Conditions of Use

This is the home site of Stocked Cellar Pty Ltd ABN 72 617 084 894 (“Stocked Cellar”). These Conditions of Use (“Conditions”) govern the use of this and any other Stocked Cellar websites and online stores. This includes but is not limited to any other site that may from time to time be published by Stocked Cellar, including but not limited to websites specifically tailored for access by mobile devices (“the Web Sites”).

1) Acceptance of these conditions

By accessing and using the Web Sites, you are deemed to have agreed to the Conditions in their entirety. The Conditions may be varied from time to time by Stocked Cellar, and you are deemed to have accepted any variation once it is placed on the Web Sites. You should check the site regularly to view the latest version of the Conditions.

2) The Web Sites Content

Copyright in all materials appearing on the Web Sites is, except where noted to the contrary, the property of Stocked Cellar and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or for any purpose expressly permitted by Stocked Cellar.

You agree and acknowledge that you shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or proprietary rights.

Stocked Cellar does not represent that any information (including any file) obtained from or through the Web Sites is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. You agree that the entire risk arising out of installation, downloading, use or performance of the Stocked Cellar Web Sites and material from them remains with you. Stocked Cellar is not liable to you for any loss or damage in relation to any such virus, fault or defect. You also waive any and all claims that you may have against Stocked Cellar otherwise arising out of or in connection with your use of the Web Sites

The content of the Web Sites is for general use only. It is subject to change without notice.

Stocked Cellar does not provide any warranty or guarantee as to the accuracy, quality or completeness of the information and materials found on the Web Sites for any particular purpose.

Use of any information or materials on the service is entirely at your own risk, for which Stocked Cellar shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the service meet your specific requirements.

Any information or material placed on the Web Sites by users, including ratings, reviews, advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Stocked Cellar.

3) Privacy

Stocked Cellar is committed to maintaining the privacy of your personal information. We will adhere to the National Privacy Principles (NPPs) when collecting, using, disclosing, securing and providing access to personal information.

We endeavour to take all reasonable steps to protect your personal data, but cannot guarantee the security of any data you disclose online. By supplying us with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold Stocked Cellar responsible for any breach of security unless we have been negligent or in wilful default of our duties to you.

Individuals have a right to request access to personal information that we hold about them. If you believe that your personal information we hold about you is not accurate, you may request that we correct it.

Stocked Cellar’s full Privacy policy can be found by clicking on the link at the bottom of each page.

4) Use of the Web Sites

You must be of legal drinking age to access the Web Sites.

By using the Web Sites you may:

• view the Web Sites;
• make a printed copy; and/or
• download part or all of the Web Sites onto the local hard drive of the computer used to access this site, only for the purposes of personal use, information, research, or study.

Other than as set out directly above, you must not reproduce, copy or download any information on the Web Sites, without Stocked Cellar’ express written permission.

You must not use the Web Sites for any illegal purposes or in a way which is inconsistent with the Conditions. Such purposes include but are not limited to any obscene or offensive language or any material that is false, defamatory, abusive, harassing or hateful.

You access and use the Web Sites at your own risk.

5) Ownership of material on the Web Sites

You acknowledge that all material on the Web Sites is owned by Stocked Cellar, or used by Stocked Cellar under licence from third parties. You must not do anything which is inconsistent with these rights of ownership.

In particular, certain trademarks, logos and images (collectively “Images”) appear on the Web Sites. These Images belong to Stocked Cellar or third parties to Stocked Cellar and are protected by relevant intellectual property laws. Nothing in the Web Sites shall be taken to grant a user any license or right of use or any Images without the express written permission of the owners of those Images.

6) Links

You acknowledge that any links to third party websites found on the Web Sites are provided purely for your convenience. The provision of any links shall not be taken as any form of endorsement of third-party websites by Stocked Cellar.

As Stocked Cellar does not own third party websites, it is not responsible for the content, access, reliability, function or condition of third party websites nor is Stocked Cellar liable for any goods and services you may order through third party websites. You access and use third-party websites via the Stocked Cellar Web Sites at your own risk.

7) Disclaimer and Exclusion of liability for use of the Web Sites

To the fullest extent possible under the law, Stocked Cellar excludes all implied conditions and warranties in connection with the use of the website or material appearing on the website. Stocked Cellar does not, however, exclude liability which cannot be excluded under the Australian Consumer Law (Cth) or similar state or territory legislation.

In particular:

1. Whilst Stocked Cellar endeavours to ensure that information on the website is current and up to date, Stocked Cellar makes no representations and gives no warranties regarding the accuracy, completeness or reliability of any material on the website.
2. Stocked Cellar gives no warranties or guarantees regarding access to or functionality of the web sites and accepts no responsibility or liability for any delays or faults in the operation, function or access to the web site.
3. Stocked Cellar gives no warranty that the web sites are free of viruses, or anything else that may interfere with or cause damage to your computer systems. You should take whatever steps are required to protect your own equipment from any potential damage. Furthermore, Stocked Cellar accepts no liability for any loss, damage, harm or claims, howsoever arising, whether direct, indirect or consequential and whether or not due to Stocked Cellar’ negligence, arising out of or in connection with your use of the web sites or the material appearing on them.

8) Indemnity

You agree to indemnify Stocked Cellar and to hold it harmless against all claims, losses, actions, proceedings, cost and damages arising from

1. any breach of the Conditions by you;
2. any reliance by you on any material or information obtained through the Stocked Cellar websites (whether or not the material is obtained via links);
3. your access to and/or use of the Stocked Cellar websites.

9) Confidentiality

Stocked Cellar reserves the right to disclose information regarding users of the Stocked Cellar service to third parties, provided that the information will not specifically identify you or any personal information supplied by you. We will never sell or trade your personal information to third parties.

10) Notices

Stocked Cellar may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.

11) Use of the Stocked Cellar Online Store

The agreement between you and Stocked Cellar for the supply of wine or other goods (“Goods”) purchased from the online store (“the Agreement”) is deemed only to come into existence when Stocked Cellar accepts your order. No obligation to sell the goods will arise until such acceptance. Each order you place will amount to a separate Agreement.

Liquor Licensing & Responsible Service of Alcohol

At Stocked Cellar, we recommend that wine lovers enjoy our wines responsibly. Wine is best when enjoyed in moderation. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. If we have reason to believe that a person ordering wine is not 18 years of age or older, we reserve the right to refuse or cancel the order.

If you purchase products from Stocked Cellar, you warrant to us that:

• you are over the age of 18 years; and
• any person that you are obtaining the products for, or supply the products to, is over the age of 18 years

Stocked Cellar operates under Liquor License: 36141511

Creating an Account for the Stocked Cellar Online Store

The Stocked Cellar online store may offer a registration facility for users who wish to create an account on the site. This provides our registered customers with a faster checkout. As a registered user, you will be able to edit these details. We will not store your credit card details. If you choose not to input the details required by the site, you won’t be able to use this facility.

When you register, you will nominate a password. You are responsible to maintain the confidentiality of your password, and for all activities that occur using your password, including in relation to your personal information. You should immediately notify us of any unauthorised use of your logon or password or any other breach of security of which you become aware.

You agree that you will only register one account as a user. Instances of multiple accounts per user will result in the additional accounts being closed, and any credits attached to that account will be cancelled. Such cancellation will not extinguish or remove any obligations or liability that had already been incurred through the use of the additional account prior to the cancellation.

Security

The privacy and security of your information are important to us. All credit card information is encrypted during transmission. You will always be able to identify a secure website when you can see a small padlock icon that appears either at the bottom of your browser or in the address bar at the top of the screen. No credit card information is stored on this site. All payment processing is provided by the Stripe Gateway which is fully PCI DSS compliant. PCI DSS (Payment Card Industry Data Security Standard) is a set of standards created by card issuers such as Visa and MasterCard to ensure the security of credit card details online. This standard has been created to assist in ensuring that sensitive customer data remains secure at all times. We will never sell, trade or rent your personal information.

Online Store Content

It’s our aim to keep the website as up to date as possible, however, we can’t guarantee the content. Any images, specifications or information particulars published on the website in connection with wines or merchandise are provided for identification only and are subject to change without notice.

Deliveries and Unattended Deliveries

Deliveries will be made to an address nominated by you which must be communicated to Stocked Cellar (“the Nominated Address”).

Anyone at the Nominated Address who receives the goods shall be presumed by Stocked Cellar to be an authorised person to receive the goods and it your responsibility to ensure the authorised person who is over the age of 18 (“Authorised Person”) is present at the Nominal Address at the time of delivery.

Delivery will be deemed to have taken place when the Goods are delivered to the Nominated Address (“Delivery”).

Delivery of the Goods to a third party nominated by you is deemed to be delivered to you for the purposes of this agreement.

At Stocked Cellar’s sole discretion the costs of delivery may be in addition to the Price.

Stocked Cellar shall not be liable for any loss or damage whatsoever due to failure by Stocked Cellar to deliver the Goods (or any of them) promptly or at all due to circumstances beyond the control of Stocked Cellar, nor shall such delay entitle you to consider this Agreement repudiated.

We currently deliver to all metropolitan areas around Australia excluding the Northern Territory. Should you require delivery outside of these areas, please contact Stocked Cellar directly to discuss delivery and relevant costing’s.

Timing

We know that you will be eagerly awaiting the arrival of your Stocked Cellar, and we will endeavour to get them to you as quickly as possible. Orders usually arrive 10-14 days after purchase. If you would like to arrange express delivery, please contact Stocked Cellar directly.

While Stocked Cellar will use all reasonable endeavours to deliver by any agreed date, it does not guarantee delivery on that date and is not liable for any loss resulting from an alternative delivery date.

Product availability

All products are ‘while stocks last’. If a product ordered is out of stock, we will offer you an alternative, or issue a full refund.

All specials, promotions, clearances, offers and discounted items advertised on the Stocked Cellar website are available only while stocks last unless otherwise advertised.

Pricing & Promotions

The product, prices and promotions offered on our online store only apply to Australia and are subject to change. The prices are all shown in Australian dollars inclusive of GST. Prices will either be per bottle or per case as stated. Delivery charges are shown separately and are not included in the displayed product pricing.

Stocked Cellar’s prices are subject to variation – the price payable for the goods is the price applicable on the date when Stocked Cellar confirms your order.

GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

Payment

We currently accept Master Card, Visa, American Express and Direct Deposit. If the issuer of the card or the owner of the account does not authorise the transaction or later revokes authorisation for the transaction, Stocked Cellar reserves the right to cancel the order. Stocked Cellar will not be liable for any payment transactions which are later identified as unauthorised.

By using the store you warrant that any banking details provided by you are true and correct and that you are authorised to charge the relevant payment to that account. If payment is made via credit or debit card, you warrant that card details provided by you are true and correct and that you are authorised to charge the relevant payment to that card. You must indemnify Stocked Cellar from and against any loss or damage, it suffers in connection with a breach of this warranty.

Risk

If Stocked Cellar retains ownership of the Goods nonetheless, all risk for the Goods passes to the purchaser on Delivery.

If any of the goods are damaged or destroyed following Delivery but prior to ownership passing to you, Stocked Cellar is entitled to receive all insurance proceeds payable for the goods. The production of these conditions by Stocked Cellar is sufficient evidence of Stocked Cellar’s rights to receive the insurance proceeds without the need for any person dealing with Stocked Cellar to make further enquiries.

Where you expressly request Stocked Cellar to leave Goods outside Stocked Cellar’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at your sole risk and it shall be your responsibility to ensure the Goods are insured adequately or at all.

You acknowledge that all wines are susceptible to change and expiration when kept under improper and/or unreasonable conditions. Such conditions include, but are not limited to, extreme heat, extreme cold or direct sunlight. Stocked Cellar shall not accept any liability for accidents due to inappropriate wine selection, maintenance or carelessness.

Title

You and Stocked Cellar agree that ownership of the Goods shall not pass until:

• You have paid Stocked Cellar all amounts owing to the particular Goods; and
• You have met all other obligations due by you to Stocked Cellar in respect of all contracts and agreements between you and Stocked Cellar; and
• When the goods have been Delivered.

Receipt by Stocked Cellar of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Stocked Cellar’s ownership or rights in respect of the Goods shall continue.

It is further agreed that:

• Until such time as ownership of the Goods shall pass from Stocked Cellar to you, Stocked Cellar may give notice in writing to you to return the Goods or any of them to Stocked Cellar. Upon such notice you right to obtain ownership or any other interest in the Goods shall cease; and
• Stocked Cellar shall have the right of stopping the Goods in transit whether or not delivery has been made; and
• If you fail to return the Goods to Stocked Cellar then Stocked Cellar or Stocked Cellar’s agent may(as the invitee of yourself) enter upon and into land and premises owned, occupied or used by you or any premises where the Goods are situated and take possession of the Goods; and
• You are only a bailee of the Goods and until such time as Stocked Cellar has received payment in full for the Goods then you shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount you owe to Stocked Cellar for the Goods, on trust for Stocked Cellar; and
• You shall not deal with the money of Stocked Cellar in any way which may be adverse to Stocked Cellar; and
• You shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Stocked Cellar; and
• Stocked Cellar can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to you; and
• Until such time that ownership in the Goods passes to you if the Goods are converted into other products, the parties agree that Stocked Cellar will be the owner of the end products.

Defects

You agree that it is your duty to inspect the Goods on delivery and shall within forty-eight (48) hours of delivery (time being of the essence) notify Stocked Cellar of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote in writing.

You shall afford Stocked Cellar an opportunity to inspect the Goods within a reasonable time following Delivery if you believe the Goods are defective in any way.

If you shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage.

For defective Goods, which Stocked Cellar has agreed in writing that you are entitled to reject, Stocked Cellar’s liability is limited to either (at Stocked Cellar’s discretion) replacing the Goods or repairing the Goods except where you acquired Goods as a consumer within the meaning of the Competition and Consumer Act 2010 (Commonwealth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.

Stocked Cellar will accept no responsibility for Goods that have already been opened or modified.

Returns

Returns will only be accepted provided that:

• You have complied with the provisions of clause n above;
• Stocked Cellar has agreed in writing to accept the return of the Goods; and
• the Goods are returned at your own cost within thirty (30) days of the delivery date; and
• Stocked Cellar will not be liable for Goods which have not been stored or used in
• a proper manner; and
• the Goods are returned in the condition in which they were delivered of the current batch, and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

Stocked Cellar may (at their sole discretion) accept the return of Goods for credit but this may incur a handling fee of up to ten percent (10%) of the value of the returned Goods plus any freight costs.

Non-stockist items, Goods of second quality, discounted Goods, or Goods made to your specifications are under no circumstances acceptable for credit or return.

Without prejudice to any other remedies, Stocked Cellar may have, if at any time you are in breach of any obligation (including those relating to payment) Stocked Cellar may suspend or terminate the supply of Goods to you and any of its other obligations under the Conditions. Stocked Cellar will not be liable to you for any loss or damage you suffer because Stocked Cellar has exercised its rights under this clause.

Nothing in these terms and conditions purports to exclude or modify the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts of the relevant state or territories of Australia.

Cancellation

Stocked Cellar may cancel any contract to which these Conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to you. On giving such notice Stocked Cellar shall repay to you any sums paid in respect of the Price. Stocked Cellar shall not be liable for any loss or damage whatsoever arising from such cancellation.

In the event that you cancel delivery of Goods then you shall be liable for any loss incurred by Stocked Cellar (including, but not limited to, any loss of profits) up to the time of cancellation.

Cancellation of orders for Goods made to your specifications or non-stock list items will definitely not be accepted, once the order has been processed.

General

If any provision of these Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

These Conditions and any contract to which they apply shall be governed by the laws of, and are subject to, the jurisdiction of the courts in the state of Victoria.

Stocked Cellar shall be under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by Stocked Cellar of these terms and conditions.

In the event of any breach of this contract by Stocked Cellar the remedies available to you shall be limited to damages which under no circumstances shall exceed the Price.

You shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to you by Stocked Cellar nor to withhold payment of any invoice because part of that invoice is in dispute.