) for any other reason: we will provide you with reasonable notice of that cancellation. If your Order is cancelled before the day of delivery dispatch by a vendor at shop.cellars.com.au, then the full payment amount, including any fees and charges, will be refunded to your original payment method or through an alternative means. If your Order is cancelled on the day of delivery dispatch by a vendor at shop.cellars.com.au, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made. If any payment has been made in excess of $20, we will refund that excess amount to your original payment method or through an alternative means.
8.3. If you cancel an Order:
(a) on or before on the day of delivery dispatch by a vendor at shop.cellars.com.au, then the full payment amount, less 2% fees charged by Stripe for completing the transaction, will be refunded to your original payment method or through an alternative means.
9.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the cancellation fee for an Order that is cancelled as set out in clause 8.2(b); and
(d) any other fees and charges set out in these terms and conditions or notified to you from time to time.
9.2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
9.3. The purchase price of each Product is shown on the product list of each vendor at shop.cellars.com.au at the time you place your Order. The purchase price of a Product on the shop.cellars.com.au may not be the same or correspond to the prices other websites, including the vendors own Site for the same Product.
9.4. You acknowledge that:
(a) we are not required or obligated to match any prices for any Products, including matching any prices for a Product that is available through the vendors store page on shop.cellars.com.au stores or vice versa; and
(b) all pricing displayed on shop.cellars.com.au may differ depending on your location by using your IP (for example, the price for a Product in Perth may differ to the price for that same Product in Melbourne).
9.5. Prices for Products and Vintages of Wines change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.
9.6. If a Product that you have ordered is not available and we have not provided you with a substitute, then we will provide you with a refund back within 3-5 business days to your card of purchase to the value of the Products that were not supplied to you.
10.1. You must pay the fees and charges online using the payment methods in clause 10.2.
10.2. We accept all major credit cards, or Visa, Mastercard, Amex and PayPal.
10.3. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.
10.4. You authorise Cellars.com.au to debit the amount that is payable for an accepted Order from your nominated payment method to pay for the fees and charges.
10.5. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
SUBSTITUTION OR MISSING ITEMS IN YOUR ORDER
11.1. You acknowledge that a Product that you order may be a different year vintage, out of stock or temporarily unavailable from a vendor listed on shop.cellars.com.au. If this happens, then the vendor will not be able to provide you with that Product.
11.2. For your Order, should the vendor on shop.cellars.com.au be unable to supply some or all of your Products in an Order, then they will endeavour to provide you with a substitute Product:
(a) when the Product you have selected is not available; or
(b) if they are not able to supply to you the Product that you have selected.
Vendors of shop.cellars.com.au will aim to select substitute Products that are of similar value and quality, but they may reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.
12.1. The Cellars.com.au Returns Policy applies to all purchases of Products using the Site and forms part of these terms and conditions.
12.2. If you wish to return the Product in accordance with our Returns Policy, then you may:
(a) return the Product to the vendor stores you received the Products from with your order confirmation at your own expense; or
(b) if visiting a vendor winery, wine cellar or bottle shop is not convenient for you, or there is not a store close to you, then contact the Vendor Store by telephone to make arrangements to return that Product.
12.3. The Cellars.com.au Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law.
YOUR GENERAL OBLIGATIONS
(a) agree that we may charge you for all Products that we agree to supply to you that have been ordered.
(b) should check the labels on the Products before consumption or use.
14.1. 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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
14.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our potential liability under those provisions:
(a) you acknowledge that the Site and each Product is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products and the Site or the subject matter of this agreement; and
(c) we (and our related bodies corporate, agents, employees, officers and representatives) will not be liable to you for indirect and consequential loss arising from or connected to this agreement 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).
14.3. Our liability (and the any liability of our related bodies corporate, agents, employees, officers and representatives) to you for loss or damage of any kind arising out of this agreement 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 the liability arises in contract, tort (including negligence), under any statute or otherwise.
INTELLECTUAL PROPERTY RIGHTS
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
16.2. We grant you a temporary, non-exclusive licence to:
(a) store a reproduction of the content on this Site (in unaltered form) on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content on this Site (in unaltered form) for the sole purpose of viewing and other than for content where express notice is given to the contrary
16.3. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
CHANGES TO THESE TERMS AND CONDITIONS
17.1. We may change these terms and conditions at any time, without notifying you and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process. If following any such change you continue to use the Site, then you will be deemed to have accepted those changes or modifications.
17.2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
18.1. The Site may contain links to external websites that are not operated by us or our related bodies corporate.
These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
18.2. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
18.3. This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
18.4 We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Site, including in relation to product descriptions or other content of this site is provided in good faith. However, we do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Site.
18.5 We do not accept responsibility for any interference or damage to your computer system, including loss of data or security breaches, which may arise in connection with your use of the Site or any linked website.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Capitalised terms used are defined in these terms and conditions. In these terms:
Contact Hours means Customer Service Centre operating hours.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
LoginID means the email address that you provided to us as part of the registration process to use the Site.
Order means any order for a Product or Products submitted using the Site.
Product means each good or service that is advertised for sale on the Site.
Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as Products containing liquor, tobacco or sharp objects.
Site means cellars.com.au, shop.cellars.com.au and all associated pages owned and operated by Cellars.com.au.