Terms and Conditions
You can use the Site to browse, select and order products from local independent Cellarbrations stores participating in Cellarbrations Online Shop (Stores). When an order you place is accepted on the Site, ALM will procure that your selected Store supplies and either delivers or makes your order available for collection, on these Terms. You will pay ALM on the Site for your order and ALM will issue you a receipt, which will include details of the Store fulfilling your order.
Please read these Terms before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
Your agreement to these Terms
By accessing, browsing or using this Site, including completing your registration through the Site and placing an order for products through the Site, you agree that you are subject to and you must comply with these Terms. If you do not agree to these Terms, do not use this Site.
ALM may vary these Terms from time to time by posting the altered version on this Site. You should visit the Site regularly to keep up to date with any alterations.
By continuing to use this Site, you accept the Terms current at the time you access and use it.
If you have a trading relationship with ALM, that trading relationship is governed by a separate agreement between you and ALM or its related entities. However, these Terms also apply to your use of this Site.
Registration and use of your account
You must complete the customer registration process through the Site before placing an order.
You must provide correct information in your registration. If your information changes after your registration, before placing any further orders you must update your account details either on the Site, by contacting us by email at [email protected] or by calling 1300 000 113.
You are solely responsible for the use of your account, including for any other person who uses your login and password details to order products through the Site. You agree to notify us immediately if you become aware that your login and password details may have been compromised or if you believe any unauthorised person has accessed your account.
Placing an order
You may order products from a Store by selecting and submitting your order through the Site in accordance with these Terms.
Any order placed through this Site for a product constitutes an offer by you to purchase the product to be supplied by the Store that you nominate for your order, for the price displayed on the Site, at the time you place the order, and your agreement to also pay any delivery fees, pick and pack fees as indicated at your order checkout on the Site.
Your order may be accepted or rejected for any reason, including if the nominated Store cannot fulfil the order for any reason, if the requested products are not available, if there is an error in the price or the product description posted on the Site or if there is an error in your order. If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place your order or within a reasonable time after you place your order.
Maximum order quantities
We may limit the number of any one product you can order on the Site. This limit may differ between Stores and by orders placed for click & collect or delivery. If a limit on the number of any one product applies at the time you place an order it will be displayed on the Site.
You must not order with the intent to resell items including for trade purposes or place multiple orders for the purpose of circumventing the maximum purchase limits under these Terms. If we believe you are placing an order, or multiple orders, under one or multiple accounts, for such purposes, your order(s) may be cancelled without notice.
You must be 18 years of age or over to place an order for liquor, or any other products which are subject to a minimum age requirement (Restricted Products).
If requested by Metcash or the Store that fulfills your order for Restricted Products, you must be able to provide evidence that you are over 18 years of age and must ensure that a person over the age of 18 is available to accept delivery.
Orders containing Restricted Products will not be left unattended under any circumstances and we reserve the right to cancel your order in whole or in part if we believe any of the above conditions may not be met.
Out of stocks and substitutions
If a product that you order is out of stock or temporarily unavailable at the Store you nominate, and you have indicated on the Site that substitutions are acceptable, the Store may in its discretion provide you with a substitute product. If the Store supplies a substitute product that is a different price to the original product in your order, you will be charged the lower of the two prices.
As substitutions by the Store are discretionary, we cannot guarantee that a substitution will be available, or if available, will be supplied.
Price of goods
The price shown for each product on the Site is the purchase price offered by the Store on the Site at the time you place your order. The prices on the Site may change at any time and we do not provide any notice of these changes. If the purchase price of a product changes between the time it is added to your cart and the time the order is placed, the price of the product in your cart will be updated to reflect the current price. The final purchase price of each product in your order will be the price shown in your cart at the time you place your order.
Each Store also sets their own in-store purchase prices and the purchase price shown on the Site may not be the same as the purchase price for the same product in-store.
ALM reserves the right to amend any pricing errors caused by human error, system error or other reasons. If such an error results in an increase in the price of your order, we will either attempt to contact you to confirm you wish to proceed with your order at the amended price or cancel your order.
Cellarbrations stores offer a range of specials. These specials may vary from store to store and may not be available for purchase on the Site.
Where specials are offered on the Site, the discounted price will only be applied to your order if the order is placed during the special offer period.
The start and end dates of special offers will be published on the Site. If specials are added to your cart before the end date, but your order is not placed until after this end date, or if your order is modified after the end date, the special may no longer be available and the purchase price shown when the order is placed or modified will reflect this.
Modifying your order
You can modify your order at any time after it is placed on the Site up to the time when the Store begins to process your order. At this point, the order status on the order details page will change from “Placed” to “Processing” and modifications will not be allowed. If you modify your order before it is processed, the purchase price of products and any specials applicable to the products in your order may be updated to reflect any changes to the pricing and specials on the Site at the time your order is modified.
All fees and charges identified in these Terms and all prices for products offered on the Site include GST where applicable. A tax invoice will be issued to you when your purchase is complete.
You must choose one of the available payment methods published on the Site at the time you place your order.
If your selected payment method cannot be processed, we will notify you and we may cancel your order.
For some payment methods (including debit and credit cards) we may pre-authorise the estimated amount payable for your order and charge you the full amount (decreased or increased to account for any out of stock items for example) at the time the Store picks your order. You authorise ALM to pre-authorise the estimated amount that is payable for an accepted order, as shown at the checkout for your order on the Site, from your nominated debit or credit card. If we are unable to successfully process the pre-authorisation of payment for your order, your order will be cancelled.
For other payment methods we may not be able to pre-authorise payment, and we may charge you the estimated full amount at the checkout and refund you for any out of stock items or substitutes at the time the Store picks your order If we have taken payment for any order that we later reject or cancel in whole or in part, we will issue you a refund for the part rejected or cancelled.
The Store will only deliver products ordered through the Site to a location where your nominated Store provides delivery services.
When you place your order, you will be able to select from the delivery options available at that time for your nominated Store. The cost of these options may vary between Stores and may change from time to time. Your chosen option will not be secured until your order is placed. You will be charged for the option selected at the price shown at the time you place your order (unless you later modify your order and the price of that delivery option has changed in which case you will be charged the updated price when submitting your modified order).
The Store, itself or via its third party delivery partner (Delivering Party), will endeavour to deliver your order within the timeframe indicated at the time your order is placed. However, delivery times are not guaranteed – times are estimated only and deliveries may be delayed.
You, or a person representing you, must be present to accept the delivery of your order during the time selected for delivery. The Delivering Party will not leave a delivery unattended for any reason. The person accepting the order must be able to provide proof of identity, and where relevant this must include proof of age (for example where an order includes Restricted Products). If the order was paid for by credit card, the Delivering Party may also ask you to present the credit card used to place the order to match your name on the card to the order.
The Delivering Party may, in its total discretion, provide a contactless delivery service as follows: the Delivering Party will deliver your order to the front door of the delivery address provided, take a photo of the order as proof of delivery and attempt to contact you to collect your order. You or a person representing you must be present at the delivery address to accept the delivery and come out upon being contacted. You will not be required to provide a signature on delivery.
You agree that neither we nor the Store will be responsible for any loss or damage to the products in your order after the delivery has been made. If the Delivering Party reasonably believes that the delivery address provided is not safe for any reason or that your order is likely to be stolen or damaged, the Delivering Party may refuse to deliver your order.
If there is no-one available (including where required a person over the age of 18) at the delivery address to accept your order during the time period you selected, or if the Delivering Party cannot access the delivery address, your order will not be delivered. If delivery cannot be made in these circumstances, we reserve the right to charge a cancellation fee of up to $20 for your order.
Click & Collect
Where your nominated Store offers a Click & Collect service, this will be presented on the Site for you to select. If you choose to select this service, your order will only be available for collection during the timeframe selected. If your order is not collected in accordance with these Terms within this timeframe, we may charge you a cancellation fee of up to $20.
To collect your order, you, or a person you have notified us as representing you, must provide proof of identity, and where required this must include proof of age (for example where an order includes Restricted Products). If the order was paid for by credit card, the Store may also require the credit card used to place the order be presented before collection and a photo ID belonging to the owner of that payment card, to be presented before collection.
You may cancel your order at any time up to the point when the Store begins to process your order. At this point, the order status on the order details page will change from “Placed” to “Processing” and cancellation will not be possible on the Site. If you wish to cancel your order after this point, you will need to contact customer services by email at [email protected] or by calling 1300 000 113. Under these circumstances, we may charge you a cancellation fee of up to $20.
Returns and problems with your order
If you wish to return a product you may do so by returning it to the Store that fulfilled your order, in accordance with their returns policy. If products for which you have been charged are missing or products in your order were damaged or defective, you may contact either us or the Store directly in relation to these matters.
You can contact us in relation to such matters by email at [email protected] or by calling 1300 000 113. To make an assessment of the matter, we may require you to provide further information such as a photograph of damaged or defective products or provide the products themselves, so you must retain them until your claim has been processed.
Risk and title
For delivery orders, risk and title to the products passes from the Store to you on delivery of those products to the delivery address. For Click & Collect orders, risk and title to the products passes from the Store to you on collection from your nominated Store.
Material and content displayed on or comprised by this Site including text, graphics, logos, button icons, images, the website layout and software are subject to copyright owned by Metcash or its related entities or suppliers.
The material and content are protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the Site may be the subject of registered trade marks of Metcash or its related entities or suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws.
You may access, display, download and print portions of the Site only for your personal non-commercial use or for good faith dealings with Metcash, and subject to these Terms.
This permission is subject to you not modifying or republishing the content displayed on this Site, keeping intact all copyrights, trade mark and other proprietary notices and any additional restrictions or express exceptions displayed on the Site. Any other use of material on this Site including the reproduction, modification, distribution, transmission, re-publication or display of the content on this Site is strictly prohibited.
Information on the Site
Information on this Site may change from time to time. It is not promised or guaranteed to be correct, current or complete. This Site may contain technical inaccuracies or typographical errors.
Metcash assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information.
This Site may contain advice and other tips and information including in relation to nutrition. That advice and information is of a general nature only. It should not be relied on as applying to your specific situation and you should obtain specialist advice in appropriate situations.
This Site may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). ALM is not responsible for and does not endorse:
- the content of Linked Sites or Third Party Material;
- any use or misuse of information you may supply to or obtain from a Linked Site or any Third Party Material; or
- any goods or services offered via Linked Sites. ALM does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites.
ALM is not a party to or responsible for any transactions you may enter into with such third parties, even if you learn of such third parties (or use a link to such third parties) from this website.
You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of this website
You agree to comply with all laws applicable to your use of this Site. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, including by uploading or transmitting through the Site any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this Site or any computer.
You must not post on this Site any material that is abusive, defamatory, obscene, contrary to law or to the rights of any person. ALM may block or delete from this Site any material you post that ALM decides contravenes those requirements. You must not impersonate or misappropriate the identity of another person. Use of this Site in contravention of these Terms may result in you being banned from the Site and being liable to ALM for breach of contract and/or contravening applicable law.
Disclaimer in relation to Site
ALM does not represent or warrant that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements.
Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law (ACL), and consumer guarantees relating to goods or services under the ACL) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). Subject to Your Consumer Rights, neither ALM nor its related entities is liable for any loss or damage however caused (including by negligence), suffered or incurred in connection with the Site except to the extent expressly provided in these Terms. Any condition or warranty which would be implied by law into these Terms is excluded.
Indemnity and benefit
You agree to indemnify, defend and hold harmless ALM from and against all losses, expenses, claims, liability and damages of every kind due to or arising out of any breach of these Terms by you or any other person accessing this Site using your account.
The benefit to ALM of these Terms, including under an indemnity, extends to and applies for the benefit of ALM’s related entities and officers, directors, employees, agents, contractors, licensors and suppliers of ALM and its related entities.