Part A – Terms of Use for Website
These terms of use (Terms) govern your use of http://myprivatecellar.com.au and all related sites,including all copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content). Please read these Terms carefully. BY USING THE WEBSITE YOU ARE AGREEING TO THESE TERMS. You must not use the Website if you do not agree with these Terms.
1. Ownership
The Website and all Content is operated and owned by My Private Cellar
2. Use of Website
You may only use the Website and the Content on the Website for personal, non-commercial purposes unless My Private Cellar provides express written consent.
You must not:
by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;
breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
interfere with any other persons use or enjoyment of the Website;
post, or transmit to the Website any abusive, obscene, defamatory, or otherwise inappropriate material;
use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the Website, or to reproduce or separately store or use such Content;
use the Website or any Content in any way that is unlawful, illegal or breaches the rights of My Private Cellar or any third party; and
use the Website in any way that otherwise breaches these Terms.
In addition to these Terms, My Private Cellar Privacy policy applies to the Use of the Website and various parts of the Website are subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.
3. Third Party Websites
The Website contains links to other web sites controlled by third parties (Third Party Websites). My Private Cellar is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites. My Private Cellar makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.
4. Product Reviews
The Website may allow you to provide personal comments on selected products. In doing so:
your comments must reflect your genuinely held opinion of the product;
your comments must not be obscene, abusive, illegal, threatening, defamatory, objectionable, invasive of privacy, injurious to third parties or be misleading as to the origin of the content;
your comments must not infringe the intellectual property rights of a third party;
you must not use a false email address or impersonate any person or entity; and
you acknowledge that we may remove or edit your comments.
If you provide comment on a product, you grant My Private Cellar and relevant third parties the right to use and display your comments for any purpose in relation to the product throughout the world.
5. Intellectual Property
All Content on the Website is owned, controlled by, or licensed to My Private Cellar. Except for viewing the Content for your own personal non-commercial use, My Private Cellar does not grant you any rights to use the Website or Content for any other purpose unless it expressly consents in writing.
6. Limitation of Liability
My Private Cellar does not warrant or guarantee:
the accuracy or completeness of any information available on the Website;
that access to the Website will be uninterrupted or error free;
that any defects will be corrected immediately; or
that the Website will be free from viruses or other contamination.
Except where prohibited by law,My Private Cellar will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk. Nothing in these Terms limits your rights under Australian Consumer Law.
7. Termination of Use
You may stop using the Website at any time for any reason.
My Private Cellar reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.
My Private Cellar may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. My Private Cellar reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.
8. Variation to Terms
My Private Cellar may vary these Terms at any time, and by continuing to use the Website you consent to any variations. My Private Cellar will not notify you of these variations and it is your responsibility to regularly check these Terms for any variations.
9. Governing Law
These Terms are governed by the laws of QLD in Australia, and any dispute in relation to these Terms or your access or use of the Website will be the exclusive jurisdiction of the Courts of QLD.
10. Miscellaneous
If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force.
Any failure by My Private Cellar to act or enforce these Terms immediately will not be considered a waiver of My Private Cellars right to take any such action.
Part B – Customer Agreement
This Agreement is a contract between you and My Private Cellar. It sets out how you can purchase goods online from My Private Cellar By completing the customer application process and purchasing goods online from My Private Cellar, you are bound by this Agreement.
1. INTERPRETATION
In these Terms:
Agreement is an agreement between you and My Private Cellar to supply the Goods, and consists of the Order and these Terms,
Delivery Fee is the address where the Goods are to be delivered as stated on the Order,
Delivery Fee is the fee payable to for delivery of the Goods to your Delivery Address and handling and other costs associated with processing your Order, including Fees and conditions may vary depending on your location and the delivery option you select.
Goods are items in an Order, and include packaging,
Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information,
Licensed Premises means the licensed premises as per each liquor licence and outlined here, and referred to jointly and severally as the context requires,
Order(s) is an order(s) by you to purchase the Goods from My Private Cellar and includes any order made using the Website, by telephone to My Private Cellar
Personal Details includes your name, the Delivery Address and payment details,
Product List is the list of Goods displayed on the Website,
Terms means these terms, and any additions or variations, and
Website includes without limitation www.mtprivatecellar.com.au
2. THE AGREEMENT
An Agreement exists between you and My Private Cellar once My Private Cellar receives and accepts an Order at the relevant Licensed Premises, and My Private Cellar has no obligation to supply the Goods until the Order has been accepted. Each Order may be accepted by My Private Cellar at its absolute discretion and My Private Cellar expressly reserves the right to limit sales to reasonable quantities as determined at the sole discretion of My Private Cellar. Each Order generates a separate Agreement. Persons under 18 years of age are not permitted to place an Order.
3. CUSTOMER APPLICATION
Accurate information: Information provided by you in the Order must be accurate and complete. You must inform My Private Cellar if there’s a change to your details.
Delivery area: Orders for delivery to addresses that are not in the My Private Cellar delivery area cannot be processed. We’ll let you know if your Delivery Address is not in an area where My Private Cellar delivers Goods for any delivery option.
Date of birth: Your date of birth may be required by relevant State or Territory liquor licensing laws. You are required to provide this information truthfully at the time of registration or placing your Order.
Business Customers: Customers wishing to set up a business account can email My Private Cellar. Business customers will be bound by these Terms, but will also be bound by the additional terms specific to business customers that will be provided at the time of setting up a business account. My Private Cellar does not wholesale products, or supply products for resale or a retail purpose.
4. ORDERS, DELIVERY AND COLLECTION OF GOODS
Age: It is against the law for My Private Cellar or you to sell or supply liquor to, or obtain liquor on behalf of, a person under the age of 18 years. In placing the Order, you warrant to My Private Cellar that:
a. You are over the age of 18 years and will produce evidence of age to the satisfaction of My Private Cellar when requested at the time of delivery,
b. Any person that you are obtaining the Goods for, or supply the Goods to, is over the age of 18 years, and
c. You will not take or supply any part of your Order to any liquor-restricted area or community.
Changes to or cancellations of Orders: If you need to make changes to or cancel your Order, contact us on 1300 and we can discuss options with you. We may also cancel the whole or part of your Order before delivery if your Order is in breach of this Agreement or the law.
Delivery:My Private Cellar will deliver the Goods to you at the Delivery Address. While we will make our best effort to deliver within the time agreed with you, events beyond our reasonable control may occur from time to time which means that these delivery times may not be met. If this occurs, we will endeavor to contact you to arrange an alternative delivery time.
My Private Cellar will not commit to delivery beyond the front door of your home or office building. Front door means the front door or a point beyond which entry into the interior of the building occurs. If you request My Private Cellar to deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless My Private Cellar (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door. Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
While within our checkout you may be able to request that your delivery is left unattended if no-one is home, our carrier partners reserve the right to not complete deliveries and leave collection notification. This may be through orders not limited to;
– Driver concern of minors present in local vicinity
– Inability for recipient to present adequate proof of age
– Unclear instructions authorising delivery to be left unattended and in a safe place
Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by My Private Cellar to be authorised to receive the Goods. If the Order includes tobacco, liquor or other products where theres a minimum age required to purchase, you must ensure that a person over the age of 18 years is available to accept these Goods. Delivery of liquor will be subject to liquor licensing requirements and will not be made to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or deemed to be unsuitable. If the Order contains liquor or tobacco products, My Private Cellar may request evidence that the person collecting the Order is 18 years or older. If the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age, or we believe that they are acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they are under 18 years of age), My Private Cellar may refuse to deliver the Goods. My Private Cellar may refuse to provide liquor to a person who is intoxicated or disorderly.
Additional delivery fee: If there is no one at the Delivery Address or no one of appropriate age and suitability to receive, sign and pay for the Order when the Goods are delivered, the Goods will not be left at the Delivery Address. Where this occurs, we will endeavor to contact you to discuss options for re-delivery and an additional delivery fee may apply.
Minimum order value: We reserve the right to set a minimum order value.
Order limits:Limits apply to all Orders as follows:
Type
Limits
Delivery
60 units per wine, 5 cartons per beer, cider or pre-mixed drinks, 12 units per spirit
Product availability: Due to liquor licensing restrictions certain Goods will not be available for sale in some areas including Northern Territory, South Hedland, Broome, Kununurra, Tom Price and Kalgoorlie. My Private Cellar reserves the right not to sell certain Goods to any person to which, or in any location where, the sale of certain Goods is restricted or prohibited whether by law or otherwise.
Additional services: From time to time, My Private Cellar may offer you additional services including, but not limited to, party plan services. You acknowledge that all terms and conditions of such additional services shall apply and form part of these Terms. You acknowledge that My Private Cellar is not making and has not made any warranty or representation as to the additional services or the suitability of the additional services to you, other than any warranty or representations that cannot be excluded by law. To the maximum extent permitted by law, all other warranties and representations are excluded.
1. RISK AND TITLE IN THE GOODS
Risk in the Goods passes to you upon delivery at the Delivery Address. Title in the Goods passes to you upon cleared payment in full by you to My Private Cellar
2. RETURNS AND REFUNDS
You can return the Goods or make a claim for a refund if:
a. you believe that Goods we charged you for were not provided, or
b. there is a fault or defect with the Goods you have purchased.
Any returned Goods will be refunded using the same method of payment and price as the original transaction and must:
a. be returned within 28 days of purchase,
b. be unopened,
c. be in a re-saleable condition, and
d. where purchased in carton form, be returned as full cartons.
Call us on 1300 and a customer service representative will assess your request to return the Goods or arrange a refund of the purchase price or for the Goods to be collected. Goods may be accepted for return at the absolute discretion of My Private Cellar For all returns and refunds, you must provide evidence of purchase.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this section 6, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You’re 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.
3. PRICE OF GOODS AND PAYMENT
Delivery Fee:If required by My Private Cellar, you must pay the Delivery Fee for each Order with My Private Cellar You acknowledge that the Delivery Fee may not be refundable.
Specials:My Private Cellar offers many catalogue specials and exclusive online specials, but please be aware some specials may not be available online at My Private Cellar or in all areas.
Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and as appears on the Order confirmation, except:
a. if a Good is out of stock, in which case you won’t be charged for that Good,
b. where you have accepted to substitute Goods, My Private Cellar may substitute the Goods and you will be charged at the lower of the original or the substitute price at the time the substitute Good is processed for your Order, and
c. if you modify your Order, in which case all prices will update to the then-current prices.
Pricing and product information errors: My Private Cellar reserves the right to amend any pricing or product information errors displayed due to human error, computer malfunction or other reason. My Private Cellar will notify you if it becomes aware of any error in pricing or material error in product information and you may elect to not purchase any Goods where the price or product information has been corrected.
a. All prices are Australian dollars and are inclusive of GST.
b. Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated once your delivery details are provided in the checkout.
c. Product prices for products listed on the website are applicable to online purchases through only. Product prices listed may vary from prices within My Private Cellar retail stores.
d. Promotional offers and prices are as stated, with no further discounts available.
e. Bundle Buy Save Value is based on regular shelf prices of individual bottles.
f. Prices are subject to variation – all current prices are displayed with the product.
Tax invoice: Before or upon delivery of the Goods, well provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.
Method of payment: You shall pay for the Goods at the time of purchase or when your Order is dispatched. You may use your credit card (Mastercard, Visa, American Express, Diners and Coles Group Card). My Private Cellar may accept cheques at its sole discretion. My Private Cellar will accept cash payment when your Order is placed in-store.
4. OUT OF STOCKS AND SUBSTITUTION
My Private Cellar does not provide rain checks on Goods ordered by you. If the items you have ordered are out of stock My Private Cellar customer service will endeavor to contact you to offer a substitution of goods. If you are unhappy with the offered substitution we will cancel the order and complete a refund.
5. PACKAGING AND LABELLING OF GOODS
My Private Cellar aims to provide up-to-date pictures and details of the Goods on the Website. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. My Private Cellar does not warrant the accuracy of the information contained on the Website, any descriptions or pictures, and recommends that you read labels carefully before consuming Goods.
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that My Private Cellar or its related corporations own or are licensed to use all Intellectual Property Rights in My Private Cellar, including any images, photographs or text that appears on the Website. You must not make any representation to the contrary and you must not use or copy My Private Cellar in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Website are owned by or licensed to My Private Cellar or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.
7. LIABILITY
7.1 My Private Cellar will use reasonable care and skill in fulfilling the Orders.
7.2 We are responsible for loss suffered by you as a result of:
a. our negligence if it causes personal injury or death, or
b. a serious breach of this Agreement by us, if that loss was reasonably foreseeable at the time.
7.3 Subject to clause 7.2 and to the extent permitted by law, you release and discharge My Private Cellar and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss of damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with My Private Cellar or this Agreement (including the installation, downloading, use or performance of any software related to the Website).
7.4 Provided that it is fair and reasonable to do so, any liability by My Private Cellarr resulting from a breach of warranty (express or implied) will be limited as follows:
a. If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods, or
b. If the breach relates to services, to the re-supply of the services or the cost of having the services supplied again.
7.5 The limitations in clause
7.6 do not apply to any condition or warranty implied by legislation that does not permit the liability of My Private Cellar to be limited.
8. USE OF THE WEBSITE
You may only use the Website for personal, non-commercial purposes unless My Private Cellar provides express written consent to the contrary. Your use of the Website is governed by the terms of use for Website which can be viewed at Part A – Terms of Use for Website.
9. USERNAME AND PASSWORD
You are responsible for the safekeeping of your user name and password. You are liable if your account is misused by an unauthorised person.
10. NOTIFICATION OF CHANGES
My Private Cellar may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 17. Any Order placed by you after notice will constitute your deemed acceptance of such changes.
11. PRIVACY AND SECURITY
For details on My Private Cellar commitment to your privacy, please refer to our Privacy Policy.
12. TERMINATION
My Private Cellar may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 17) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. My Private Cellar may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders at My Private Cellar at any time.
13. NOTICES
My Private Cellar may give notice to you by email, conventional mail or notice on the Website. You may give notice to My Private Cellar by email
14. SEVERABILITY
Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
15. LAWS
The laws of QLD govern this Agreement.
