WARNING: Under the Liquor Control Reform Act 1998 it is an offence: To supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000). For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500). Cellar d'or Liquor License Number 3607 8019 1. Introduction You have entered the site of winecave.com.au (an on-line market place) dedicated to bringing the best price for any liquor related goods to your computer screen. Before you register to use or access this web sites great facilities you must read, agree and accept all the terms and conditions contained in these user guidelines and the privacy policy. We may encounter the need to change these User Guidelines or Privacy Policy and you should check them every time y ou access or use the services of winecave.com.au. All amended terms will be automatically effective 30 days after their initial posting to this site. If you do not agree to these changes please terminate your membership. We reject any additional or conflicting terms and conditions that a user may attempt to enforce in any way. These rules may not be amended except in writing signed by you and winecave.com.au. Please contact us, if you are not satisfied with these conditions of use. The user guidelines regulate all transactions for all sales making use of winecave.com.au 2. Explanation of terms Site - the current site of http://www.winecave.com.au, which are the internet web sites through which winecave.com.au provides its Facilities. Facilities - the services offered by winecave.com.au to allow a person to buy goods. User Guidelines - refers to the Terms and Conditions located bellow and those incorporated by reference. 3. Use of the Service 3.1 3.2 a. Upload, transmit, distribute or in any way exploit, any material obtained through the Service, including and not limited to our web pages for any commercial purpose whatsoever. 4. Terms of Purchase 4.1 4.2 4.3 4.4 Direct Deposit is available via the Internet if you contact us directly. FOR DIRECT DEPOSIT (within Australia):- Please note goods will not be dispatched until direct deposit payment has hit Cellar d'or bank account. 5. Terms of Sale 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 Cellar d'or Pty Ltd reserves the right to claim costs of recovery on any unpaid monies that exceed our normal trading terms. This could include debt collection and cost of solicitors on a party to party basis. Nothing in this provision is to be construed as our consent to late payment of the previously agreed price. 6. Customer Service Policy, Product Availability and Changes of Vintages 6.1 6.2 6.3 7. Guarantee Winecave.com.au makes every effort to ensure the best condition of goods dispatched. 8. Return Policy Please choose products wisely as winecave.com.au does not refund money for products which are incorrectly selected, or are not wanted due to change of mind. winecave.com.au does its utmost to ensure that your wine reaches you in the condition that the winemaker intended. In the rare instance that a bottle is corked or oxidized, cork must be replaced in the bottle and returned to winecave.com.au with no more than one third of the bottle's contents missing. Please contact Cellar d'or on shop@winecave.com.au 9. Delivery Costs of Road Delivery to your door are as detailed in the Delivery Section on this web site. Please allow a maximum of 14 to 21 days for delivery, however we will endeavour to deliver most orders within 7 working days (excluding cheque payments, as cheques must firstly be cleared before order is processed). Any deliveries requiring redelivery, or redirection from an address provided by yourself to a new address provided by the recipient, will incur an additional delivery charge. 10. Disclaimer Winecave.com.au believes in drinking responsibly. Under the Liquor Control Act 1998 for Victoria, it is illegal for persons under the age of 18 to purchase alcohol from this site. It is an offence to sell or supply alcohol to or to obtain alcohol for persons under the age of 18. 11. Additional Policies You agree to do as follows: 11.1 11.2 11.3 We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. Our current Privacy Policy is available by clicking here. If you object to your Information being transferred or used in this way please do not use our services. 12. Goods And Services Tax (GST) GST will be levied on any purchases conducted on winecave.com.au. The transaction statement of a Member in the My Account section of the Site contains the necessary information in the appropriate format to serve as a tax invoice. GST means GST as defined in the New Tax System (Goods and Services Tax) Act 1999, Commonwealth, Australia. 13. Further Obligations And Acknowledgements You acknowledge and agree that: a. winecave.com.au cannot guarantee the preservation of any record and may delete information at its sole discretion and without notice. 14. Release And Indemnification You hereby forever release and discharge all claims that you now have or may have against winecave.com.au, its shareholders, directors, agents and representatives connected with or arising out of and incidental to any transaction arising from services provided herein. You hereby agree to indemnify, defend and hold winecave.com.au, its related companies, shareholders, directors, agents and representatives harmless from and against any and all claims, loss, damage, tax including GST, liability and/or expense that may be incurred by winecave.com.au, its related companies, shareholders, directors, agents and representatives arising out of or in connection with the performance of its duties as described in this User Agreement (except as caused by its gross negligence or wilful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold winecave.com.au, its related companies, shareholders, directors, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party arising out of your use of the Service, the breach of these Terms & Conditions by you, or other user of the Service using your login. The provisions of this section and the preceding paragraph will survive any termination of this agreement. 15. Laws These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria. You and winecave.com.au agree to submit to the exclusive jurisdiction of the courts of the State of Victoria. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. winecave.com.au failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by winecave.com.au in writing. You and winecave.com.au agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and you and winecave.com.au forever waive any such cause of action. WARNING: Under the Liquor Control Reform Act 1998 it is an offence: To supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000). For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500). 16. Additional Terms Set out below are lists of various offences for which we may within our own absolute discretion remove your name from our register and disqualify you from using our service either temporarily or permanently. It is emphasised that this list is not intended to be an exhaustive list and may be varied from time to time at the absolute discretion of winecave.com.au. 16.1
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Privacy Policy
1. Overview
Please read our privacy policy carefully. As part of the normal operation of our services we collect, use and from time to time, disclose information about you to third parties. This Privacy Policy governs the information we collect about you and your use of information we provide to you. By accepting this Privacy Policy and the User Guidelines, you expressly consent to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the winecave.com.au User Agreement.
The privacy practices of this notice apply to the winecave.com.au website (collectively the "Site"). winecave.com.au operates under similar privacy practices as described in this Privacy Policy and, subject to the requirements of applicable law and, in the case of Australia, the requirements of the Privacy Act 1988 (Cth), (as amended by the private sector provisions which came into effect on 21 December 2001) (the "Privacy Act").
2. Information we collect
3. Use of the information
We use the information to target and customise our advertising, to advise of products and services including new products.
4. Disclosure of your information
We cannot and do not guarantee, and you should not expect, that your personal information or private communications will always remain private.
5. Security
Perfect security does not exist on the internet. However, we use industry standards to safeguard the confidentiality of your personal information. Payment details including your personal information and credit card details will be processed and protected over 128-bit SSL encryption.
6. Changes
We may change this Privacy Policy from time to time based on your comments and our need to accurately reflect our data collection and disclosure practices. All changes to this policy are effective after we provide you with at least thirty (30) day's notice of the changes by posting the changes on the winecave.com.au announcements board or by email notification. We provide you with thirty (30) days notice to allow you the opportunity to notify winecave.com.au if you do not agree to such changes.
7. Children
No person under 18 is allowed to use this service unsupervised (i.e. without your parents or guardians). Additionally, if you are under the age of 18, you will not be able to purchase alcohol from winecave.com.au.