These Terms and Conditions of Sale apply to any order made by you for the purchase of Goods (Order) placed with Accolade Wines Australia Limited (ABN 86 008 273 907) trading as Accolade Wines (Accolade) and together with the Order, constitute a contract between you and Accolade (Contract). By making a purchase via the Cellar One website you agree to be bound by these Terms and Conditions of Sale as amended from time to time. The Contract is deemed to be accepted by us unless rejected by written notice to you.
1. DEFINITIONS: In these Terms and Conditions of Sale payable in relation to an amount means an amount which is currently payable or will or may be payable in the future. person includes firm, partnership, committee, and incorporated and unincorporated bodies. we, us or our means Cellar One or Accolade Wines Australia Limited ABN 86 008 273 907 trading as Accolade Wines and its successors and assigns. customer means the person or persons who placed the Order and if there are more than one, means each of them separately and every two or more of them jointly. Goods means all products supplied by us to the customer under any contract or arrangement between us and the customer. GST has the meaning given to it in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended or replaced (GST Act). document means these Terms and Conditions of Sale. The singular includes the plural and vice versa. A reference to any thing includes the whole or each part of it.
2. PRICE: All prices given by us are effective as at the date on which the price is given and are subject to alteration without notice to the customer. Unless otherwise specified, all prices are inclusive of any delivery costs (including freight, loading and insurance) and GST.
3. CHANGE IN PARTICULARS AND DELIVERY: The customer agrees that it must promptly notify us of any change to its address or contact phone numbers. Goods will be delivered to the billing address as notified by you at the time of Order placement. We have no liability whatsoever for any Goods delivered to an address which has not been correctly recorded or updated by you on the Cellar One website. Any time or date stated by us for availability of Goods is an estimate only and the customer shall not be relieved of any obligation to accept the Goods by reason of any delay. If we determine that we are or may be unable to supply within a reasonable time or at all the Contract may be cancelled by us and in that event the customer shall have no claim against us whatsoever.
4. CLAIMS & IMPLED TERMS: It is the responsibility of the customer to verify Goods received are in all respects in accordance with the customer’s order and suitable for intended use. Any claim for incorrect supply of Goods must be notified by the customer to us within 7 days of receipt of the goods. Within 14 days thereafter full particulars and substantiation of the claim must be made by the customer in writing to us. Any claim which the customer does not notify or substantiate within such time (time being of the essence) shall be deemed to have been absolutely waived. All conditions and warranties are hereby expressly excluded to the full extent permitted by law. Certain legislation, including the Competition and Consumer Law Act 2010 (Cth), may imply warranties or conditions or impose obligations upon Accolade Wines 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 Goods being of merchantable quality or fit for purpose for which they were supplied to you. These Terms and Conditions of Sale must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in these Terms and Conditions of Sale and to the extent to which Accolade Wines is entitled to do so, Accolade Wines limits its liability in respect of any claim under those provisions to, in the case of Goods, at Accolade Wines option: the replacement of the Goods or the supply of equivalent Goods; the repair of the Goods; the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or the payment of the cost of having the Goods repaired. Other than as set out above, Accolade Wines will not be responsible for any claims arising out of or in connection with your access to and use of the Cellar One website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.
5. INDIRECT LOSS: 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 including but not limited to any such loss because of delay, defect, fault, failure, negligence or any act, matter or thing done or not done by us.
6. RISK: You agree that risk of loss of or damage to Goods appropriated to your order passes on delivery of those Goods 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).
Accolade Wines excludes all liability for lost, stolen or damaged Goods delivered to an unattended location where you have requested that Goods be delivered to an unattended location and Accolade Wines can establish that the Goods have been delivered to the nominated location.
7. PERFORMANCE & REPRESENTATIONS: The customer acknowledges there have been no representations or conduct giving rise to any understanding other than have been expressly recorded in writing. The customer agrees that it is not reasonable for it to (and it will not) rely on any representation or conduct that is not acknowledged in writing.
8. WAIVER: Any waiver by us under this document must be in writing and signed by us. No failure, delay or the like by us shall affect our legal rights under this document.
9. MISCELLANEOUS: This document is subject to the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the Courts of that place. The rights and obligations of the parties will not merge on completion of any transaction under these terms and conditions. We may amend these terms and conditions by updating the Cellar One website from time to time.