TERMS & CONDITIONS
TERMS & CONDITIONS
TERMS OF SERVICE
TERMS AND CONDITIONS OF SALE PURSUANT TO AN ORDER
THIS AGREEMENT is made on the date of receipt of the order by the seller.
- Monacellars whose address is specified on the order ("seller")
- Customer whose address is specified on the order ("buyer")
- The seller is a supplier of the goods described in the order ("goods").
- The buyer wishes to buy goods from seller by the order placed.
- The seller has agreed to sell and buyer has agreed to buy goods on the terms and conditions set out in this agreement.
THE PARTIES AGREE
Agreement to buy and sell
1.In consideration of payment of the amount specified in relation to each of the goods in the order ("price") by the buyer to the seller, the seller sells and the buyer buys the goods on the terms and conditions of this agreement.
Placement of orders
- The buyer must order goods from the seller in writing and the order must specify:
(1) the date of the placement of the order;
(2) the quantity and description of the goods ordered;
The placement of the order by the use of the seller's website ("the Website") signifies the buyer's agreement with the terms and conditions, policies (including Refunds Policy), privacy and security and other information published on the Website.
Acceptance of orders
- The seller may decline the order received from the buyer by written notice to the buyer within 3 days of receipt of the order by the seller. In that event, the seller will refund to the buyer any payment received in relation to the declined order. The order not declined pursuant to this clause binds the seller.
Delivery of orders
4.Normally, the seller will deliver the order to the buyer address referred to in the order between the hours of 9 am to 5 pm on any day Monday to Friday which is not a public holiday not later than the delivery date.
- The Standard Terms & Conditions do not apply to all products purchased from the Cellar, Aged or Back Vintage Wine category. While Monacellars will endeavour to ensure prompt delivery without compromising the condition of the wine, Monacellars Delivery Guarantee does not cover heat damage. To avoid this, we recommend that you choose to have your delivery left at the Local Post Office awaiting collection. In addition, Monacellars shall not be liable under the Delivery Guarantee for any loss arising from the Buyer failing to provide Monacellars with a correct address and delivery details, or for Monacellars otherwise delivering in accordance with the Buyer's instructions (such as leaving the wine outside an unattended premises).
Packing of orders
- The seller must ensure each order is safely and securely packed for transportation to the buyer having regard to:
(1) the fragility of the goods;
(2) the distance the goods are likely to travel; and
(3) the method of transportation used to transport the goods.
- Unless stated otherwise the price is inclusive of GST. The buyer must pay the price, plus the requisite GST, in relation to the order to the seller upon the placement of the order.
Passing of title
- Title to the goods in the order passes to the buyer free of encumbrances and all other adverse interests upon payment in full by the buyer being received by the seller in relation to such order.
Passing of a risk
- Risk in the order passes to the buyer upon delivery of that order to the buyer or collection of that order by the buyer or the buyer's agent or the buyer's courier (as the case may be).
- Subject to clause 3 of this agreement, this agreement commences on the date of the order and ends upon delivery of the goods specified in the order.
- This agreement is not to be amended except in writing signed by each of the parties.
Limitation of Liability
- The total liability of the seller for loss or damage of every kind:
(1) whether arising pursuant to this agreement; or
(2) out of or in relation to the goods, their sale, delivery or the way they behave, in tort or contract or in any other cause of action; or in any other way whatsoever,
is limited to:
(3) the amount paid by the buyer to the seller under this agreement at the date when such liability arises;
subject to any statutory rights of the buyer (including under the Australian Consumer Law).
- The buyer indemnifies on a continuing basis and on a full indemnity basis the seller from and against any liability, loss, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by the buyer in respect of the products to any person. This indemnity survives termination of this agreement by either party for any reason.
- The failure of any party to enforce the provisions of this agreement or to exercise any rights expressed in this agreement is not to be a waiver of such provisions or rights and does not affect the enforcement of this agreement.
- No waiver under clause 13 operates as an estoppel against the party who seeks to rely on clause 13.
- The exercise by any party of any of its rights expressed in this agreement does not preclude or prejudice such party from exercising the same or any other rights it may have irrespective of any previous action taken by that party.
- If the seller by reason of any fact, circumstance, matter or thing beyond its reasonable control is unable to perform in whole or in part any obligation under this agreement the seller is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and is not liable to the buyer in respect of such inability.
Representations and warranties
- The buyer acknowledges that the seller does not make under this agreement or outside of it any representations or warranties regarding the products or any matter which is or might be relevant to the buyer buying or selling the products other than the representations or warranties expressed in this agreement.
- This agreement is subject to the law of the State of Victoria.
- Online only specials do not apply in store.