Terms and Conditions

Terms and Conditions

When you shop with United Cellars you can trust that you'll never drink a bad wine again, and if you don't love your purchase, we are here to look after you. 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 and related entities.

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”)

The following Terms & Conditions (Terms), together with our Privacy Policy and Supply Terms & Conditions are the complete terms of a legal agreement between you and United Cellars Australia Pty Ltd ACN 95 111 797 623 (United Cellars) in relation to your access to and use of this website and the supply of products ordered via the website (if applicable). By accessing, browsing, posting or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use this website.

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.

About Us

UnitedCellars.com.au and it related domains are operated by United Cellars Australia. Sale of wines through unitedcellars.com.au is made under New South Wales liquor licence P770010144.

Systems

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 dependant 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 dependant 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.

Website Terms of Use

Conditions

"Agreement" means an agreement between you and United Cellars 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, trademarks, 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 United Cellars Australia Pty Ltd's licensed premises at 200 William St, Woolloomooloo NSW 2011 (Licence number 770010144); Level 11, 50 Pirie St South Australia SA 6003 referred to jointly and severably 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.

"Service 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.

2.0 The Agreement

2.1 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.

Agreement formed

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.

Registration

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.

A valid credit card with associated User name, billing address, and phone number is required when making a purchase in the United Cellars store, placing a bid in the Exchange, or accepting a bid to sell wine via the Exchange. User may maintain this information, as well as other information such as shipping addresses, on the My Account page of United Cellars 's site. All personal information provided to United Cellars will be treated in accordance with the UNITED CELLARS Privacy Policy.

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.

User conduct

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:

  1. 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;

  2. upload, post or otherwise transmit through or to this website any content that:

  3. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;

    1. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;

    2. contains any computer viruses or any other harmful programs or elements;

  4. 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;

  5. provide alse 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;

  6. transmit junk mail, chain letters, or other unsolicited bulk email or duplicative messages;

  7. 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;

  8. 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;

  9. 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.

Contributions

"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. User 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.

User acknowledges 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.

Set off

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.

Pre-arrivals / Futures / En Primeur purchases

Wine sold by UNITED CELLARS may be offered on a pre-arrivals or futures/En pimeur 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.

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 (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.

Tax

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.

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.

Private Seller

GST is not charged on the Purchase or Sale Price. Commission, Buyer's Premium, freight & insurance do attract GST (inclusive in United Cellars charges).

Private Buyer

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.

3.0 Orders

3.1 Delivery area

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.

3.2 Orders

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.

3.3 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.

3.4 Delivery Requirements

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.

3.5 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.

4.0 Risk and Title

4.1 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.

4.2 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 enquiries@United Cellars 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.

5.0 Price of goods and payment

5.1 Price of Goods

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 United Cellars is required to collect from you.

5.2 Variation

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.

5.3 Methods of payment

(a) Payment of Order

You may use your credit card (MasterCard, Visa, American Express, Diners). Cheques, Money Orders and cash payments are 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 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.

6.0 Out of stock & Substitution

6.1 No Rainchecks

United Cellars will not provide rainchecks in respect of Goods ordered by you.

6.2 Substitution policy

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.

7.0 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 are 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.

8.0 Licence

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.

9.0 Intellectual Property rights

9.1 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 trade marks 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 trade marks or logos.

10.0 Liability

10.1 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.

10.2 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.

10.3 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.

11.0 Security

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 it related bodies in relation to any liability howsoever arising out of the unauthorised use of your password.

12.0 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 clause 15. Your use of the United Cellars service after notice will constitute your deemed acceptance of such changes.

13.0 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

United Cellars is committed to safeguarding personal information that is entrusted to United Cellars. United Cellars servers are protected by various computer security measures and all personal Customer information is encrypted and transferred through the use of SSL (secure socket layer) protocol. Policies concerning the use and disclosure of any personal information are governed by United Cellars 's privacy policy.

14.0 Termination

United Cellars 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 privileges have been removed.

In such event: 1) User is no longer authorized to access unitedcellars.com.au or its related sites; 2) User will continue to be subject to and bound by all restrictions imposed on User by these Terms; and 3) 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.

15.0 Notices

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 enquiries@unitedcellars.com.au

16.0 Promotions

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.

17.0 Product availability

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.

18.0 Miscellaneous

18.1 Provisions are severable

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

18.2 Links

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 is strictly at User's own risk.

18.3 Laws of New South Wales

The laws of New South Wales govern this Agreement.

18.4 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.