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Terms and Conditions

As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use.

Pricing

Prices include GST, and are in AUD.

Prices of wines on Jim's Cellars Website ( both still and sparkling ) are for when you buy 6 or more bottles, unless stated otherwise.

Prices on Jim's Cellars Website may vary from prices Jim's Cellars stores. On the rare chance they differ, we will gladly honour the price in any of our Jim's Cellars Stores by asking any of our staff.

Ordering

Ordering via Jim's Cellars Website or via the Phone

When placing an order with Jim's Cellars via the website or via phone with our Customer Service Team, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.

Address for delivery
You agree that the address to which we may deliver is the address you gave for delivery as part of your order or any other address we may subsequently agree to accept as the delivery address.

We will not deliver unless all requested delivery details are given when you place your order.

Delivery pre-conditions
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.

You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.

We will not deliver your order if we consider any delivery circumstances may be unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they may be under 18 years).

We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.

Delivery returns/non-collection
If having commenced delivery of your order, we return any ordered products to our store, while we will refund the amount paid by you for those products (in the absence of an arrangement with you for re-delivery), you agree that we may deduct an amount from this refund amount on account of the costs incurred by us in returning the relevant products to our store or storage site. You agree that we may make such deduction where we were unable to deliver due to circumstances beyond our reasonable control (including because of the wrong address appearing to us to have been given) or where we did not complete delivery because of any of the "Delivery pre-conditions" above not being met.

You may email us about any non-delivery or Pick Up collection matters by using the "contact us" facility on jimscellars.com.au or by telephoning our Team on (02) 9052 6705 .

Cancellations
By us
We may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. In the case of Pick Up orders, we may make such cancellation before collection of the ordered products. Any such cancellation shall be by giving you such reasonable cancellation notice as we are able to provide via any of the contact details we have for you. The circumstances in which we may cancel your order are if:

  1. any of the ordered products are not available;
  2. there was any error in the description of any ordered products or their price as advertised by us;
  3. your order is in breach of these or any other relevant terms and conditions or is contrary to a person's rights or to any law; or
  4. these terms and conditions (for example under "Delivery pre-conditions" above) provide that we may not deliver your order.

 

By you
You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact our Team as soon as possible on (02) 9052 6705. 

You may check your order status through the login page. If the order status is 'Order being processed', please contact our Team on (02) 9052 6705, ASAP to confirm whether there might still be time for us to agree to you changing or cancelling your order. Every attempt will be made to accommodate your request, however unfortunately no guarantee can be given once an order has been placed.

If we agree to you changing or cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, to the ordered products being in their original condition and packaging and to you agree to pay an amount we request on account of our reasonable costs of processing the change or cancellation.

If your order has already been processed, you may still be able to return your order, which can be done easily through any Jim's Cellars physical store or via a courier. Conditions apply, please review our Returns & Refunds Policy

Delivery records
We may record all details of and incidental to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, complying with record keeping requirements under liquor licensing laws and law enforcement.

Risk
You agree that risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).

Title and place of supply 
You agree that title to the products you buy from us (and the place of our supply of those products to you) occurs at the place where we dispatch the products to your order. We do not supply alcohol to you at places which are not licensed under applicable alcohol licensing laws, even though such other places may be the delivery location. Immediately on us making a refund to you for any products (less any amount you have agreed we may deduct, for example under "Delivery returns/non-collection" or "Cancellations" above) you agree that title in those products shall pass back to us.

Website Content

Content Terms

The materials (including all software) and services at this site are provided "as is" without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Jim's Cellars obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

Disclaimer

Liability Disclaimer

Our products come with guarantees that 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 products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.

Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:

  1. you acknowledge that our site are provided "as is" and that we do not make any warranty or representation as to the suitability of the Site, anything (including content and website) to or from which the Site is linked or any product for any purpose;
  2. the content of the Site and all content to or from which the Site is linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;
  3. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the Sites are linked;
  4. we will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;
  5. risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and
  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 under the "Cancellations" sections in our terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.

Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.