AGE ACKNOWLEDGEMENT UPON PURCHASE
- You must be 18 years of age or over to purchase alcohol products from this website.
- The Garden Cellars customers should be aware that alcohol restrictions may be in effect in some regions of Australian States and Territories. An Alcohol Permit may be required for receipt of alcohol in some regions, whilst in other regions receipt of alcohol may be illegal. If you reside in one of these regions it is your responsibility to be aware of the applicable restrictions and legal implications of these restrictions prior to confirming the purchase of alcohol products. The Garden Cellars will accept no responsibility or liability for the confiscation of alcohol or any subsequent penalties that may be incurred for breaches of these restrictions by a customer.
LICENCE LIQP700359331, NSW LIQUOR ACT 2007
1 The following are the Terms and Conditions of trading with The Garden Cellars (“us” or “our”) for the supply of each item (“Item”) to the Customer (“you”, “your” or “I”). By placing an order with us you acknowledge that you have read and understood the Terms and Conditions and agree to be bound by them.
2.1 All prices are quoted in Australian Dollars and include Goods and Services Tax (GST).
2.2 Prices are subject to alteration. We shall endeavour to update the website prices whenever a change takes place. We shall contact you prior to accepting the order if there has been a change in price. Where an Item ordered is not available we may accept the order for the remaining Items ordered which are available.
3.1 Any order placed through this website is subject to confirmation and acceptance by us prior to a purchase being made.
3.2 Payment can be made using any of the payment methods listed in the payment methods section.
3.3 Orders will not be dispatched for shipping until the funds have cleared.
4 Delivery of Your Order
4.1 Freight will be charged in addition to the quoted purchase price at the rates set out in the schedule of freight charges. We use Australia Post to ship orders to all locations within Australia.
4.2 Please allow 5-10 days for shipping within Australia.
4.3 Australia Post will deliver Items during normal business hours. If this doesn’t suit, please email us to discuss otherwise.
4.4 Items are at the Customer’s risk once dispatched by us to the shipper and we accept no liability for the delivery of the Items by the shipper.
5 Age Restrictions
5.1 Persons under 18 years of age are not permitted to place orders for liquor.
5.2 It is an offence to obtain liquor on behalf of a person under the age of 18 years.
5.3 You warrant that You and the recipient of this order are at least 18 years of age.
6 Disclaimer and limitation of liability
6.1 These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of the Items and there are no other warranties, conditions or other terms that are binding on us. Any warranty, condition or other term concerning the Items which might otherwise be implied into or incorporated by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
6.2 Nothing in clause 6.1 shall exclude, restrict or modify any condition, warranty, right or liability implied into these Terms and Conditions (including any condition, warranty, right or liability imposed by the Trade Practices Act 1974) where to do so is illegal or would render any provision of these Terms and Conditions void. For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to our choice of replacing or paying the cost of replacing the Items.
6.3 Nothing in the Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence.
7.1 You agree to indemnify and keep indemnified, us and our related bodies corporate and their directors, officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which we or our related bodies corporate and their directors, officers, employees, agents and contractors may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the website (or any part of it) or your breach of these Terms and Conditions.
8 Website Security
8.1 Whilst we make all reasonable endeavours to ensure the integrity and security of the server, we do not guarantee that the server will be free from unauthorised use or hacking.
9 Third Party Links
9.1 We assume no responsibility and accept no liability for the condition, content or goods and services available on third party websites which may be linked to or accessed from the Website.
10 Applicable Law
10.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales, or where applicable the laws of the Commonwealth of Australia, and you agree to submit to the exclusive jurisdiction of the courts of that State or, where applicable the Courts of the Commonwealth.
11 Variation of Terms and Conditions
11.1 We may vary these Terms and Conditions from time to time. Any variations will be posted on the website.
12.1 If breakage occurs we will seek compensation from Australia Post.