This Agreement is a contract between the customer ("you") and Liquorland Australia Pty Ltd ABN 82 007 512 414 ("vintagecellars.com.au"), registered office, 800 Toorak Road, Tooronga, Victoria.

All orders are processed and distributed by Liquorland Australia Pty Ltd ABN 82 007 512 414. Our offers are transmitted from our licensed premises at 388 Military Road, Cremorne, NSW 2090 (Licence number 350741); Shop 1, 2 The Centre Way, Mount Waverley, 3149 (Licence number 32004408); 27 Cavenagh Street, Darwin, NT, (Licence No. 81000258); 10 Sylvan Road, Toowong, QLD 4066 (Licence No. 80057); 95 Nicholson Road, Shenton Park, WA (Licence No. 6030003046); 245 Unley Road, Malvern, SA (Licence No. 50400828).

Persons under 18 years of age are not permitted to place orders for alcohol.

vintagecellars.com.au supports the responsible service of alcohol.

The terms and conditions under which you may purchase products from vintagecellars.com.au are set out below.

Please read the following terms and conditions carefully before placing your order with vintagecellars.com.au.

By completing the customer application process and using the vintagecellars.com.au service, you acknowledge that you have read and understood these terms and conditions and agree to be bound by the terms and conditions of this Agreement.

"Agreement" means an agreement between you and vintagecellars.com.au to supply Goods. The Agreement consists of the Order and these Conditions.

"Conditions" means these Conditions and any agreed written variations.

"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.

"Goods" means Goods described in an Order and includes packaging.

"Intellectual Property Rights" includes all rights in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise.

"Licensed premises " means Liquorland Australia Pty Ltd's licensed premises at 388 Military Road, Cremorne, NSW 2090 (Licence number 350741); Shop 1, 2 The Centre Way, Mount Waverley, 3149 (Licence number 32004408); 27 Cavenagh Street, Darwin, NT, (Licence No. 81000258); 10 Sylvan Road, Toowong, QLD 4066 (Licence No. 80057); 95 Nicholson Road, Shenton Park, WA (Licence No. 6030003046); 245 Unley Road, Malvern, SA (Licence No. 50400828), referred to jointly and severably as the context requires.

"Order" means an order by you to purchase Goods from vintagecellars.com.au.

"Personal Details " includes, but is not limited to your name, Delivery Address and payment details.

"Product List" means the list of Goods displayed on the vintagecellars.com.au website as amended from time to time.

"Service Fee" means the fee payable to vintagecellars.com.au in respect of delivery of the Goods and handling costs associated with processing your Order as advised by vintagecellars.com.au from time to time.

The entire Agreement between you and vintagecellars.com.au for the purchase of Goods by you from vintagecellars.com.au is:

(a) these Conditions; and (b) the terms of the Order.

The Agreement exists between you and vintagecellars.com.au once vintagecellars.com.au receives and accepts an Order at its Licensed Premises. No obligation to sell or supply the Goods will arise until the Order is received and accepted at Licensed Premises. Each order may be accepted by vintagecellars.com.au in its absolute discretion. vintagecellars.com.au is authorised to unconditionally appropriate the liquor to the Order at the Licensed Premises on acceptance of the Order. Each Order is a separate agreement.

If you owe money to vintagecellars.com.au under one agreement, vintagecellars.com.au may set-off that money against any money that you owe to vintagecellars.com.au under another agreement. If vintagecellars.com.au owes money to you under one agreement vintagecellars.com.au may set-off that money against any money that it owes you under another agreement.

In order to purchase Goods from vintagecellars.com.au, the Delivery Address which you nominate will need to be within a location where vintagecellars.com.au provides delivery services. vintagecellars.com.au will advise you if the Delivery Address which you nominate ceases to be in an area where vintagecellars.com.au delivers goods. vintagecellars.com.au will not be obliged to continue to deliver Goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not in an area within which vintagecellars.com.au delivers goods.

You will place an Order with vintagecellars.com.au by:

(a) selecting Goods on vintagecellars.com.au's website, entering your Personal Details and pressing the "submit for processing" button; or

(b) selecting Goods and instructing vintagecellars.com.au by telephone that you wish to purchase the Goods, and providing your Personal Details to vintagecellars.com.au; or

(c) selecting Goods and instructing vintagecellars.com.au by facsimile that you wish to purchase the Goods, and providing your Personal Details to vintagecellars.com.au; or selecting Goods and instructing vintagecellars.com.au by regular mail that you wish to purchase the Goods, and providing your Personal Details to vintagecellars.com.au.

(d) selecting Goods and instructing vintagecellars.com.au by regular mail that you wish to purchase the Goods, and providing your Personal Details to vintagecellars.com.au.

Anyone at the Delivery Address who receives the Goods shall be presumed by vintagecellars.com.au to be authorised to receive the Goods on your behalf. vintagecellars.com.au may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. vintagecellars.com.au will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years or to persons who fail to provide proof of age satisfactory to vintagecellars.com.au that the person is aged eighteen (18) years or over.

vintagecellars.com.au is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:

(a) to the adult person who placed the Order, or

(b) to another adult person at those premises who undertakes to accept it on your behalf, or

(c) 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.

The person responsible for delivering liquor may refuse to deliver the liquor to any person who fails to provide proof of age satisfactory to the person responsible that the person is aged eighteen (18) years or over.

If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered vintagecellars.com.au may charge you and you may be required to pay an additional fee.

Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address.

For purchases made online and via our Customer Service Centre – if the product you receive is tainted, damaged or you receive incorrect product* call us on 1300 366 084 or email customerservice@vintagecellars.com.au within two weeks of receiving your order.

We will arrange to pick up the stock and organise a refund of the purchase price for tainted, damaged or incorrect product, and any subsequent bottles that are returned in their original condition or we will organise delivery of replacement product. Delivery costs will only be refunded if the product shipped is a result of our error. Please make sure that you include with the products the original packing slip and that the product is securely wrapped.

* Please note: where a wine vintage is not available another vintage maybe substituted.

Subject to clause 6.2 the price you shall pay for the Goods shall be the price specified on the Product List. you also agree to pay the delivery and handling fee (when applicable) in respect of each Order and all taxes, including goods and services tax, which vintagecellars.com.au is required to collect from you.

vintagecellars.com.au's prices are subject to variation without notice. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.

(a) Payment of Order

You may use your credit card (MasterCard, Visa, American Express, Diners, Coles Group Card and Coles Group Source MasterCard). Cheques, Money Orders and cash payments are not accepted as method of payment. Payment must be cleared before the goods are dispatched.

(b) Corporate Customer Account

You may make an application to set up a corporate customer account with vintagecellars.com.au. If your application is accepted you will be required to sign vintagecellars.com.au standard terms and conditions which will include details in relation to acceptable payment methods.

vintagecellars.com.au will not provide rainchecks in respect of Goods ordered by you.

vintagecellars.com.au will use its best endeavours to ensure that all Goods ordered by you are supplied to you. If the goods ordered by you are not readily available in stock, whenever possible vintagecellars.com.au will offer to you a comparable product of equal or greater value.

vintagecellars.com.au aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List are for illustrative purposes only. vintagecellars.com.au does not warrant the accuracy of information contained on the Product List and recommends that you read the label on Goods carefully before consuming the Goods.

You are licensed to use the vintagecellars.com.au website on your computer for your use in purchasing Goods from vintagecellars.com.au. You acknowledge that you are not permitted to make any other use of the vintagecellars.com.au website unless given prior written authorisation by vintagecellars.com.au.

9.1 You acknowledge that vintagecellars.com.au or its related corporations own or are licensed to use all Intellectual Property Rights in vintagecellars.com.au (including, but not limited to, any images, photographs or text which appears on the website). You agree that you will make no representation to the contrary, and that you must not use or copy vintagecellars.com.au in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.

9.2 You acknowledge that any trade marks or logos which appear on the vintagecellars.com.au website are owned by or licensed to vintagecellars.com.au or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

10.1 You acknowledge that vintagecellars.com.au service is provided "AS IS" and that vintagecellars.com.au is not making and has not made any warranty or representation as to vintagecellars.com.au's suitability of Goods for any particular purpose.

10.2 To the extent permitted by law, you agree that any liability of vintagecellars.com.au arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you through use of vintagecellars.com.au will be limited to:

(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and

(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

10.3 You agree that the entire risk arising out of installation, downloading, use or performance of vintagecellars.com.au remains with you. To the extent permitted by law, you release and discharge vintagecellars.com.au and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with vintagecellars.com.au or this Agreement, including, without limitation, loss or damage caused by the negligence of vintagecellars.com.au or its related corporations.

If you are issued with a PIN or password by vintagecellars.com.au you agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and forever indemnify vintagecellars.com.au in relation to any liability howsoever arising out of the unauthorised use of your PIN or password.

vintagecellars.com.au may add to, delete, or otherwise change any of the terms of this Agreement. vintagecellars.com.au will notify you of any substantial changes to these terms & conditions as provided in clause 15. Your use of the vintagecellars.com.au service after notice will constitute your deemed acceptance of such changes.

For details on the vintagecellars.com.au Privacy and Security Statement, please click here or refer to the Privacy & Security Hyperlink on the Home Page

vintagecellars.com.au may terminate this Agreement at any time by delivering notice (as specified in clause 15) or by sending you a system message advising that your shopping privileges have been removed. If this occurs, please contact the vintagecellars.com.au customer service centre on 1300 366 084. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.

vintagecellars.com.au may give notice to you by electronic mail or by regular mail to your address contained in the membership registration information provided by you. You may give notice to vintagecellars.com.au by electronic mail to wineclub@vintagecellars.com.au

All specials, promotions, clearances, offers and discounted items advertised on the vintagecellars.com.au website are available only while stocks last unless otherwise advertised. All terms and conditions of specials, promotions, clearances, offers and discounted items advertised on the vintagecellars.com.au website shall apply.

Promotions not available in all areas.

Please note each case of beer incurs a delivery charge. If you have included 2 or more cases of beer in your order, each case will incur a freight charge.

To accommodate changes to Queensland and ACT tobacco laws, Vintage Cellars Wine Club Cellar Shares are not awarded for purchases of tobacco and related products in Queensland and ACT.

Due to liquor licensing restrictions on the ssale of certain goods and during particular times in some locations, vintagecellars.com.au reserves the right not to sell certain products to any person to which, or in any location where, the sale of certain products is restricted or prohibited.

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

The laws of Victoria govern this Agreement.