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Terms & Conditions

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Website Terms and Conditions


Yeonga Cellars 32 603 833 423




 
 

About Us
  1. Yeonga Cellars 32 603 833 423
  1. Yeonga Cellars 32 603 833 423Shop 11/429 Fairfield Rd, Yeronga QLD 4104(We, Us, Our) is a company registered in Australia. 
  2.  
  3. We provide an online sales platform which enables customers to make purchases of alcoholic goods and products for both collection from one of our stores, or delivery by a third-party delivery partner (Services).
  4.  
  5. The Services are provided through Our website https://yerongacellars.shop.mybottler.com.au/ (Website).  
  6. Operative Provisions
    1. Obligation to read and understand Terms and Conditions
  7. Please read these terms and conditions (Terms) carefully. As a condition of your use of the Services and the Website you are required to comply with the Terms.
  8.  
  9. We reserve the right to review and amend the Terms at any time and at Our sole discretion.
  10.  
  11. We reserve the right to terminate the Terms, or part thereof, at any time and at Our sole discretion.
  12.  
  13. We reserve the right to terminate the services, or part thereof, at any time and at Our sole discretion, including, but not limited to, any access permissions and/or products.
    1. Acceptance of Terms
    1. By accessing the services, including using the Website, you agree to be bound by the Terms.
  16.  
    1. Our Services
    1. How do you order the Services?
       
  18. The Services are ordered through the Website, where you are able to purchase available product(s) for collection or delivery from Us directly.
  19.  
  20. The delivery and collection of any orders that you place through the Website is subject to these Terms, including product condition, price, additional fees and charges, and returns and cancellations.
  21.  
    1. Pre-Conditions of Services
  23.  
  24. It is against the law to sell or supply alcohol, or obtain alcohol on behalf of, a person under 18 years of age. You agree that we may reasonably rely on any person who:
  25.  
    1. Accesses the Services;
    2. Uses the Website; or
    3. Who resides at the address for delivery of any Services; or
    4. Any person authorised to collect goods subject to your use of the Services;

  27. as being appropriately authorised for that purpose and of 18 years of age or older.
     
  28. You confirm that any information that you provide Us relating to your use of the Services is true and correct.
  29.  
  30. You must not purchase any products from Us with the intention of reselling those products to a third party where any such resale is subject to separate licensing requirements that you are not able to meet.
  31.  
    1. Registration
  32. In order to access the Services, you must confirm that you are 18 years of age or older.
  33.  
  34. By accessing the Services, you confirm that the details you have provided Us regarding your age are true and correct.
  35.  
  36. It is a condition of use of the Services that you verify you are 18 years of age or older. If you do not confirm this, you cannot access the Services.
  37.  
  38. Registration may be completed by way of the Website.
  39.  
  40. In order to subscribe to use Our Services, you must provide Us with Personal Information, which may include, but is not limited to, the following:
  41.  
      1. Name;
      2. Date of birth;
      3. Telephone number;
      4. Email address; and
      5. Mailing address and/or postcode.
  43.  
  44. By registering to use the Services, you warrant that any information that you provide Us, including any such information you may provide Us through your use of the Website, is accurate and up to date.
  45.  
  46. By registering to use the Services, you warrant that you are of legal age to enter into a binding agreement with Us, and that you are not barred from doing so under Australian law or any other applicable law.
  47.  
  48. We will not be held liable for any loss or damage which may occur as a result of inaccurate information provided by you in your use of the Services.
  49.  
  50. By subscribing to the Services, you agree to receive electronic messages (via email and/or SMS) relating to your subscription and access to the Services. You may manage your subscription on the Website or by way of email and/or SMS.
  51.  
    1. Accessing the services
  52. You may access the Services by selecting and submitting your order through the Website in accordance with the Terms.
  53.  
  54. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website
  55.  
  56. When required, you agree to provide us with current, complete and accurate details when asked to do so by the Website.
  57.  
    1. Orders
  58. We reserve the right to accept or reject your access to the Services, including any orders you may place through the Website.
  59.  
  60. We may reject your order in circumstances where the product subject to your order is not available, if there is an error in the price or the product description posted on the Website or in your order, or other circumstances from time to time.
  61.  
  62. Each order placed for products through the Website 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.
  63.  
  64. If we reject an order placed through the Website, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
  65.  
  66. You agree that We will not be held liable for any loss or damage that you may incur as a result of any cancelled/rejected orders that you may place though the Website.
  67.  
    1. Cancellation of orders by you
  68. You agree that you cannot alter any orders placed through the Website after an order has been placed. If you wish to cancel your order and place an amended order, you may do so by contacting us at 07 3848 5100.
  69.  
  70. You can cancel all or part of any orders placed through the Website before your order is processed for delivery generally within 7 days. You will receive a refund or store credit to be spend in store or online on the products subject to the order, including any delivery fees (except in circumstances where you cancel part of an order, and there are other products in the order that require delivery).
  71.  
  72. In the event that you attempt to cancel an order that has been dispatched for delivery, any cancellations are only possible if we (acting reasonably) agree to any such cancellation. Whilst we will make attempts to accommodation a cancellation request after an order has been dispatched, you agree that We are unable to provide any guarantees regarding cancellation of orders after dispatch.
  73.  
  74. If you request cancellation of all or part of any orders, but the products subject to the order have arrived, you may be able to arrange a return. For any such enquiries, contact us at 07 3848 5100
  75.  
  76. You agree that We will not be held liable for any loss or damage that you may experience as a result of any orders cancelled by you.
  77.  
    1. Delivery Pre-Conditions
  78. You agree that we may reasonably rely on any person who is at the address that you give Us for delivery of products and/or who takes receipt of any products ordered by you as being authorised for that purpose and of 18 years of age or older.
  79.  
  80. We reserve the right to refuse delivery of products if we reasonably consider the delivery conditions unsuitable, including because any person accepting the delivery is:
  81.  
      1. Under the influence of alcohol or drugs;
      2. Reasonably suspected to be under the age of 18;
      3. Reasonably suspected to be acting on behalf of a person who We reasonably consider unsuitable to accept delivery of products for any reason (including that they may be under the age of 18).
  83.  
    1. Delivery
  84. All deliveries are subject to the applicable State/Territory and Federal legislation and regulations.
  85.  
  86. Upon an order being placed for delivery, We will provide our delivery partner with details of the order, including your address and other personal information required for delivery. 
  87.  
  88. Our delivery partner will deliver the products subject to your order from the Website to the relevant delivery address provided by you.
  89.  
  90. If the delivery address you provide requires our delivery partner to deliver products inside a premise or building at the delivery address (such as an apartment building), you are responsible for all loss or damage suffered by Us in connection with our delivery of the products beyond the front door of the delivery address.
  91.  
  92. We will require the person accepting the delivery of your order to provide Our delivery partner with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then We may also ask you to show our delivery partner the credit card for Us to conduct Our verification checks.
  93.  
  94. If there is no one or no appropriate person (for example, above 18 years old) at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then:
  95.  
  96. Our delivery partner will not deliver the Products you have ordered; and
  97. Our Delivery Parter will contact you or you may contact Us to arrange for delivery at a different time, and We may charge you an additional delivery fee for that replacement delivery.
  98.  
  99. You acknowledge that we may record the details of any identification provided in relation to delivery of Products.
  100.  
    1. Collection
  101. You agree to comply with certain collection requirements specified when you place your order through the Website, including, but not limited to, the following:
  102.  
  103. Providing Us with a photographic identification and signature when collecting your order; and
  104. Presenting the card used for when you collect your order.
  105.  
  106. If you will not be the person collecting your order then your representative must provide Us with proof of their identity (including photographic identification) and, where relevant, age, and the card used for payment or proof of payment.
  107.  
  108. You acknowledge that We may record the details of any identification provided in relation to collection of products.
  109.  
    1. Risk and title
  110. Provided We have acted on your delivery instructions, you agree that risk of loss or damage to products relating to your order passes on delivery.
  111.  
    1. Fees and Charges

     
  112. You agree that you may be charged a 2.2% surcharge for purchases made by way of the Website.
  113.  
  114.  
    1. Returns
  115. If you wish to return a product that was provided to you under these Terms because it is defective, then you may:
  116.  
  117. Return the product to Us; or
  118. Contact Us by telephone to make arrangements to return the product.
  119.  
  120. Should We determine (acting reasonably) that the product is defective, you may:
  121.  
  122. Exchange the defective product for another product of equal value (in the event that you exchange the defective product for a product of lesser value, We will refund you the difference in price, or if you exchange the defective product for a product of higher value, you will pay Us the difference in price); or
  123.  
  124. Return the product Us for a full refund (including delivery fees in circumstances where the defective product(s) is the only product included in the order subject to the refundable delivery fees).
  125.  
    1. Personal Information
  126. By accessing the services, you will be required to provide personal information to Us through the Website.
  127.  
  128. Any information provided by you through your use of the Website is subject to Our Privacy Policy, which can be found online.
  129.  
  130. Our Privacy Policy provides details of how We collect, use and disclose your personal information, how you can access your personal information, or lodge a complaint with respect to the use and management of your personal information.
     
    1. Your obligations when using the services
  132. By using the Website, you agree to use the Website in compliance with, and for purposes permitted by, the Terms and any applicable laws, regulations, or generally acceptable guidelines.
  133.  
  134. You agree not to use the Website for any illegal or unauthorised activities.
  135.  
    1. Intellectual property
  136. You agree that We are the owner of all intellectual property rights in any information or documentation originally or exclusively created, developed for the Website by Us, as well as in any information or documentation We provide to you which has been originally or exclusively created or developed by Us.
  137.  
  138. The information and materials which form the Website are protected by copyright. Unless otherwise indicated, all rights to the Website content, including, but not limited to, images, logos, titles, names, illustrations, designs, marketing, graphics, text, icons and video, are owned or controlled by Us and Our affiliates entities for use on the Website.
     
  139. Nothing in the Terms or on the Website is to be construed as Us giving you, or any third party, any licence, title, interest or other right in relation to any of Our intellectual property rights, or those intellectual property rights of Our affiliates.
  140.  
  141. You must not, without Our prior written consent, and the consent of any other relevant rights owners, republish, upload, transmit, post, distribute, show, adapt, or change in any way the Website content for any purpose.
     
    1. Prices
    1. All prices displayed on the Website are in Australian Dollars.
  144.  
    1. We reserve the right to change any prices displayed on the Website.
       
    2. Prices of products displayed on the Website may vary. We will not be held liable for any loss or damage which you may incur due to any such price variations.
       
    1. Disclaimer
  147. You acknowledge that We do not make any terms, guarantees, warranties, representations, or conditions regarding the Services other than those which are contained in these Terms.
  148.  
  149. We will make all reasonable efforts to ensure that the information regarding products displayed on the Website is accurate, however you acknowledge that sizes, colours, and/or packaging may differ from what is displayed on the Website.
  150.  
  151. Nothing in the Terms excludes any guarantees, warranties, representations or conditions imposed by law.
  152.  
  153. We will not be held liable for any special, indirect or consequential loss or damage (unless such damage is directly caused by Our failure to meet any applicable guarantee or obligation under these Terms or applicable laws and regulations) as a result of or in connection with your use of the Website or the Services.
  154.  
  155. Without any restriction or modification of any rights and remedies that you may be entitled to in accordance with the Terms and any other applicable law or regulation, including the Australian Consumer Law:
  156.  
  157. You acknowledge that the Website and the products shown on the Website are provided on an “as is” and “as available” basis. We do not make any warranty or conditions of any kind as to the suitability of the products shown on the Website.
  158.  
  159. We will, not be held liable for any damage or loss that you may incur as a result of any failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records, unless such damage or loss is the direct result of a negligent act or omission by Us.
  160.  
  161. We will, not be held liable for any damage or loss that you may incur as a result of the accuracy, suitability or currency of any information on the Website or any of its related products (including third party material and advertisements on the Website).
  162.  
  163. We will not be liable to you for any damage or loss arising from or connected to the Terms in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of a negligent act or omission by Us.
  164.  
  165. We will not be liable to you for any damage or loss arising from the content or operation of links displayed on the Website.
  166.  
    1. Liability
  167. You agree to indemnify Us, Our affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  168.  
  169. Any direct or indirect consequence of you accessing or using the Website and/or the Services, or any breach of these Terms by your or any person acting on your behalf; and
  170.  
  171. Any breach of these Terms by Us.
  172.  
  173. Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure in any products and compensation for any other reasonably foreseeable loss or damage that you may incur due to a negligent act or omission by Us. You are also entitled to have any product repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under Australian Consumer Law.
  174.  
    1. Limitation of Liability
  175. You understand and agree that We, including Our affiliates, employees, agents, contributors, third party content providers and licensors, shall not be liable to you for any direct, indirect, incidental or consequential damages that may be incurred by you through your use of the Website or accessing the Services, except in circumstances where any such loss or damage is the direct result of a negligent act or omission by Us.
  176.  
    1. Changes to or Termination of Terms
  177. We reserve the change or terminate these Terms from time to time.
  178.  
  179. We reserve the right to remove or amend any of the Services, products, access rights, or affiliate stores on the Website.
  180.  
  181. We reserve the right to discontinue or cancel any subscription to the Website at any time, and may suspend or deny, in Our sole discretion, access to all or any part of the Website or Services.
Yeronga Cellars: made by Myfoodlink