Terms and Conditions
Terms and Conditions
When you shop with United Cellars you can trust that you'll never drink bad wine again, and if you don't love your purchase, we are here to look after you.
At United, we believe our brand promise should be more than a statement, something that people truly experience so when we commit to you "The Greatest Wine Experience" then we have to do everything in our power to make this happen, from advice from our wine dealers to the delivery to your door. Ultimately we know that once you open that bottle of wine the "experience to follow should speak for itself." We believe in delivering to you top quality products, at the market lowest prices with a high level of personalized service all the way from choosing the right wine to ensuring its safe delivery to you. In keeping our promise to you, we offer:
That's really all you need to know, but if you're one for finer details, read on…
What this Agreement Covers
This website is owned and operated by United Cellars Australia Pty Ltd (Sydney office) and related entities, including United Cellars New Zealand pty Ltd (Auckland based Company)
THESE TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME.
Your use of this website or purchase of any product or service from United Cellars constitutes acceptance of these Terms by you ("User" or "Customer").
UNITED CELLARS Terms and Conditions
This website is owned and operated by United Cellars Australia Pty Ltd (“United Cellars”)
United Cellars may alter these Terms from time to time by posting the altered version on this website. You should visit the website regularly to keep up to date with any alterations. By continuing to use this website, you accept the Terms current at the time you access and use it.
If you have any questions or need clarification on any issue please contact our friendly customer service team on 1300 226 835, 9am to 5pm EST.
UnitedCellars.com.au and its related domains are operated by United Cellars Australia. Sale of wines through unitedcellars.com.au is made under New South Wales liquor licence P770010144.
All United Cellars clients use its services at their own risk. United Cellars uses its best endeavours to ensure the supply of its services are of the highest standard. However the supply of these services, including any fault of these services, whether the services are deemed to be in the control of United Cellars or a third party acting for United Cellars, are not guaranteed by United Cellars.
United Cellars, like all online businesses, is dependent on third parties for the guarantee of its infrastructure and services. Notwithstanding, United Cellars will use its best endeavours to ensure the availability and accuracy of its services including its website but makes no warranty that continuous access or accuracy can or will be available at all times.
Likewise, United Cellars members and the users of its services more generally are dependent on their chosen third-party IT service suppliers (ISP, operating system, computer hardware etc.) for the quality, effectiveness and fault of their use of United Cellars services.
Consequently, should United Cellars services become unavailable or faulty, for whatever reason, while every effort will be made to rectify the services under United Cellars control and the services controlled by United Cellars third party suppliers in a timely manner, and all due care taken, United Cellars takes no responsibility for any losses or inaccuracy incurred by its members including as a result of being unable to bid at auction or access our website.
Should a situation arise which prevents any of United Cellars members bidding in an auction, at its sole discretion, United Cellars will continue the auction beyond its advertised closing and close it at a time and date between at least 24 hours and no more than 7 days after the original closing time and date. Should United Cellars, at its sole discretion, decide to postpone the closing time and date of an auction it will notify its customers by email of such arrangements.
"Agreement" means an agreement between you and United Cellars to supply Goods. The Agreement consists of the Order and these Conditions.
“Auction” means the sale of Goods by United Cellars by live auction using the Website.
“Buyer's Premium” means the amount paid by the Buyer to United Cellars on the purchase of wine at auction, being a set percentage of 16.0% (GST inclusive) or such other percentage as indicated on our Website from time to time or by prior agreement in writing.
“Catalogue” means a catalogue prepared by United Cellars listing wine to be sold at Auction.
“Commission” means the amount paid by the Seller to United Cellars on the sale of Goods through Auction, which is calculated as 14% (inclusive of GST) and of the Hammer Price at a minimum $3 per unit with a or such other percentage as specified on our Website from time to time.
"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.
“Hammer Price” means the price successfully bid for and to be paid by the Buyer for a Lot sold at Auction.
"Intellectual Property Rights" includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise.
“Lot” means any Goods deposited with United Cellars with a view to its sale at Auction; in particular, the item or items described against any lot number in any Listing.
"Licensed premises " means United Cellars Australia Pty Ltd's licensed premises at L7, 140 William St, Woolloomooloo NSW 2011 (Licence number 770010144); Level 11, 50 Pirie St South Australia SA 6003 referred to jointly and severally as the context requires.
"Order" means an order by you to purchase Goods from United Cellars.
"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 United Cellars website as amended from time to time.
“Purchase Price” means the prior Hammer price plus any Buyer’s Premium.
"Service /delivery Fee" means the fee payable to United Cellars in respect of delivery of the Goods and handling costs associated with processing your Order as advised by United Cellars from time to time.
“Seller” means a person selling Goods through the Website, including by Auction and in the Wine Store.
What is the Agreement
The entire Agreement between you and United Cellars for the purchase of Goods by you from United Cellars is:
(a) these Conditions; and (b) the terms of the Order.
The Agreement exists between you and United Cellars once United Cellars 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 United Cellars in its absolute discretion. United Cellars 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.
Free registration on this website provides the ability to store frequently used information such as wine queries and personal information used to speed check-out.
Upon registration, User must provide a working email address or mobile phone and a password. User, or user's authorized representative, must ensure that these remain confidential at all times and agrees that User is solely and entirely responsible for all activities which occur under User email address and password. User must notify UNITED CELLARS immediately if User becomes aware of any unauthorized use of User email address and password. Each User email address or phone number and password must be used by a single user and/or User's authorized representative(s) and is not transferable. UNITED CELLARS may suspend or terminate access to an account if it suspects unauthorized or improper use.
As a condition of use of this website, User expressly agrees not to use the website or other Internet services provided by UNITED CELLARS for any purpose that is unlawful or prohibited by these Terms. User agrees to abide by all applicable local, state, national, and international laws and regulations. User agrees that User is solely responsible for all acts or omissions that occur under User's account including the content of transmissions through UNITED CELLARS's service.
Without UNITED CELLARS's prior written consent User may not reproduce, distribute, modify, create or display derivative works based on, repost or otherwise use the content of this website. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right.
User agrees not to:
- attempt to access this website or any of its content if User is under the legal drinking age of the jurisdiction from which User accesses this website;
- upload, post or otherwise transmit through or to this website any content that:
- is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
- might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
- contains any computer viruses or any other harmful programs or elements;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this website, its computer systems, servers or networks;
- provide false information about User to United Cellars, impersonate any other person, or otherwise attempt to mislead others about User's identity or the origin of any content, message or other communication;
- transmit junk mail, chain letters, or other unsolicited bulk email or duplicative messages;
- collect information about other visitors to United Cellars website(s) without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
- sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by United Cellars;
- redistribute any content, including reviews, provided by United Cellars in any manner whatsoever including by means of printed publication, fax broadcast, mobile devices, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method;
United Cellars reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.
"Upload" means to post, enter, or otherwise provide to this website. "Contribution" means any tasting notes, comments, photos, data, or other information or materials that a user Uploads and is either displayed solely to the User or publicly. "User owned Contribution" means a Contribution that User, rather than a third party, owns.
By Uploading any Contribution, User represents and warrants that User has the right to Upload that Contribution. User will not Upload any Contribution that User does not have the right to Upload.
United Cellars will provide a means by which User may designate that a Contribution is not a User-owned Contribution. Users will make all such designations appropriately and accurately; absent such designation, United Cellars may rely upon User's warranty that the Contribution is a User-owned Contribution.
User hereby grants United Cellars an irrevocable, perpetual, worldwide, fully-paid, non-exclusive license to create derivative works of each User-owned Contribution and to use, reproduce, modify, adapt, publish, perform and display the User-owned Contribution and its derivative works, so long as User is not identified as the source thereof; provided, however, that if User authorizes United Cellars to identify User as the source, then User will be so identified. User represents and warrants that User has the right to grant the foregoing license.
Users acknowledge that United Cellars has no obligation to screen, and does not screen, Contributions when they are Uploaded. United Cellars will not maintain or utilize Contributions after they have been deleted by the User. Exceptions to this are wine label photo contributions that have been verified by our data team and made available to all Users.
If you bid on a Lot you make an irrevocable offer to buy the Lot at the price bid. Bids received by United Cellars will be processed by United Cellars. Except as otherwise provided in this clause, the current highest bid for each Lot will be posted on the Website.
Bids must be received by the closing time on the closing day of the Auction as notified in the Catalogue and on the Website. All time is as specified, being Australian Eastern Time (AET).
United Cellars has the right, at its absolute discretion, to refuse any bid and to advance the bidding (including through vendor bids) as it may determine.
United Cellars reserves the right to withdraw any Lot from the sale (including after any bid(s) has been made or where a Lot is purchased in the Wine Store prior to any bid) or to combine any two or more Lots at any time.
All prices are in Australian dollars, unless otherwise stated.
A Lot cannot be divided and the successful bidder must take the Lot as offered.
United Cellars uses AutoBid technology to process and monitors all bids placed on the Website. It only posts bids to the Website when that bid is AUD$1 more than the next highest bidder. If a Buyer is outbid before the close of the bidding for a particular Lot then United Cellars, using its Automated system, notifies the prospective Buyer(s) by email accordingly and offers the prospective Buyer(s) an opportunity to make another bid(s).
United Cellars technology ensures that, regardless of the maximum bid the Buyer makes on a given Lot, the Buyer pays only AUD$1 more than the next highest bidder. For example, if the Buyer bids AUD$100 and the next highest bid is AUD$100 the Buyer pays only AUD$111.
Except where explicitly permitted by United Cellars (in its discretion as an auctioneer), a Seller is prohibited from placing bids or arranging to have bids placed on behalf of the Seller in respect to Goods that it offers for sale. A Seller can bid on any other Lots (not owned by it) in the Auction.
An Auction of a Lot may or may not have a Reserve. Whether or not a Lot has a Reserve will not be disclosed. If a Lot has a Reserve, it will not be sold at Auction until a Buyer bids at or above the Reserve. If the Lot is passed in as a result of bidding failing to reach the reserve, the highest bidder may, in United Cellars absolute discretion, be given an exclusive opportunity, available for a period of 12 hours after closing of the Auction, after which time it will expire to purchase the Lot at Reserve. At United Cellars Absolute discretion this maybe extended to 24hrs.
If you owe money to United Cellars under one agreement, United Cellars may set-off that money against any money that you owe to United Cellars under another agreement. If United Cellars owes money to you under one agreement United Cellars may set-off that money against any money that it owes you under another agreement.
Confirmation of wine purchases
For wine currently available for purchase, Customer may order online, over the phone, or by sending an email. However, no order shall be considered confirmed until Customer has fully paid by credit card (or made other arrangements) and received an email or other written confirmation.
Title of ownership
Title ownership of a wine purchase is transferred from UNITED CELLARS to Customer when the wine has physically arrived and has been fulfilled to Customer's account by warehouse operations.
Customer's wine purchase may still reside in a UNITED CELLARS warehouse in storage or it may be awaiting shipment, pick-up, or delivery. Please note: Unless Customer has already obtained wine insurance coverage through his/her insurer or elects optional insurance from UNITED CELLARS pursuant to the Storage Section, paragraph ix below. CUSTOMER WINE IS NOT INSURED ONCE IT IS FULFILLED.
Cellar Release (Old and Rare Wines)
If UNITED CELLARS source an old and rare wine from private collections or auction then there are no refunds on the wine. Please note, all Cellar Release purchases are FINAL SALE.
Pre-arrivals / Futures / En Primeur purchases
Wine sold by UNITED CELLARS may be offered on a pre-arrivals or futures/En primeur basis. This means that UNITED CELLARS is not yet in physical possession of the wine at the time it is sold to Customer, even though UNITED CELLARS has a purchase commitment with a supplier that matches its sale to Customer. Most wines normally arrive within a few months of the purchase with some notable exceptions such as newly offered Bordeaux futures/En Primeur which may arrive as much as 2-3 years after they are initially offered.
Upon the arrival of the wine and a satisfactory inspection by United Cellars, UNITED CELLARS will update the order status automatically and trigger an email and or SMS notification to Customer.
The estimated time for a pre-arrival wine to arrive is displayed on the website when ordering. The time period indicated represents our best estimate based on information provided to us by our suppliers at the time of UNITED CELLARS's purchase or subsequently. Occasionally, the original estimate may be extended based on new information we receive. We understand this can be frustrating but UNITED CELLARS does not control all variables which affect timing of delivery. For example, a producer may defer a release beyond its original anticipated date. Please be assured that delivery of your wine is guaranteed.
However, UNITED CELLARS shall not be liable for Customer expenses caused by delivery delays (e.g., credit card finance charges) as no promise of delivery by a given date can be made with certainty.
Customers can cancel up to 30 days after initial acceptance. If they cancel after that date but before the delivery date, then there is no refund, only store credit is available. If they are unable to complete the transaction, then we reserve the right to charge storage on the wines until they pay.
Guarantee of pre-arrival delivery / En Primeur
It may occur that a supplier of United Cellars is unable to deliver the quantity or bottle sizes originally sold to United Cellars which it has then sold to Customer. From the date such a supplier default is determined; United Cellars guarantees it will attempt to repurchase the wine from another source (for up to three months) to fulfill its commitment to Customer. If, however, Customer wishes to cancel the order without waiting for a replacement to be found, or United Cellars is unable to source the wine within 3 months at a total cost equal to or below the original retail price paid by Customer, United Cellars will refund the original amount paid, including taxes if Taxes have been charged (without any cancellation fee applied). This guarantee does not apply to delays in pre-arrival deliveries as expected arrival dates provided at the time of purchase are only United Cellars 's best estimates.
Bonded Products and Cellar Storage
United Cellars offers clients access to Bonded Storage in Europe and other locations from time to time.
These state-of-the-art, secure, bonded warehouses are strictly controlled environments: temperatures are regulated to within half a degree, and movement of stock is kept to a minimum. Before entering the warehouses, bottles and their original packaging are assessed, checked, and gently acclimatised to ensure we can guarantee the perfect condition of everything we store. All wines stored in these locations are insured by United Cellars under their group policies. Clients utilizing these facilities will be charged fees for this storage.
To be eligible for storage in our warehouses, cases must be complete and in their original packaging. We can only accept wines from registered and validated suppliers and or wineries.
Wines purchased from United Cellars can be stored (by the complete unmixed case) in our cellars and are recorded in the customer’s own name separately from United Cellars stock. The cost is charged per dozen bottles (75cl) or part thereof (or the equivalent in other sizes) and is payable annually in advance. Our current standard storage charge is $0.65 (inc. GST) per bottle per month; Cellar Plan and Black card members benefit from a reduced charge of $0.45 (inc. GST) per bottle per month. Both rates include GST where applicable.
Black card members are offered 5 cases of free storage per year for wines purchased from United Cellars directly.
A pro-rata monthly charge is made to enter wines into Private Reserves at the time of purchase to cover the initial period; thereafter the annual charge is payable in advance. United Cellars reserves the right to increase the annual charge on giving prior notice of not less than 30 days to the customer. Photographs of the wine in your reserves can be provided and will be charged at $12 per case, regardless of case size.
The minimum annual charge for storing wine with United Cellars is $41.40. This amount can be used to cover rent for the first three 12-bottle cases (or equivalent) that you have in your Private Reserve, including any under-beneficial ownership.
Customers can ask to receive annual notification of the maturity of wines with further advice and valuations available on request. When withdrawing stock, delivery within the Australian mainland is free on Standard and Specified Date services provided the consignment is of at least one unmixed case and the customer is a current and up to date Blackcard member. In case, where the client is no longer a blackcard member then Standard charges for freight apply.
Where part of a case is delivered, a $10 administration charge will be applied to each part-case delivered per delivery address.
Premium delivery services (Next Working Day, Saturday, and Pre-10am) are chargeable at the prevailing rate. Please note Next Working Day, Saturday, Specified Date and Pre-10am delivery services are not available at this moment.
Please contact us for details. We require three working days’ notice for duty-paid wines or five working days’ notice for bonded reserves if wines are being collected. If stock is withdrawn within a month of the rent invoice date the rental charge will be refunded.
Any wines stored in an overseas bonded warehouse will be available on request, with a minimum of 10 working days' notice required. Access to this stock is strictly limited and is only available if the wines in storage are paid in full.
Wine and Spirit plans/ Subscriptions
Trial Wine and/or Spirits plans or subscription: We may offer you a free or discounted trial Plan or Subscription (TRIAL Plan or Subscription) to make sure it is right for you. A Trial Plan or Subscription can change at any time without notice and may be subject to delivery charges as set out on the Site. We have the right to terminate any Trial Plan or Subscription if you are found to be misusing the Site or in breach of these Terms. If you do not cancel during the Trial Plan or Subscription, your Plan or Subscription will start once your Trial Plan or Subscription ends. You acknowledge that a Trial Plan or Subscription can only be granted once per person, once per credit card, and once per delivery address.
When you place an order for a Plan or Subscription, you must choose a Level of Plan or Subscription and each Level includes products of different price-points, and different periods (e.g. 1 month, 3 months, 6 months).
Your Plan or Subscription will automatically renew each billing cycle based on your chosen plan or Plan or Subscription. You will be charged for each order on the calendar day corresponding to when you first placed your order for your plan or Plan or Subscription (BILLING DAY).
The selection of products to be included in each order under your Wine/Spirit plan or Plan or Subscription (PRODUCT MIX) will be notified to you in writing 4-5 days prior to your Billing Day. The Product Mix will either be:
- made by you based on the selection available on the Site or via call centre;
- made by us based on your preferences shared with us on the Site or via recommendation in the call centre.
Once you receive the details of a Product Mix, you have until your Billing Day to notify us in writing if you wish to make any changes to the Product Mix.
Changing, upgrading, downgrading and canceling your Wine/Spirits plan or Plan or Subscription
You may change the frequency of your Plan or Plan or Subscription at any time by updating your account on the Site or via the call centre (for example changing from 3 monthly to monthly).
You may upgrade or downgrade your plan or Plan or Subscription to another Level at any time in the account page/ manage Plan or Subscription (or similar) and the upgrade or downgrade will become effective on the next Billing Day. The payment method linked to your account will automatically be charged the Plan or Subscription fee for your new Plan or Plan or Subscription Level on your next Billing Day.
Your Plan or Plan or Subscription automatically continues until canceled in accordance with the ‘Cancellation’ clause.
To the extent that the supply of services under this Agreement is a taxable supply the Purchase or Sale Price shall be increased by an amount equal to any GST (Goods & Services Tax) that United Cellars is liable to pay in respect of those goods or supply.
The Seller or Buyer's obligation to pay GST on the goods or services that are taxable supplies is subject to United Cellars providing a tax invoice for those goods or services. GST rate is 10% which is added to all commissions charged.
United Cellars freight, insurance and cellarage charges also attract GST and all prices quoted are also GST inclusive.
The application of the GST can be summarised as follows:
Trade Seller (GST registered)
GST is included in the Hammer and/or Exchange Price. Commission, Buyer's Premium, freight & insurance will also attract GST. The Seller must remit the GST component of the sale of goods to the government and can claim input tax credits on the GST applicable to our fees.
Trade Sellers need to supply United Cellars with their ABN. We will only collect GST on behalf of the Seller if we are advised at receipt of stock, or notified prior to the printing of our catalogue. It is the responsibility of the Seller to notify us of their GST status prior to our catalogue deadlines.
On completion of a sale, United Cellars will issue, when relevant, a Tax Invoice to Buyers of GST-affected lots. The GST collected from these Buyers will be passed on to the Trade Seller. This should be remitted by the Trade Seller (with a GST return) to the Australian Taxation Office.
If the Buyer of Goods purchased at Auction does not pay the Total Purchase Price within 30 days of the close of Auction then United may cancel the sale and either return the Goods to the Seller or, if the Seller elects to do so, re-sell the Goods. All costs incurred by United in respect to such a re-sale shall be paid by the Buyer. Where such a Buyer Default occurs, the Buyer may also be liable to United for other costs pursuant to clause 19.
Trade Buyer (GST registered)
The Hammer and/or Exchange Price is inclusive of GST. GST registered Trade Buyers can claim the GST input credits for all purchases. Commission, Buyer's Premium, freight & insurance also attract GST. Trade Buyers can claim input credits on the GST applicable to our fees.
United Cellars wine listings cater for GST registered Trade Buyers. GST claimable wines are specifically noted with a GST icon in our Auction and Exchange listings. United Cellars online search engine (available at Search/Advanced Search on our website) provides a list of all GST claimable wines on sale at Auction.
GST is not charged on the Purchase or Sale Price. Commission, Buyer's Premium, freight & insurance do attract GST (inclusive in United Cellars charges).
GST is not charged on the Purchase or Sale Price. Commission, Buyer's Premium, freight & insurance do attract GST (inclusive in United Cellars charges).
The expressions 'GST', 'supply', 'taxable supply', and 'tax invoice' have the same meaning as in A New Tax System (Goods and Services Tax) Act, 1999.
In order to purchase Goods from United Cellars, the Delivery Address which you nominate will need to be within a location where United Cellars provides delivery services. United Cellars will advise you if the Delivery Address which you nominate ceases to be in an area where United Cellars delivers goods. United Cellars 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 United Cellars delivers goods.
You will place an Order with United Cellars by:
(a) selecting Goods on United Cellars's website, entering your Personal Details and pressing the "submit for processing" button; or
(b) selecting Goods and instructing United Cellars by telephone that you wish to purchase the Goods, and providing your Personal Details to United Cellars; or
(c) selecting Goods and instructing United Cellars by facsimile order that you wish to purchase the Goods, and providing your Personal Details to United Cellars; or selecting Goods and instructing United Cellars by regular mail that you wish to purchase the Goods, and providing your Personal Details to United Cellars.
(d) selecting Goods and instructing United Cellars by regular mail that you wish to purchase the Goods, and providing your Personal Details to United Cellars.
Authorised Receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed by United Cellars to be authorised to receive the Goods on your behalf. United Cellars may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. United Cellars 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 United Cellars that the person is aged eighteen (18) years or over.
United Cellars 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.
Additional Delivery Fee
If there is no one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered United Cellars may charge you and you may be required to pay an additional fee.
Pick Up requirements
Only selected Goods, as specified on the Website, may be picked up by the Buyer from selected locations. Where pick up is available, Buyers must advise United Cellars through the Website at the time of purchase whether they wish to pick up the goods or have them delivered.
Pick-up is available from the locations as shown on the Website. During the ordering process, you need to select a store from which you will collect the order. Our standard delivery time frames and charges apply to each Pickup order.
You agree to comply with certain collection requirements specified in this clause 16 and such other requirements that we notify you when you place your Pick up order through the Website:
You must collect your goods from the store selected by you when you place your order;
Photographic identification and a signature must be provided when you collect your Goods; and
If you will not be the person collecting your Goods then your representative must provide us with proof of their identity (including photographic identification) and, where relevant, age.
If you or your representative do not supply the appropriate identification, we will not allow the collection of the products you have ordered.
You agree to ensure that the person collecting any liquor or other relevant restricted products is over the age of 18 years or such other minimum age as prescribed by law
Risk and Title
Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address, subject to the goods being paid in full.
Returns and Refunds
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 226 835 or email firstname.lastname@example.org 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.
Gift Cards and Gift Wrapping or engraving are non-refundable.
* Please note: where a wine vintage is not available another vintage may be substituted.
Price of goods and payment
Price of Goods
Subject to Substitution policy 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 United Cellars is required to collect from you.
United Cellars'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.
Methods of payment
(a) Payment of Order
You may use your credit card (MasterCard, Visa, American Express, Diners), Cheques, Paypal, Money Orders, and cash payments are accepted as methods of payment.
Payment must be cleared before the goods are dispatched.
Where the total Hammer Price for Lots won by a Buyer at an Auction the Buyer's designated credit card will be charged the amount owed, being the Total Purchase Price (specifically Hammer Price plus Buyer's Premium), immediately following close of the Auction.
Where the total Hammer Price for Lots won by a Buyer at an Auction is over $5,000. The Buyer must notify United Cellars of the Buyer's preferred payment method (bank cheque, direct debit, BPAY or designated credit card) within four (4) days following close of the Auction.
The payment must be made by the Buyer to United Cellars within 14 days of the close of the relevant Auction. Private cheques are acceptable but Goods will not be released until cheques have been cleared; and
If a Buyer fails to notify United Cellars of the preferred payment method within the 3 business days , United Cellars may charge the Buyer's designated credit card for the Total Purchase Price.
If United Cellars has to take action to recover monies from a Buyer then the Buyer agrees to pay all United Cellars recovery costs (including legal costs) and expenses.
United Cellars will deduct Commission (calculated as a percentage of the Hammer Price) from the Hammer Price of the Lot sold and remit the balance of the Hammer Price to the Seller within 10 business days of the Auction, subject to receiving payment for the Lot in cleared funds from the Buyer.
Auction Buyer Default
If a Buyer fails to pay for any goods within 30 days of the close of auction or the date of purchase from the Wine Store, United Cellars shall, without further notice to the Buyer, and without prejudice, to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies:
Seek recovery from the Buyer for the cost of the Goods, interest costs, expenses, and damages for breach of contract;
Rescind the sale of that or any other Lots sold to the Buyer;
Resell the Lot or cause it to be resold by public or private sale. Any deficiency in the price from such resale together with the full costs incurred in connection with the resale shall be payable to United Cellars by the Buyer;
Store the Lot or cause it to be stored, whether at its own premises or elsewhere, at the sole expense of the Buyer and release the Lot only after payment in full of the Total Purchase Price, the accrued cost of removal, storage and insurance, and all other costs incurred in connection with the Lot;
Charge the Buyer interest on the Total Purchase Price at the rate of 3% above the 90-day bank bill swap rate published by the Reserve Bank of Australia for each day that it remains unpaid for more than 30 days from the date of the close of auction or the date of purchase from the Wine Store;
Retain that and any other Lot sold to the Buyer and release the same only after payment of the Total Purchase Price; and
Set off any amount due or becoming due to the Buyer against settlement of the Total Purchase Price and costs and expenses and United Cellars shall be entitled to a lien on any property of the Buyer which is in United Cellars' possession until all monies owing to United Cellars by the Buyer have been paid in full.
Auction Seller Default
If the seller does not own the Goods and or have clear title to the Goods and/or provides misleading and deceptive information about the Goods to United Cellars then, without prejudice to any other rights or remedies United Cellars may have:
If the Goods have not been sold, United Cellars may withdraw the Goods from sale and return them to the Seller upon payment by the Seller of any and all reasonable costs of United Cellars associated with obtaining and assessing the Goods for sale and returning them to the Seller;
If the Goods have been sold but not delivered to the Buyer, United Cellars may terminate the sale contract with the Buyer, refund to the Buyer any monies paid by the Buyer and return the Goods to the Seller upon payment by the Seller to United Cellars of any and all reasonable costs of United Cellars associated with obtaining and assessing the Goods for sale and returning them to the Seller; and
If the Goods have been delivered to the Buyer, where possible United Cellars may recover the Goods and refund to the Buyer any monies paid by the Buyer. The Buyer shall have no claim upon United Cellars in respect to the Goods save for receiving the refund of any monies paid for the Goods.
Wine, Spirits Plans or subscription
In the event of a Wine and or spirits plan or Subscription:
You must pay us the fee for your Plan or Subscription and any other amount payable to us under these Terms (Plan or Subscription Fee), without set-off or delay via credit card or any other payment methods set out on the Site or via call centre;
You must pay us the Plan or Subscription Fee in advance of the next billing cycle on your Billing Day.
You are responsible for reviewing the pricing schedule, inclusions, and exclusions associated with your Plan or Subscription.
(b) Corporate Customer Account
You may make an application to set up a corporate customer account with United Cellars. If your application is accepted you will be required to sign United Cellars standard terms and conditions which will include details in relation to acceptable payment methods.
Out of stock & Substitution
United Cellars will not provide rainchecks in respect of Goods ordered by you.
United Cellars 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 United Cellars will offer to you a comparable product of equal or greater value.
Packaging and Labelling of Goods
United Cellars 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 is for illustrative purposes only. United Cellars 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 United Cellars website on your computer for your use in purchasing Goods from United Cellars. You acknowledge that you are not permitted to make any other use of the United Cellars website unless given prior written authorisation by United Cellars.
Intellectual Property rights
You acknowledge that United Cellars or its related corporations own or are licensed to use all Intellectual Property Rights in United Cellars (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 United Cellars in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
You acknowledge that any trademarks or logos which appear on the United Cellars website are owned by or licensed to United Cellars or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.
You acknowledge that United Cellars service is provided "AS IS" and that United Cellars is not making and has not made any warranty or representation as to United Cellars's suitability of Goods for any particular purpose.
To the extent permitted by law, you agree that any liability of United Cellars 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 United Cellars 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.
You agree that the entire risk arising out of installation, downloading, use or performance of United Cellars remains with you. To the extent permitted by law, you release and discharge United Cellars, its related corporations, its officers, directors, owners, employees, agents, information providers, affiliates, partners, licensors and assigns 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 United Cellars or this Agreement, including, without limitation, loss or damage caused by the negligence of United Cellars or its software or its related corporations.
UNITED CELLARS reserves the right, at UNITED CELLARS's own expense, to assume the exclusive defense and control of any matter for which User is obligated to indemnify a UNITED CELLARS Party, and User agrees to cooperate with UNITED CELLARS's defense of these matters at no cost to UNITED CELLARS.
The foregoing obligations of User are hereinafter collectively referred to as "Indemnity Obligations." Indemnity Obligations shall survive, for a period of five (5) years, after the latest of a product sale or termination of United Cellars's services under this Agreement. Customer agrees to promptly tender any payments due to any United Cellars under or in respect of the Indemnity Obligations within five (5) business days following written demand by the United Cellars.
Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed us resupplying the products to you;
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- loss of, or damage to, the products, or any injury or loss to any person;
- failure or delay in providing the products;
- breach of the Terms or any law, where caused or contributed to by any:
- event or circumstance beyond our reasonable control;
- act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
Warranties Items old by Auction
United Cellars cannot readily ascertain how well Goods have been cellared. Goods to be sold by Auction are described as accurately as can reasonably be ascertained by United Cellars at the time, however Buyers of older wine must make appropriate allowances for natural variations of ullage and the condition of corks and labels.
Subject to the provisions of Warranties clause, United Cellars, its employees and agents shall not be responsible for the correctness of any statement as to authorship, origin, date, age, attribution or provenance of any Goods, nor for any other errors of description or for any faults or defects in any Goods sold by Auction and no warranty whatsoever is given by United Cellars, its employees or agents in respect of any such Goods.
Buyers acknowledge and accept that the consumer guarantees under the Australian Consumer Law, including guarantees as to acceptable quality, fitness for purpose and accurate description, do not apply to Goods sold by Auction. Buyers therefore accept these risks and, except as set out in the clause above, United Cellars shall have no liability to any person for any loss or damage suffered by any person in relation to Goods sold by Auction.
If you are issued with a password by United Cellars you agree to take responsibility for the safekeeping of your password. You are liable if an unauthorised person uses your password. You agree to release and forever indemnify United Cellars and its related bodies in relation to any liability however arising out of the unauthorised use of your password.
Notifications of Changes
United Cellars may add to, delete, or otherwise change any of the terms of this Agreement. United Cellars will notify you of any substantial changes to these terms & conditions as provided in Notices. Your use of the United Cellars service after notice will constitute your deemed acceptance of such changes.
Privacy and Security
For details on the United Cellars Privacy and Security Statement, please click here or refer to the Privacy & Security Hyperlink on the Home Page
Termination, cancellation, and availability
All purchases made through the United Cellars are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
United Cellars may terminate this Agreement at any time by delivering notice, as specified in Notices, or by sending you a system message advising that your privileges have been removed.
In such event:
User is no longer authorized to access unitedcellars.com or its related sites;
User will continue to be subject to and bound by all restrictions imposed on User by these Terms; and
All licenses granted by User and all disclaimers by United Cellars and limitations of United Cellars 's liability set out in these Terms or elsewhere on United Cellars websites or documentation will survive.
Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image).
We will contact you using the details you provided when you placed your order.
Suspending Wine Plans or Subscriptions
You may suspend your Wine and Spirit Plans or Subscription at any time for no longer than 3 consecutive months. You must notify us in writing and/or update your account on the Site at least 5 business days prior to the next Billing Date.
If you suspend your Wine and Spirit Plans or Subscriptionless than 5 business days prior to the next Billing Date, you will be charged the Wine and Spirit Plans or Subscription Fee on the next Billing Date and your Wine and Spirit Plans or Subscription will be suspended effective from the following billing cycle.
If you suspend your Subscription, at the end of the 3 month period, we will send you written notification that your Wine and Spirit Plans or Subscription has been suspended for 3 consecutive months.
You can cancel your Wine and Spirit Plans or Subscription and terminate these Terms at any time by notifying us in writing and/or updating your account on the Site. You must notify us in writing and/or update your account at least 2 business days prior to the next Billing Date. If you cancel your Wine and Spirit Plans or Subscriptionless than 2 business days prior to the next Billing Date, you will be charged the Wine and Spirit Plans or Subscription Fee on the next Billing Date and your cancellation of the Wine and Spirit Plans or Subscription will be effective for the following period.
We may immediately suspend, terminate or limit your access to and use of the Site and terminate these Terms, if you breach the Terms (including your obligation to pay the Wine and Spirit Plans or Subscription Fee) and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.
If your account is canceled and you create a new account at a later date, your ‘Good Pair Days points’ balance will be nil when you create your new account.
If your Wine and Spirit Plans or Subscription is canceled and you later decide to re-subscribe, you will be charged at the then-current Wine and Spirit Plans or Subscription Fee.
United Cellars 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 United Cellars by electronic mail to email@example.com
All specials, promotions, clearances, offers and discounted items advertised on the United Cellars 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 United Cellars 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.If you cancel any part of the order for a promotion then you will be charged the full price for any products or services provided at a discount under the promotion.
The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
Due to liquor licensing restrictions on the sale of certain goods and during particular times in some locations, United Cellars 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.
Provisions are severable
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
United Cellars has not reviewed all of the sites that are linked to this website and is not responsible for the content of any off-site pages or any other sites linked to this website. User's linking to any other off-site pages or other sites are strictly at the User's own risk.
Laws of New South Wales
The laws of New South Wales govern this Agreement.
This Agreement, together with any separate sale agreement(s) related to selling wine using United Cellars's fixed-price auctions, represents the entire and integrated Agreement for services provided by United Cellars between the parties herein, and supersedes all prior negotiations, representations, or Agreements, either written or oral.
Any waiver of a right or duty afforded under this Agreement shall not be effective unless such waiver shall be in writing and signed by the party claimed to have given, consented to or suffered the waiver.