TERMS & CONDITIONS

PART A - TERMS OF SERVICE FOR OUR WEBSITE

The terms of use govern your use of our website https://www.monacellars.com.au/ including copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs and other intellectual property. By using our website, you are agreeing to these terms and conditions. You must not use our website if you do not agree to these terms.

1.       Ownership

1.1   The website and all Content are operated and owned by Monacellars (Luciza Pty Ltd) ABN 64 132 550 488 with the principal place of business of 112-128 Princes Drive Morwell VIC 3840, Australia.

2.       Use of Website

2.1   You may only use the Website and the Content on the Website for personal, non-commercial purposes unless Monacellars provides express written consent.

2.2   You must not:

2.3   by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;

2.4   do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;

2.5   breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;

2.6   interfere with any other persons use or enjoyment of the Website;

2.7   post, or transmit to the Website any abusive, obscene, defamatory, or otherwise inappropriate material;

2.8   use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the Website, or to reproduce or separately store or use such Content; use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the Website, or to reproduce or separately store or use such Content;

2.9   use the Website or any Content in any way that is unlawful, illegal or breaches the rights of Monacellars or any third party; and

2.10           the Website in any way that otherwise breaches these Terms.

2.11           In addition to these Terms, the Monacellars Privacy policy applies to the Use of the Website and various parts of the Website are subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.

3.       Limitation of Liability

3.1   Monacellars does not warrant or guarantee:

·       The accuracy, quality or completeness of any information on the website

·       That any defects on the website will be corrected immediately

3.2   Monacellars will not be liable for any loss, damage or expenses that you may suffer due to use of our website. The internet should be used at your own risk.

4.       Variation to Terms and Content

4.1   Monacellars reserves the right to vary these terms and any content on the website at any time and by continuing to use the Website, you consent to any variation that may occur.

4.2   Monacellars will not notify users of changes in these terms.

5.       Governing Law

5.1 These terms are governed by the law of Victoria and any dispute in relation o these terms or conditions will be exclusive to the state of Victoria.  

PART B – CUSTOMER AGREEMENT

1.       Agreement to buy and sell

1.1 This agreement is a contract between the customer and Monacellars (Luciza Pty Ltd ABN 64 132 550 488).

2.       Placement of orders

2.1   An order is only placed upon success processing of payment. Until payment is completed, the item remains for sale and available to other customers.

2.2   Adding an item to your cart does not guarantee availability or being reserved.

3.       Acceptance of orders

3.1   Monacellars may decline the order received from the buyer by written notice to the buyer within 7 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 to the original payment method. This can be for stock availability, pricing errors, delivery issues, suspects of fraud or manipulation.

3.2   Monacellars reserves the right to impose purchase limits on any product at anytime without notice.

4.       Pricing and Availability

4.1   All prices listed on Monacellars.com.au are in Australian dollars and include any relevant taxes. These prices are subject to change with prior notice.

4.2   Monacellars will take reasonable steps to ensure there is pricing accurary, some errors may still occur. Monacellars reserves the right to cancel any orders where a pricing error has occurred. If full payment has been processed, a full refund will be processed for the customer to the original payment method.

5.       Delivery of orders

5.1   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.

5.2   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).

6.       Packing of orders

6.1    Monacellars will ensure each order is safely and securely packed for transportation to the buyer having regard to:

·       the fragility of the goods;

·       the distance the goods are likely to travel; and

·       the method of transportation used to transport the goods.

 

7.       Pricing Policy

7.1   Online only specials do not apply in store.

7.2   Price Matching

Monacellars will price match products in store and online given the following conditions are met:

·       Customers must provide proof of the competitors advertised price.

·        Customers must ask for the items to be priced matched before the staff commence the transaction.

·        Price matching can only be done on valid Competitors advertisements

·        Competitor Advertised conditions will be adhered to. e.g. Not Valid for Trade, Retail Quantities only, Maximum of 5 Slabs per customer, Payment type, freight etc.

·       The Product being price matched must be identical to that of the advertisement.

·       The Price, Deal or Offering must be identical to that of the competitor’s advertisement. e.g. 2 for $74 or dozen buy etc.

·       Competitors must have stock available and in quantities requested.

·        Competitors Store must be within 5km of our physical store.

·       Price Matching can only be done during the trading hours of the competitors stores trading hours.

·       Price Matching excludes tobacco and non-alcoholic products

·       Excludes trade buyers, online offers and liquidation or clearance sales.

·        We reserve the right to limit sales to retail quantities.

·         We reserve the right to limit price matching once per day per customer per product, deal or offering.

·       Price matching is subject to Liquor licensing Regulations and responsible service of alcohol which may affect the outcome of the transaction.

·       Price matching is only valid within normal trading hours and excludes Easter, Anzac Day, Christmas, New Years, Labour Day, Queens Birthday, Australia Day and Melbourne Cup, Public Holidays and Weekends

·       Competitors Price Matching is done only at the Discretion of the Store Manager.

7.3   30% off Wine Sale

During the advertised dates of the 30% Off Wine Sale, all valid products will be 30% off their listed RRP. There is a minimum quantity of products to receive the discount which will be advertised in line with the sale.

The 30% Off Wine does not apply to Penfolds Grange, Henschke Hill of Grace, Cask Wine, Fortified Wine and any bottle larger than 750ml.

Monacellars reserves the right to change the terms and conditions of the sale at any given time.

 

7.4   10% Off First Order Discount

This promotional offer only applies to new customers on their first order. To qualify, the customer must sign up to the mailing list and the discount code will automatically be sent to the customers chosen email address.

The customer must spend a minimum of $50.00 in their first purchase. This cannot be used in conjunction with any other discount codes.