Use & Privacy

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
Your right to use the Service is personal to you.

3.2
You agree not to do any of the following:

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.
b. Send unsolicited offer to purchase goods.
c. Use the Service for broad-based mailing or spamming without the prior written permission of winecave.com.au.
d. Copying material from the site.
e. To allow others to falsely identify your account as the origin of such communication.
f. Interfere with or in any way the Service.
g. Transmit any unlawful, libellous, threatening material of any kind through the site.
h. Take any action that would impose a large load on our site.
i. Copy, reproduce, alter, modify information from our Site (except information belonging to you) without the prior express written permission of winecave.com.au.

4. Terms of Purchase

4.1
If you purchase an item, you are obliged to complete the transaction are bound by the sale conditions. Purchases cannot be withdrawn unless in our opinion and within our sole discretion, you have made a clear error.

4.2
To order alcoholic beverages you must be 18 years of age and over.

4.3
A minimum purchase applies per order of $200 for free delivery, except where otherwise stated.

 4.4
Payments can be made via either PAYPAL, VISA, MASTERCARD, or AMEX

Direct Deposit is available via the Internet if you contact us directly.

FOR DIRECT DEPOSIT (within Australia):-
Account Name - Cellar dor Pty Ltd
ANZ Bank BSB - 013 427
Account No - 2956 08194
Please include Invoice No. with deposit

Please note goods will not be dispatched until direct deposit payment has hit Cellar d'or bank account.

5. Terms of Sale

5.1
All goods are offered subject to continuing availability and winecave.com.au reserves the right to amend advertised prices, vintages, availability and offers without prior notice.

5.2
All prices quoted are inclusive of GST.

5.3
winecave.com.au requires payment in full to confirm any order and reserves the right to withhold a delivery of goods until payment in full has been received.

5.4
Title to goods remains with winecave.com.au until payment in full is received. In the event of payment by cheque, this is upon clearance of the cheque.

5.5
winecave.com.au liability, in the event of any loss in transit or inability to supply, is limited to reimbursement of the amount you have already paid, or Credit Note towards next purchase.

5.6
All goods must be inspected upon delivery and any claim must be made within 24hrs. If a delivery fails to arrive in good order we will arrange collection and a refund (including delivery charges) or product replacement of equal value.

5.7
Deliveries are made to the address provided by you when ordering goods from winecave.com.au rather than to a specific individual.

5.8
winecave.com.au will deliver the goods to the address you specify in your order, subject to their availability. The person (s) at the delivery address who receives the goods will be presumed to be the authorised person to receive those goods and must 18 years of age and over. Once you receive the goods you will be responsible if they become damaged, lost or stolen.

5.9
Every order will be signed for by receiver. Goods will not be left unattended. If no one is at the designated delivery address to receive the delivery, the goods will be taken to the nearest Post Office and a card to that effect will be put into your letter box.

5.10
All data, prices and offers on this website is believed to be correct. Changes may occur from time to time which may not necessarily be reflected on this website. Please note bottle images on the site may not always reflect the actual product.
 

5.11
All orders made to winecave.com.au are subject to confirmation and acceptance by winecave.com.au.

5.12
winecave.com.au reserves the right to accept, refuse, or limit your order for any reason including, but not limited to the unavailability of a product, incorrect pricing, vintages or any other errors in relation to product descriptions on this website. The order acknowledgement is not a contract and does not constitute an acceptance of your order, but only a record of your offer to purchase particular item (s) at a particular price.

5.13
Please select your products carefully as no refunds are given for goods because of change of mind or you no longer require them or they are incompatible with your sensory taste.

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
At winecave.com.au the utmost care is taken to bring you the most up to date information on all wines, but from time to time a wine might change it's price, vintage or availability between the time you see it and the time it is ordered and confirmed. In this instance we will contact you within 48 hours and advise of the change and request whether the change is suitable for you to go ahead with the purchase. If you are not happy with the changes, and have gone through the checkout process, we will give you the choice of a refund or winecave.com.au Credit Note to spend on your next purchase. If you choose a refund, while we will process the refund straight away, the money may take 3 to 5 days to reach your account, which is due to bank processing, and unfortunately not under our control. Please note bottle images on the site may not always reflect the actual product.

6.2
winecave.com.au cannot accept liability for any inconvenience or loss in the event that an incorrect vintage or product which has been shipped.

6.3
A confirmation e-mail will be sent to you 2 weeks after your order, so you can verify whether your wine has arrived. If at any point, winecave.com.au becomes aware of a delay to your delivery, you will be contacted by phone or e-mail as soon as possible.

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
You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable laws and regulations and industry standards.

11.2
winecave.com.au retains the right, at its sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of these Terms & Conditions and may, at its sole discretion, immediately terminate your use of the Service if your conduct is found to be inconsistent with these Terms & Conditions.

11.3
Privacy Policy

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.
b. winecave.com.au may in its sole discretion refuse service to anyone at any time.
c. winecave.com.au  fully insures wine for transport and accepts responsibility up to point of delivery. winecave.com.au cannot be held responsible for goods left at the customers request under special delivery instructions where goods are left unattended.

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
Registration information offences

• Representing yourself as another winecave.com.au user or registering by using the identity of someone else.
• Falsifying or omitting your name, address, and/or telephone number (including the use of fax machines or disconnected numbers).
• Falsifying or omitting your email address. This is determined when an email address bounces repeatedly (usually an error message that the email address or mailbox is unknown or invalid).

16.2
Miscellaneous offences

• Using any routine or activity to interfere or attempt to interfere with any of winecave.com.au operations.
• Use of profanity or patently vulgar language of a racist, hateful, sexual, or obscene nature in a public area.