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Terms and Conditions

Version: March 2022

 

Disclosures under Fair Trading Act 1987 (NSW)

Please ensure you carefully review the terms and conditions below which apply to the sale of products through our websites, in particular:

  • Clause 10 – Delivery;
  • Clause 11 – Risk;
  • Clause 16 – Claims & Implied Terms;
  • Clause 17 – Indirect Loss; and
  • Clause 19 – Privacy Policy.

 

1. General

(a) Accolade Wines Australia Limited (ABN 86008273907) (Accolade, us, our or we) is the owner and operator of the Website where you can browse, select and purchase products sold by us (Products).

(b) These Terms and Conditions (Terms) govern your use of the Website.

2. Your agreement to these Terms

(a) Your access to and use of the Website, including any Orders and purchases of Products through the Website, is governed by these Terms (including our Privacy and Cookies Policy (Privacy Policy), our Acceptable Use Policy and any other terms and conditions or policies referenced in these Terms). You agree to be bound by all terms and policies referenced in these Terms, and acknowledge and agree such terms and policies form part of these Terms. 

(b) We may vary these Terms at any time, without notice, by displaying the amended Terms on this Website. You should review the Terms each time you use the Website.

(c) By accessing and using the Website, you acknowledge that you have read and understood the Terms as they exist at that time, and you agree to be bound by, and comply with, these Terms. You must also ensure that you strictly comply the policies which form part of these Terms.

3. Definitions

(a) In these Terms:

     (i). “Delivery Address” means the shipping address as notified by you at the time of order placement;
    (ii). “Order” means any order placed by you for the purchase of Products via  the Website;
    (iii). “Products” has the meaning given in clause 1(a) above;
    (iv). “Terms” means these Terms & Conditions; and
    (v). “Website” means www.cellarone.com.au and all associated pages owned and operated by Accolade Wines. 
 
4.Access to Website                                                                                                    
                                                                                           

(a) Your access to the Website may be suspended without notice in the case of system failure, maintenance, any reason beyond our control, or simply because we wish to do so.

(b) Except as expressly provided otherwise in these Terms, we reserve the right to change or discontinue any website, page, functionality, feature or service on the Website at any time.

(c) In order to access the Website, you must be of legal drinking age (i.e. the age you are legally permitted to buy and drink alcohol) in the country in which you access the Website. By accessing the Website, you warrant and represent to us that you are of legal drinking age in the country in which you are located.

5. Registration

(a) You must create an account in order to purchase Products on the Website.

(b) You must be at least 18 or older to create an account on the Website. By creating an account, you represent and warrant to us that you are at least 18 and the date of birth you have provided during the registration process is accurate.

(c) You may register for an account using your email address and nominating a password. You must treat your password as confidential and not share it with any other person.

(d) You must only have one active account at any one time. Your account is not transferable.

(e) You must ensure that the personal details (including your Delivery Address) you provide to us are accurate and kept up to date. You may update your details at any time through the Website.

(f) You:

    (i) must ensure that your account details (including your login and password that is used to access the Website) are kept in a safe and secure manner;

   (ii) must not use false or misleading information when registering your account details;

   (iii) must promptly advise us of any changes to your information provided to us as part of the sign-up process (including billing address, Delivery Address and phone number);

   (iv) must not allow any other person to use your account;

   (v) are responsible and liable for any person that uses your account to place an Order (notwithstanding the preceding paragraph); and

   (vi) agree that we may charge you for all Products that have been ordered from the Website using your account.

(g) You agree to provide us with current, complete and accurate details if we request information from you.

(h) Please see clause 19 for how we handle personal information that you provide us during the registration process.

(i) You are not permitted to purchase Products on this Website for resale or trade purposes. If you are wish to purchase Products for resale or business purposes, please contact us on customers@accoladewines.com.

6. Price 

(a) All prices given by us are effective as at the date on which the price is given and are subject to change in our discretion without notice to you.

(b) Unless otherwise specified, all prices are exclusive of any delivery costs (including freight, loading and insurance).

(c) Prices are inclusive of all applicable taxes and are represented in Australian dollars.

7. Orders

(a) You may place an Order on the Website, as follows:

    (i) Step 1 – Once you’ve found the product you want, you simply click 'add to cart', which automatically places the item in your Shopping Cart. You can change the quantity of items by clicking plus or minus under 'Quantity'.

   (ii) Step 2 – Enter the Shopping Cart and select ‘Proceed to Checkout’

   (iii) Step 3 – If you are an existing customer, log in to your account. If you are new customer, you must register for an account prior to placing an Order (please see clause 5 above).

   (iv) Step 4 – Place your order by selecting “Checkout” and making payment.

(b) Once you have placed an Order, you will receive an email from us acknowledging receipt of your Order. However, this does not mean your Order is accepted by us. Your Order will only be accepted by us once we email you confirming that the Products you Ordered have been dispatched. It is at this point that the contract between you and us for the sale and purchase of the Products in the Order will be formed and become binding. The contract formed includes these Terms.

(c) Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these Terms.

(d) We make every effort to ensure that the correct prices are displayed on our website. However, if we discover an error in the price of the products you have ordered before they are delivered to you, we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled and notify you accordingly.

(e) Please note our products are subject to availability. While we will try our best to ensure that the Website only displays products which are in stock, this can change quickly and there may be circumstances where a product you have Ordered is unavailable. If this occurs, we will notify you and you will have the opportunity to cancel your order (please see clause 9 below) or order a suitable replacement, otherwise we will notify you that we cannot accept your order.

(f) You agree to comply with all applicable laws and regulations relating to your use of the Website, your placement of any Order or the purchase of Products.

(g) We reserve the right to refuse service, suspend or terminate accounts and/or remove or edit content if we, acting reasonably, deem that you are acting in breach of these Terms or are using the Website in a fraudulent or improper manner. We also reserve the right to otherwise cancel Orders in accordance with clause 9.

(h) You may not purchase any Products through this Website for the purpose of resale. We may refuse to supply Products if multiple Orders are placed for large quantities of the same Product for the same billing or Delivery Address, or if we otherwise suspect that you intend to resell the Products.

8. Payment

(a) You can pay for your Order using debit card, credit card (Mastercard, American Express or Visa only) or PayPal.

(b) During the checkout process you will be asked for your payment details. By completing these details, you are authorising us to debt the amount that is payable for your Order (including delivery charges) from your nominated payment method. All card payments are subject to authorisation by your card issuer.

(c) You warrant and represent to us that you have authority to make payment with your nominated card or account. You must not pay for, or attempt to pay for, an Order through any fraudulent or unlawful means.

(d) You may also redeem points that you have earned under our Customer Loyalty Program to pay for your order (in full or in part). For further information, please see our Customer Loyalty Program terms and conditions at: https://cellar-one-au.myshopify.com/pages/c1-rewards-terms-and-conditions

(e) You may also pay for your order using eligible gift cards issued by us. Gift cards are subject to the terms and conditions issued with the gift card. Gift cards must be used prior to their expiry date. We will not replace lost, stolen or deleted gift cards. Gift cards are not reloadable or redeemable for cash.

9. Cancellation of an Order

(a) To the extent permitted by law, we may cancel any part of an Order for Products (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:

         (i) the Products in that Order are not available;

        (ii) there is an error in the price or the product description for the Products on the Website;

       (iii) the Order was placed in breach of these Terms;

       (iv) we determine that we are, or may be, unable to supply Products within a reasonable time or at all; or

        (v) the Products in that Order are subject to a recall or withdrawal.

(b) If we cancel any part of an Order, we will notify you of the cancellation, and will not charge you for the cancelled part of the Order.

(c) If any payment for a cancelled Order has been received by us, then: (i) for a wholly cancelled Order, the full payment amount; or (ii) for a partly cancelled Order, the amount paid in respect of the cancelled Products, will be refunded to your original payment method, or where we deem appropriate, through an alternative means.

10. Delivery

(a) Products will be delivered to the Delivery Address.

(b) You are responsible for ensuring the Delivery Address is complete and accurate. We have no liability whatsoever for any Products delivered to an address which has not been correctly recorded or updated by you on the Website.

(c) Any time or date stated by us for delivery of Products is an estimate only and you shall not be relieved of any obligation to accept the Products by reason of any delay.

(d) We will only deliver Products ordered through the Website to a location where our delivery service providers services. We only ship to addresses in Australia. We do not ship to PO boxes.

(e) You:

     (i) acknowledge and agree that any person at the Delivery Address who receives any Products is authorised by you to receive your Order;

    (ii) must ensure that the person authorised by you to receive your Order is over the required age to receive Products as prescribed by law or as otherwise set out in these Terms; and

   (iii) agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your Order through the Website.

(f) Unless you provide an express authorisation to leave Products at the Delivery Address unattended, you must ensure that a person over the legal age to purchase alcohol in your country is present to accept the delivery of your Order.

(g) You acknowledge that it is an offence for liquor to be delivered to a person under the age of 18 years, or for a person under the age of 18 years to purchase liquor.

(h) If the person accepting delivery of your Order cannot prove to the reasonable satisfaction of our delivery service provider that they are over the legal drinking age, or there is no person over the legal drinking age at the Delivery Address, our delivery service provider will not deliver the Products you have ordered. In these circumstances, our delivery service provider will contact you to provide an alternate means to receive your Order.

(i) If you authorise us to leave Products at the Delivery Address unattended, you:

       (i) accept the risk of theft or loss of the Products from the time the Products are delivered; and

      (ii) acknowledge that, notwithstanding your authorisation, the person delivering the Products has discretion whether to leave the Products at the Delivery Address.

(j) We may record all details relating to deliveries, including verification of the delivery. We will only use and disclose such records for reasonable purposes, such as for proof of delivery purposes, compliance with law and regulations, and business administration purposes.

11. Risk

(a) You agree that risk of loss of or damage to Products passes from us to you on delivery of those Products to the Delivery Address, including where the Delivery Address is unattended.

(b) To the extent permitted by law, we exclude all liability for lost, stolen or damaged Products delivered to an unattended location nominated by you and we can establish that the Products were delivered to that nominated unattended location.

12. Change of Mind Returns

(a) If you change your mind on a purchase, we will happily provide you with a refund or exchange provided that:

    (i) you notify us by email of your change of mind request within 14 days after the date that you have received the ordered Product

   (ii) the applicable Product has not been opened or damaged, and is in a re-saleable condition; and

   (iii) the ordered Product is in its original packaging (i.e. if the Product was delivered in a carton, the carton must be unopened).

(b) If you change your mind and would like to return for a refund or exchange in accordance with the above clause, please contact us on info@cellarone.com.au. Please reference your order number in the email.

(c) We will issue you with a refund for a Product or arrange for an exchange (as applicable), once the Product has been successfully returned by you to us. If you return a Product for change of mind, you are responsible for the costs of return delivery to us.

(d) Please note that any delivery fee incurred to deliver the Products from us to you will not be refunded if you return the Product for a change of mind.

(e) This clause only applies to returns where you have changed your mind. This clause does not limit any rights to return Products that you may have at law, including under the Australian Consumer Law.

13. Discounts and Promotions

(a) We may offer special promotions (such as discounts or offers) on certain Products from time to time.

(b) All promotions are subject to these Terms, and may also be subject to their own additional terms and conditions specified with the promotion.

(c) Promotions:

    (i) are only available the period of time specified (if no period of time is specified, the promotion is only available while it is advertised by us);

   (ii) are subject to Product availability;

  (iii) may not be used in conjunction with any other offers or promotions (unless specified otherwise); and

  (iv) are not redeemable for cash.

(d) Promotions cannot be redeemed in respect of an Order after the Order has been placed. Accordingly, please ensure that you claim any promotions prior to paying for your Order.

14. Customer Loyalty Program

(a) Please see our Customer Loyalty Program terms and conditions at: https://cellar-one-au.myshopify.com/pages/c1-rewards-terms-and-conditions

(b) We reserve the right to change our Customer Loyalty Program benefits, terms and conditions at any time.

15. Family and Friends Program

(a) Our Family and Friends Program is a referral program whereby:

     (i) you may invite your family members and friends to join the Website using a unique code or referral link;

    (ii) if that family member or friend joins via your referral link or code, you will receive a reward once that person has placed an Order.

(b) Our Family and Friends Program is designed for exactly that – family and friends. It is not intended to be broadcast to all members of the public. We may suspend and/or cancel your account if we reasonably suspect or become aware that you have shared your unique code or referral link in a manner that is not within the spirit of the Family and Friends Program.

(c) The benefit of the Family and Friends Program is capped at 100 referrals. Once you have exceeded 100 referrals, you will no longer be entitled to receive a reward for referrals.

16. Claims and Implied Terms

(a) We attempt to be as accurate as possible and use our best endeavours to ensure, but do not warrant, that any information provided on the Website, including in relation to Products, Product packaging and materials, is accurate, complete, reliable, current or error-free.

(b) It is your responsibility to verify Products received are in all respects in accordance with your Order and suitable for your intended use.

(c) You must notify us of any claim for incorrect supply of Products within 7 days of receipt of the Products. Within 14 days thereafter, you must provide full particulars and substantiation of the claim in writing to us. To the extent permitted by law, any claim which you do not notify or substantiate within the applicable timeframes above (time being of the essence) shall be deemed to have been absolutely waived.

(d) Subject to clause 16(f), to the fullest extent permitted by law:

     (i) we do not warrant the accuracy or completeness of the Website or its content, and the Website and its content is provided on an ‘as is’ basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk; and

    (ii) we do not warrant that your access to the Website or any part of it will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system.

(e) Subject to clause 16(f), all conditions and warranties in respect of the Products are hereby expressly excluded to the full extent permitted by law.

(f) Certain legislation, including the Competition and Consumer Law Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to the Products being of merchantable quality or fit for purpose for which they were supplied to you. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in these Terms and to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to:

   (i) in the case of Products, at our option:

       a. the replacement of the Products or the supply of equivalent Products;

       b. the repair of the Products;

       c. the payment of the cost of replacing the Products or of acquiring equivalent Products; or

       d. the payment of the cost of having the Products repaired; or

  (ii) in the case of services, at our option:

       a. the supply of the services again; or

       b. the payment of the cost of having the services supplied again.

(g) Other than as set out in clause 15(f) above and to the extent permitted by law, we will not be liable for any claims arising out of your use of the Products or in connection with your access to and use of the Website and related services whether arising in contract, tort (but excluding claims in respect of our negligence), indemnity, strict liability, breach of warranty or statute, unless such loss arises as a result of our negligence or wilful misconduct.

(h) Our liability 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.

17. Indirect loss

(a) So far as the law permits, we shall not be liable in any way whatsoever for any loss of profit or indirect or consequential loss suffered by you or any third party in connection with this agreement.

18. Performance and Representations

(a) The parties acknowledge that there have been no representations or conduct giving rise to any understanding other than what has been expressly recorded in writing. The parties agree that it is not reasonable for them (and they will not) rely on any representation or conduct that is not acknowledged in writing.

19. Privacy and cookies

(a) We collect your personal information when you use our Website, including when you register as a member of the Website and when you place an Order.

(b) We handle any personal information that you provide us in accordance with our Privacy Policy. Our Privacy Policy provides details of how we collect, use and disclose personal information, how you can access your personal information or raise a complaint about the management of your personal information.

(c) If you provide us with personal information about a third party, you represent, and we collect it on the basis that, you have that person’s consent for us to collect and handle their personal information in accordance with our Privacy Policy.

(d) We use cookies to improve your experience on the Website and to show you personalised advertising. We store cookies for 30 days. To find out more, please see our Privacy Policy.

(e) By registering for an account, you consent to receiving promotional and marketing communications from us and our related bodies corporate regarding our respective products, services and special offers.

20. Intellectual Property Rights

(a) We are the owner or licensee of all intellectual property rights in the Website (including in all underlying source code) and in the content of the Website (including all test, trade marks, logos, sounds, images, graphics and videos).

(b) Except as expressly provided otherwise in the Terms, you do not have any right, title or interest in or right of use of any content or material on the Website.

(c) You may view content or print a copy of material on this Website for your personal, non-commercial use, provided that you do not modify the content in any way.

(d) You must not otherwise copy, adapt, reproduce, publish or distribute content found on this Website in any form without prior written permission from us (unless otherwise permitted under any applicable law in your location). You must not frame any of the content of the Website or incorporate it into another Website.

(e) You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

21 Third party content and links

(a) This Website may include links to third party websites. Such links do not indicate a relationship between those parties and us, nor endorsements by us of such third parties, their products, services or websites. We accept no responsibility for your use of any third party websites. Use of such links is entirely at your own risk and is subject to the terms and conditions of those third party websites.

(b) The payment gateways (if any) integrated into the purchase process made available through this Website are maintained or developed by third party service providers. Your use of such services is subject to the terms and conditions of use maintained by such third parties and we are not responsible to you for your use of their payment gateway services. You acknowledge that we have no responsibility for and are not liable in relation to any information provided to or via the payment gateway.

22 Use of the Website

(a) You agree to comply with all applicable laws and regulations relating to your use of the Website, your placement of any Order or the purchase of Products.

(b) You agree not to use the Website for any purpose that is fraudulent, unlawful or otherwise prohibited by these Terms.

(c) You acknowledge that no data transmitted over the internet is secure, and we do not warrant, and cannot ensure, the security of your data. You transmit data using the Website entirely at your own risk.

(d) You must comply with the terms of our Acceptable Use Policy when using the Website.

(e) You must not, without our prior written consent:

    (i) use (or attempt to use) the Website to upload, post, transmit or otherwise make available any material that, in our opinion:

        a. violates or infringes the intellectual property rights or other rights of another person;

        b. is defamatory, offensive, threatening, abusive or otherwise unlawful,

        c. includes personal information of another person unless you have their consent;

        d. poses a privacy or security risk to any person;

        e. you know or suspect to be false, misleading or deceptive;

        f. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

        g. interferes with, disrupts, or creates an undue burden on the Website or any systems, or networks connected to the Website; or

        h. uses any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the     navigational structure, security or presentation of the Website or any content on it;

  (ii) copy, store, alter, reproduce, republish, upload, post, display, transmit or distribute any part of the Website for any commercial enterprise or use;

 (iii) frame or mirror any part of the Website;

 (iv) use code or other devices containing any reference to the Website to direct other persons to any other web page;

 (v) attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers (including by hacking, password mining or any other illegitimate means);

 (vi) probe, scan or test the vulnerability of the Website or any network connected to the Website;

 (vii) breach the security or authentication measures on the Website or any network connected to the Website;

 (viii) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website to its source;

 (ix) use any device, software or method to interfere with the proper working of the Website, any transaction being conducted on the Website or with any other person’s use of the Website; or

 (x) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website.

23. Miscellaneous

(a) These Terms are subject to the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the Courts of South Australia.

(b) The rights and obligations of the parties will not merge on completion of any transaction under these Terms.

(c) Any waiver by us under these Terms must be in writing and signed by us. No failure, delay or the like by us shall affect our legal rights under these Terms.

(d) We may amend these Terms from time to time by posting the changes on our Website. You will be subject to these Terms and all applicable policies that are available on the Website as they exist at the time that you order Products from us.

(e) If any of provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining condition.