Terms and Conditions of Sale and Use
Cellars.com.au Pty Ltd (ABN 14 684 443 392)
Effective Date: 7 July 2025
Governing Law: South Australia
Website: cellars.com.au

These Terms and Conditions apply to your access to and use of the Website and to the purchase, fulfilment, and delivery of any products ordered through Cellars.com.au Pty Ltd (“Cellars.com.au”, “we”, “us”, or “our”).

By using the Website and submitting an order, you agree to be legally bound by these Terms and Conditions, as well as our Privacy Policy and any additional terms we may present at the point of sale or agree with you prior to delivery. These terms are governed by the laws of South Australia, and you submit to the exclusive jurisdiction of the courts of South Australia.

These terms may be changed or updated from time to time. We will endeavour to provide you with reasonable prior notice of any material changes.

Cellars.com.au holds a liquor licence issued in South Australia (Liquor Licence No. 57712682).

1. Ordering

By placing an order and/or creating an account with us, you confirm:

  • You are at least 18 years of age and legally permitted to purchase alcohol
  • All personal and delivery information provided is accurate and complete
  • You authorise us to communicate with you electronically (including email and SMS) regarding your order
  • All purchases made are for the purposes of private consumption and not for the purposes of resale
  • You consent to us sending direct marketing material to you via electronic means (including email and SMS

We may accept or decline any order at our discretion. Orders may be cancelled where we suspect fraud, resale, breach of our terms, or legal non-compliance.

We collect your personal information when you place an order with Cellars.com.au. For details on how we collect, use and disclose your personal information, refer to our Privacy Policy.

You must not purchase products from us for the purposes of resale to any third party. We reserve the right to cancel your order(s) if it is reasonably suspected that products have been purchased for resale purposes.

2. Nature of Supply and Drop-Shipping

Cellars.com.au operates a drop-shipping model. We act as a retailer and sales platform, sourcing wines from licensed third-party suppliers and producers across Australia. We do not operate a physical store.

Products are shipped directly from third-party warehouses or vineyards, not from Cellars.com.au premises.

Delivery timeframes and availability are subject to the operational capacity of the supplier. Delivery timeframes and availability will be communicated to you at the time of checkout. Our suppliers and agents will endeavour to deliver within the times nominated.

We are not responsible for supplier errors, delays, stock availability, or fulfilment failure except as required by law.

3. Delivery

Delivery may be carried out by third-party logistics providers on behalf of our suppliers.

You are responsible for:

  • Providing a complete and correct delivery address
  • Ensuring someone aged 18 or over is available to receive and sign for the delivery
  • Complying with any identification requirements for age verification

You agree that, where legally permitted to do so, we may reasonably rely on any person who is present at your nominated address at the address provided for your delivery who takes receipt of products ordered by you as being authorised for that purpose.

Our suppliers or agents may request valid identity documents be provided by the person who takes receipt of ordered products. This includes documents which display the person’s name, photographic identification and date of birth. These details may be recorded by our suppliers or agents at the time of delivery.

Our suppliers or agents reserve the right to:

  • Refuse delivery if the recipient appears intoxicated, underage, or if delivery conditions are unsafe or unlawful
  • Cancel the order if delivery cannot be completed due to access issues, incorrect details, or legal constraints

For further information, refer to our Alcohol Delivery Policy at https://cellars.com.au/alcohol-delivery-policy/.

4. Delivery Failure and Returns

If delivery fails due to circumstances within your control, we may:

  • Offer redelivery (additional charges may apply); or
  • Cancel and refund the order minus shipping and administrative fees

Deliveries will be considered to have failed due to circumstances within your control where, without limitation, you have provided an incomplete or incorrect delivery address, our suppliers or agents are unable to access the delivery address or where other conditions for delivery as set out at clause 5 above are not complied with.

Uncollected deliveries or incorrect addresses may incur charges associated with resending of orders to the correct address, or forfeiture of the order, at our discretion.

All returns are subject to our Returns and Refunds Policy.

In the event of failed delivery, products may be sent back to the relevant depot or store. To arrange for redelivery of the products, please contact our Customer Service at [email protected]. Redelivery may resulting you in incurring additional costs. If we do not hear from you within [5 days] of a failed delivery, we reserve the right to cancel and refund your order.

5. Pricing and Taxes

All prices on the Website are in Australian dollars and inclusive of GST (where applicable).

Shipping costs are displayed at checkout unless free shipping applies to the item.

We reserve the right to correct pricing errors, update product availability, and adjust pricing due to supplier or regulatory changes, including adjustments required under the Liquor Licensing Act 1997 (SA) or minimum unit pricing regulations (where mandated and if applicable).

6. Risk and Title

Risk and title passes to you upon successful delivery of the product(s) to your nominated address for delivery.

7. Retail Limits

We may impose reasonable limits (Retail Limits) on:

  • Product quantities per customer
  • Frequency of purchase
  • Purchase of promotional or discounted items

We reserve the right to change these Retail Limits at any time.

Orders exceeding limits may be cancelled or adjusted with notice.

If any products are identified after an order has been placed in contravention of any Retail Limits, we reserve the right to cancel that order or any items in that order. We will provide a refund for any products which are not supplied.

8. Alcohol Supply Restrictions

Under Australian law, it is an offence to:

  • Supply alcohol to a person under the age of 18 years; or
  • Obtain alcohol on behalf of such a person.

We may verify age and identity at delivery. Non-compliance will result in refusal of delivery and cancellation of the order.

9. Promotions and Vouchers

We may offer promotional codes and vouchers for use on the Website.

Promotional codes and vouchers:

  • Are valid for a limited time, as specified in the relevant code or voucher
  • May only be redeemed once, unless otherwise specified
  • Are non-transferable and non-redeemable for cash
  • May not be combined unless explicitly allowed

We reserve the right to cancel promotions or restrict use in cases of misuse, fraud, or a breach of these terms.

10. Order Cancellation

You may cancel an order prior to dispatch by contacting our Customer Service. Once dispatched, cancellation requests may be refused or treated as returns under applicable policy.

We reserve the right to cancel orders where:

  • Stock is unavailable
  • Delivery is impracticable
  • Fraud or breach of these terms is suspected
  • Errors in pricing or product description have occurred

If an order has already been dispatched, we reserve the right to reject the cancellation request.

11. Limitation of Liability

To the maximum extent permitted by law, Cellars.com.au excludes all liability for loss or damage (including indirect or consequential loss, loss of profits, or loss of data) arising out of or connected to the use of the Website, product delivery, or the performance or failure of third-party suppliers.

Where liability cannot be excluded, our liability is limited to:

  • Replacement or resupply of the goods; or
  • A refund of the purchase price paid.

We do not warrant that the Website or its contents will be error-free, uninterrupted, or fit for your intended purpose.

Our liability to you for any loss or damage arising in connection with these terms is reduced to the extent, if any, that you cause or contribute to the loss or damage.

To the maximum extent permitted by law, neither party is liable for any Consequential Loss howsoever caused or for any loss suffered by third parties under or in connection with these terms, where “Consequential Loss” means indirect or special loss or damage, including loss of actual or anticipated profit, loss of business, business interruption, loss of overhead, loss of contract, loss of revenue, loss of opportunity, loss of reputation, loss of data or wasted costs (in each case, whether direct, indirect or consequential).

12. Australian Consumer Law

Nothing in these Terms excludes any right or guarantee you may have under the Australian Consumer Law.

You are entitled to a refund or replacement for major product faults, and to a reasonable remedy for minor issues.

13. Website Content

Product visuals may differ slightly due to vintage changes or packaging updates.

We make no warranties as to the accuracy, completeness, or availability of Website content and reserve the right to change or remove content without notice.

14. Jurisdiction

These Terms and any disputes arising under them shall be governed by the laws of South Australia.
You agree to submit to the exclusive jurisdiction of the courts of South Australia, including any court with appellate jurisdiction.

15. Contact

Cellars.com.au Pty Ltd
ABN: 14 684 443 392
Email: [email protected]
Website: cellars.com.au