1  About

1.1  In these terms and conditions ‘we’ or ‘us’ refers to Value Cellars Pty Ltd ABN: 15 145 491 676, trading as valuecellars.com.au and ‘you’ the customer.

1.2 These terms and conditions together with your order constitute the entire contract between you and us for the supply of products. This contract cannot be varied unless specifically agreed by us in writing or by email.

2  Australia Sales Only

2.1 We sell and ship products only within Australia, we will not make deliveries outside of Australia.

3  Legal Capacity to Transact:

3.1 If you are under the age of eighteen (18) years you cannot place orders with valuecellars.com.au accepting these terms and conditions you acknowledge that you are over the age of eighteen (18) years.

Liquor Licensing Act/Responsible Service of Alcohol LIQUOR ACT 2007:
It is against the law to sell or supply alcohol to or to obtain alcohol on behalf of a person under the age of 18 years. Your alcohol is sent via Value Cellars Pty Ltd (ABN 15 145 491 676) All Rights Reserved. Liquor License No. LIQP770016883. Value Cellars supports the responsible service of alcohol.

3.2 Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

• are over the age of eighteen (18) years;
• accept these terms;
• agree that you have entered into a legal contract with valuecellars.com.au in relation to these terms; and
• agree that these terms, together with your order, constitute the entire agreement between you and valuecellars.com.au for the supply of products.

3.3 Should valuecellars.com.au suffer any damages or other losses as a result of a transaction entered into by a minor, valuecellars.com.au reserves the right to seek compensation for such losses from the parents or guardians of the said minor who caused any order(s) placed with valuecellars.com.au.

4  User Agreement

4.1 By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

4.2 These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

5  Guests and Registered Users

5.1 You may access and/or use the website as a guest or as a member.

5.2  To become a member of the website, you must provide your name, address, birth date, telephone number, valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting info@valuecellars.com.au

5.3  You will receive an email from us as soon as practicable after you create your membership account.

5.8 We only permit one registration per email address.

5.5 You must not use another members’ account without permission.

5.6 You must keep your password secure as you are responsible for any activity on your account. You are responsible for any unauthorised use of your password or account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account. You agree to release and indemnify valuecellars.com.au for any unauthorised use of your account.

5.7  If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact customerservice@valuecellars.com.au

5.8  We reserve the right to terminate a member’s account without notice for any   reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

6  Placing an order

6.1 You may place an order through valucellars.com.au by filling in the order form on the valuecellars.com.au website and clicking the “Submit Order” button.

6.2 Once order has been placed/submitted, we will issue you with an Order Number, by email

6.3 By placing an order you make an offer to us to purchase the product(s) you have selected based on these terms and conditions.

6.4 Information contained on the valuecellars.com.au website constitutes an invitation to treat.

6.5 No information on our website constitutes or should be deemed as an offer by us to supply any product(s) however, valuecellars.com.au will make every effort to supply product(s) to you.

6.6 Fees and Charges; we will charge you and you agree to pay the following fees and charges related to your order:

• The purchase price of each item that you have ordered
• The delivery fees provided to you at the time of placing the order
• Any other fees or charges applicable to your order as set out in these terms and conditions
• All fees and charges set out in these terms and conditions and any product purchase price is inclusive of GST

6.7  You will be notified by us, that your order is being processed by sending you an order confirmation and tax invoice via email; however, we do not formally accept the offer until your order has passed our internal validation procedures for verifying each order placed, for the purpose of preventing credit card or payment fraud.

6.8 Valuecellars.com.au will contact you by email or phone if we cannot process your order or accept your order after payment is received to determine your requirements for the reimbursement of any money paid.

6.9 Valuecellars.com.au reserves the right to ask for further identification before accepting any offer.

6.10 Because of the nature of the product, we are unable to offer refunds for purchases made on this web site due to change of mind.  Please select your purchases carefully.

7 Payment

7.1 We accept payment through Credit Card (Visa and MasterCard), Debit Card (Visa and MasterCard), PayPal and Poli Payments.

7.2 Valuecellars.com.au will accept certain Credit Cards and will review the list of accepted Credit Cards from time to time.

7.3 Before we proceed to confirm your purchase, various checks are taking place to validate the integrity of credit card information. In certain circumstances the credit card holder will be required to submit verification documentation to substantiate identity. In circumstances where we cannot contact the card holder or documentation is not received in a timely fashion, we will have no choice but to cancel the order request

7.4 Notwithstanding any verification that we do to verify the card holder’s identity, valuecellars.com.au reserves the right to refuse payments via credit card if, at its sole discretion, it deems the risk to be too high. You will be given other payment options for completing your purchase.

7.5 A surcharge may apply for credit card transactions when paid by a card other than VISA or MasterCard

7.6 Valuecellars.com.au will not process any payment until we have received all relevant information required for processing to be completed.

7.7 Any confirmed purchase is subject to your credit card approval for the transaction. In the case where your credit card is not approved we will attempt to contact you but hold no responsibility for any subsequent non provision of services in the event we are unable to establish contact with you.

7.8  If payment for products was made to valuecellars.com.au by credit card, by accepting these terms and conditions, you agree that you will not seek to charge back your credit card payment to valuecellars.com.au.

7.9  Payments for purchases are accepted through POLi Internet Banking and PayPal, information on these forms of payment can be found at PayPal and PoLi Internet Banking

7.10 If payment for a product/s was made to valuecellars.com.au by PayPal, by accepting these booking conditions, you agree that you will not seek to charge back your PayPal account to valuecellars.com.au.

7.11 The processing of payments/orders received on a weekend or public holiday will not begin until the next working day.

7.12 Payments received during business hours Mon-Fri 8:00am – 4:00pm will be processed that business day.

7.13  Valuecellars.com.au processes credit card, PayPal and Poli payments after you click the “Submit my Order” button

7.14 For credit card, debit card, PayPal and Poli payments valuecellars.com.au will email you a tax invoice with your Order Confirmation.

7.15 Your Tax Invoice is your proof of purchase, please retain for any returns.

Please note:

• Valuecellars.com.au is unable to accept payment by credit cards, debit cards issued outside of Australia
• You may be required and requested by valuecellars.com.au to produce further identification for additional security checks.
• YOUR SECURITY: At valuecellars.com.au our secure server software encrypts information, ensuring that Internet transactions stay private and protected. We use Secure Sockets Layer (SSL) technology, considered the gold standard in Internet encryption technology, to protect the security of your credit card information as it is transmitted to us.

8 GST

8.1 Valuecellars.com.au purchases and delivery charges are all inclusive of GST

9 Product Pricing

9.1 The prices displayed for products by valuecellars.com.au represents the full price, including GST, for the product itself but does not include postage / delivery charges which will depend on the destination and size of your order.

9.2 All postage / delivery charges will be calculated and added to the products total price before checkout and payment.

9.3 Valuecellars.com.au will continually seek to supply products at competitive prices and because of the dynamic nature of the industry (e.g. Vendor price changes and other variables beyond our control) prices, promotions, versions and availability advertised are subject to change without prior notice and valuecellars.com.au therefore reserves the right to change pricing from the advertised on our website at any time.

9.4 Pricing errors: If a product inadvertently appears on the website at the wrong price, Valuecellars.com.au may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged.

9.5 If in the case of an order being confirmed at an incorrect price and payment having been taken, Valuecellars.com.au will immediately contact you regarding your instructions on this matter and if requested will issue a credit to the credit card account or payment solutions used to make the payment for the amount of the order price.

10 Supply of Products

10.1  Subject to all Terms and Conditions and correct payment, we will supply to you the products indicated on your Order Confirmation.

10.2  Valuecellars.com.au cannot guarantee the availability of all the stock listed online. If an item is out of stock we can either issue a refund on this item or suggest a replacement. We are not liable for out of stock items. Valuecellars.com.au will contact you in regards to the out of stock item.

10.3  Physical goods may be delivered by reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 3 and 15 business days, depending on the delivery option and delivery location.  Orders are dispatched as soon as possible after order is placed (usually this  is the same day that we fulfill the order).

10.4  Damaged or lost orders should be resolved with the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of valuecellars.com.au.

10.5  Valuecellars.com.au will email you to confirm shipment of each item once dispatched, included on this email will be your order tracking number.

10.6  You can access all your purchase, payment and dispatch information on the valuecellars.com.au website under ‘Track my order’, once products are dispatched you will be taken to the relevant courier company website to track your order.

11 Delivery of Products

11.1  Upon checkout you will be advised of an estimated delivery time. The estimated time of delivery is during business days Monday – Friday excluding public holidays and is within three (3) to fifteen (14) working days.

11.2  Delivery can only be made to a physical address.
P.O. Box Deliveries can sometimes be made to a PO Box via Australia Post but can not be guarantied. If required we will advise you of the availability of this and the cost as soon as your order is being processed.

11.3  Delivery can be made to most Australian locations except those areas classified by the Australian Government as dry zones, (see Delivery Information page  for locations).

11.4  Valuecellars.com.au will make every effort to deliver product(s) within the estimated delivery time, but actual delivery times may change due to changes in supply or circumstances beyond our control.

11.5  Valuecellars.com.au encourages you to check the ‘Track my order’ page on our website to view your product(s) delivery status. If your product has not arrived within the estimated delivery time, please contact us.

11.6  Valuecellars.com.au will arrange delivery of your order with a third party supplier to the specified delivery address during the authorised licensed trading hours.

Valuecellars.com.au takes no responsibility for incorrect delivery details provided by you or any liability for goods not received at the delivery address upon correct receipt of delivered order.

11.7 Valuecellars.com.au supports the responsible service of alcohol. As it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of a person under the age of 18 years of age, you must be over 18 years to place an order online, over the phone or to receive a delivery of alcohol.

11.8 Strict Identification Requirements will be enforced at the time of delivery. The delivery driver will require satisfactory evidence of proof of age to effect delivery of your order. The delivery driver may, at any time, refuse to deliver the order if the person receiving the delivery is unable or unwilling to provide evidence of proof of age; if they have reason to suspect that alcohol may be provided to under age minors or for any other reason in their sole discretion. If a delivery attempt is made and is unable to be effected for any reason, you may be charged a $30AUD delivery fee

11.9 (removed)

11.10 Valuecellars.com.au couriers will not leave any unattended package at the place of delivery. In the event a delivery attempt is made and there is no one authorised to accept delivery; there is no one available to provide satisfactory identification; there is no one at the premises or other similar event, you may be charged a $30AUD delivery fee for the attempted delivery if the order is returned to us, usually after three (3) delivery attempts. Please contact the courier company to arrange for re-delivery.

11.11 Whilst valuecellars.com.au and our third party suppliers undertake to deliver your order in a prompt and timely manner, we take no responsibility for any delay in delivery which may be caused by our third party suppliers.

11.12 Valuecellars.com.au at no time guarantees any particular delivery time and you acknowledge any delivery times provided are a guide only. By using and engaging our Services, you acknowledge and agree that we are not at all responsible for any delivery timing and you use our Services at your own risk.

11.13 Title and risk of loss to all product(s) will pass to you on delivery. Risk of loss of or damage to products appropriated to your order passes on delivery of them

11.14 It is your responsibility to check all items are complete and correct at the time of delivery. Refunds or rectification of delivery needs to be flagged by you at time of delivery. Value Cellars will not take responsibility of claims thereafter. Order is complete once it is delivered and accepted by you.

12 Changes to your Order

12.1 Changes to your order can only be made before products have been dispatched.

12.2 To make changes to your order contact us directly by emailing info@valuecellars.com.au or filling in an online request form. We will notify you once received if the changes can be made and if the stock requested is available. If there is a price difference in your changed order we will either take the difference of payment from you over the phone by credit card or will refund the extra amount to the payment method used at the time of purchase.

12.3 No changes can be made to your order once the products have been shipped and the regular returns policy will be enforced.

13 Cancellation of Order by valuecellars.com.au

13.1 We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.

13.2 In the event that a product is mistakenly listed at an incorrect price on valuecellars.com.au, as determined by valuecellars.com.au in its sole discretion, we reserve the right to refuse or cancel any orders placed for the product/s listed at the incorrect price whether or not the order has been confirmed and your payment accepted. If your payment has been accepted for the purchase and your  order is cancelled, we will refund the full amount paid by you to the payment method used at the time of transaction.

13.3 We will usually refund any money received from you using the same method originally used by you to pay for the Product within 2 days of the notification of cancellation of order.

14  Cancellation by Customer

14.1 If you wish to cancel your order within 24 hours of placing it online, we will check if your order has been dispatched, orders which have been dispatched cannot be cancelled, please contact valuecellars.com.au either online through our customer contact page or directly to our Customer Service team at info@valuecellars.com.au.

14.2 Cancellations of order before dispatch can be made with no cancellation fees. Refund of any money paid will be through the same payment method as used when placing the order.

14.3 Once an order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided in our returns policy or by the customer service team.

15  Returns Policy

15.1 Valuecellars.com.au handles all returns and processes refunds in accordance with the current Australian Consumer Protection legislation.

15.2 Should you wish to return your order, please notify us via email or phone within 48 hours of delivery with a valid reason for return and proof of purchase, change of mind is not a valid reason for return. If your return is accepted by our customer service team, we will process a refund upon timely receipt of the goods purchased.

15.3 Because of the nature of the product, we are unable to offer returns and refunds for all purchases made on this web site. We only provide returns for limited products where there was a problem at the time of delivery to you. Please select your purchases carefully.

15.4 Valuecellars.com.au does not accept returns for any used, damaged or empty products.

15.5 Unopened and undamaged goods returned in the same condition as received from valuecellars.com.au will be refunded in full (less any delivery charges). Refunds will be processed promptly usually within 3 days after receiving the returned goods. Refund of any money paid will be through the same payment method as used when placing the order. All refunds are made at the discretion of Valuecellars.com.au.

15.6 Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example a non-delivery charge or delivery and handling charges), you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.

15.7 Delivery and handling charges are always non-refundable. Refunds will only be for the purchase price of the product/s.

15.8 Valuecellars.com.au will arrange courier pickup of the items to be returned at a time specified. Please ensure that there is an authorised person available to supply the returning items to the courier at time of pickup. All items for return should be placed in the same or similar packaging as was provided at the time of delivery.

15.9 Returned items must be in saleable condition for returns to be accepted and refunds to be approved.

16  Discounts, Promotional Vouchers, Gift Certificates and Promotions

16.1 Gift vouchers and promotional vouchers cannot be exchanged for cash.

16.2 Promotional vouchers cannot be used in conjunction with each other or any other special offers.

16.3 Gift vouchers and promotional vouchers cannot be re-used on another purchase or used over multiple purchases.

16.4 Gift vouchers and promotional vouchers may only be used in a single transaction.

16.5 You acknowledge that any vouchers, gift certificates, promotions are offered at the sole discretion of valuecellars.com.au and we reserve the right to:

• Discontinue any offers or promotion at any time for any reason
• Amend the terms where a discount, offer or voucher can be redeemed at any time