Leura Cellars Terms & Conditions

By entering your details to make a purchase, you are offering to make a contract to purchase goods from us (Leura Cellars, a registered business name of No More Ties Pty Ltd, ACN 100 804 082, c/o McLean Charge Partners, 49 Lemongrove Road, Penrith NSW 2750). If we accept your offer, the goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.

The contract is made at our licensed premises, 169 – 171 The Mall, Leura NSW from where the goods will be despatched under our liquor licence no. 357355.

Persons under 18 years of age (or under the legal age in the place of delivery) are not permitted to place orders for alcohol.

Leura Cellars supports the responsible service of alcohol.

Nature of the Contract.
You are able to use the Leura Cellars website (or email, telephone, fax or other method) to place an order for goods.

The contract between you and Leura Cellars for the supply of those goods ("the Contract") only comes into existence when Leura Cellars accepts your order. Leura Cellars will notify you of acceptance. No obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract. Orders cannot be cancelled once accepted, unless by arrangement with the management of Leura Cellars.

Condition of Wine
The nature of wine is such that its condition can only be assessed when the bottle is opened at the time of consumption. Whilst Leura Cellars takes all care with storage of wine in its possession, it is unable to give any warranty as to the condition of any wine supplied by it.

You acknowledge that it is a condition of purchase that you buy wine from us on an "as is" basis.

Delivery
Leura Cellars does not accept a P.O. Box as a delivery address. Goods may not be collected from our premises. Leura Cellars will not be obliged to deliver goods to you if your delivery address is not correct or not in an area to which Leura Cellars delivers goods.

The goods will not be delivered to persons under the legal age required to purchase alcohol in your state or province. Leura Cellars may request that the person who receives the goods provide satisfactory evidence of proof of age. Leura Cellars will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.

Leura Cellars is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:

  1. to the adult person who placed the order, or
  2. to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or
  3. if delivery takes place on a day following the placing of an order, in accordance with the customer's instructions but always to a person over the age of 18 years.

Anyone at the nominated delivery address who receives the goods shall be presumed by Leura Cellars to be authorised to receive the goods.

While Leura Cellars will use all reasonable endeavours to deliver by any requested or agreed date, it does not guarantee delivery on that date and is not liable for any Loss resulting from late delivery.

Risk and Insurance
Risk in the goods passes to you upon delivery of the goods to the carrier, who will accept the goods as agent for you. As such, we strongly recommend that you accept the option of insuring the goods against breakage or loss when ordering.

Title
Title in the goods does not pass to you until payment of all amounts owed by you to Leura Cellars. To protect against credit card fraud, title does not pass until you have paid the total purchase price to the issuer of your credit card.

If you fail to pay by the due date any amount owing to Leura Cellars, Leura Cellars may (without prejudice to any of its other rights) recover and resell any goods in which property has not passed to you, and you hereby authorise Leura Cellars to enter onto the premises where the goods are kept to take possession of the goods for that purpose at any time. If you sell or purport to sell any goods supplied by Leura Cellars in which property has not passed to you, then you do so as a fiduciary for Leura Cellars. The proceeds of such sale are the property of Leura Cellars to the extent of any money owed to it by you. You must account to Leura Cellars for that portion of the proceeds of sale, and Leura Cellars may trace the proceeds of any such sale

Price
Leura Cellars’ prices are subject to variation – the price payable for the goods is the price applicable on the date when Leura Cellars confirms your order.

The quoted price does not include the delivery and insurance fees (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the applicable delivery and insurance fees (if applicable).

Payment
You must pay for the goods before we will despatch your order. You may use your credit card (Bankcard, MasterCard, Visa, American Express, Diners). Payment by cheque or cash will only be accepted at Leura Cellars’ discretion. Leura Cellars may accept applications for customer accounts, subject to its standard terms and conditions

Availability
All items advertised on the Leura Cellars website are available only while stocks last unless otherwise advertised.

Website content
Copyright in all materials appearing on this website is, except where noted to the contrary, the property of Leura Cellars and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or for any purpose expressly permitted by Leura Cellars.

Leura Cellars does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Leura Cellars is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of Leura Cellars remains with you.

You also waive any and all claims that you may have against Leura Cellars otherwise arising out of or in relation to your use of this website.

Leura Cellars is committed to maintaining the privacy and confidentiality of personal information. We will adhere to the National Privacy Principles (NPPs) when collecting, using, disclosing, securing and providing access to personal information.

We endeavour to take all reasonable steps to protect your personal data, but cannot guarantee the security of any data you disclose online. By supplying us with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold Leura Cellars responsible for any breach of security unless we have been negligent or in wilful default of our duties to you.

Individuals have a right to request access to personal information that we hold about them. If you believe that their personal information we hold about you is not accurate, then you may request that we correct it.

If you register as a ‘Cellar Club member, you will receive or nominate a password or PIN. You are responsible to maintain the confidentiality of your password. You are also responsible for, and indemnify Leura Cellars in relation to, any and all activities that occur using your password or PIN, including in relation to your personal information. You must immediately notify us of any unauthorised use of your logon or password or any other breach of security of which you become aware.

Limitation of Liability
Nothing in this Contract is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between Leura Cellars and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.

To the extent that Leura Cellars breaches any condition or warranty implied into the arrangement between Leura Cellars and you and which cannot be excluded or modified, Leura Cellars’ liability is limited to, at Leura Cellars’ discretion, either: (i) replacement of the goods or supply of equivalent goods; (ii) payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services, to: (i) supply of the services again; or (ii) payment of the cost of having the services supplied again.

Subject to the foregoing, Leura Cellars is not liable to you (or to any third party claiming through you) for, and you release Leura Cellars from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property ("Loss") caused by any act or omission of Leura Cellars, its employees or agent, and whether based on negligence or other tort, contract or otherwise.

Amendments
Leura Cellars may add to, delete, or otherwise change any of the terms of this Contract. Leura Cellars will notify you of any substantial changes to these terms & conditions. Your use of the Leura Cellars service after notice will constitute your deemed acceptance of such changes.

Confidentiality
Leura Cellars reserves the right to disclose information regarding users of the Leura Cellars service to third parties, provided that the information will not specifically identify you or any personal information supplied by you. Personal information will otherwise be handled in accordance with our Privacy Policy

Termination
Leura Cellars may terminate this Contract at any time by delivering notice or by sending you a system message advising that your shopping privileges have been removed. Termination of this Contract shall be effective the day notice is received or such later date as specified in the notice.

Notices
Leura Cellars may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.

Miscellaneous
If any provision of these Terms & Conditions is unenforceable or void either in whole or in part for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of this document.

The laws of New South Wales govern this Contract.