Welcome to CellarSpace.com!
These are the terms and conditions ('Terms and Conditions') governing the use of CellarSpace.com (also referred to as the 'Site'). Please read these Terms and Conditions carefully before using this Site. By using the Site, you agree to the Terms and Conditions.
These Terms and Conditions apply to all Users of the Site unless the Terms and Conditions specify otherwise.
The Terms and Conditions published at the time of your use of the Site shall apply to you.
CellarSpace Pty Ltd trading as CellarSpace reserves all rights to alter these Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.
To use this Site you must first read and agree to the Terms and Conditions as set out below.
If you do not agree to the Terms and Conditions as set out below, please leave the Site now.
CellarSpace Pty Ltd trading as CellarSpace encourages the legal and responsible consumption of alcoholic beverages. CellarSpace Pty Ltd is the licensee under Victorian Limited Liquor Licence No. 36144195.
1.1 CellarSpace Pty Ltd (ABN 66 617 384 951) trading as CellarSpace (also referred to as 'we' or 'our' or 'us' or 'CellarSpace') is an Australian private company limited in liability by the value of its shares. We operate an online advertising medium/marketplace platform via the Site, allowing users to advertise and/or purchase wine and wine accessories ('Products').
When we refer to 'us', or 'our' or 'we' or similar, we are referring to CellarSpace Pty Ltd (ABN 66 617 384 951). When we refer to 'you' or 'your' or similar, we are referring to you as a User of this Site.
Other defined terms and their meanings are:
- 'Advertisement' means an advertisement posted to the Site by either a Private Cellar or a Retail Cellar with a view to sell a Product;
- 'Allocated Area' means the area on the Site approved by us for a Cellar to advertise their Product;
- 'Australian Law' means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;
- 'Backorder' means an order for a Product that is temporarily out of stock;
- 'Business Day' means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Australia.
- 'Buyer' (also referred to as 'you' or 'your' where the context permits) means a person who browses the Site, being a potential buyer of a Product via the Site, and also a person who wishes to purchase, or has already purchased, Products from a Private Cellar or a Retail Cellar from an advertisement placed on the Site; Catalogue' means an electronic or printed catalogue prepared by CellarSpace listing Products for sale on the Site;
- 'Charge Back' means a fee charged by us to a Retail Cellar where we have reimbursed or are required to reimburse a Buyer or a Buyer's financial institution for a financial loss on a disputed or fraudulent transaction occurring on the Site;
- 'Commission' means a percentage of the Store Price, currently being 15% (plus GST) or as otherwise agreed between CellarSpace and the Cellar or as otherwise notified on our Site from time to time;
- 'Eligible Delivery Address' means an address at which the delivery of Products is legally permitted in accordance with Australian Law;
- 'Intellectual Property Rights' means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:
(a) graphics programming codes, drawings, computer programs, website
(b) business names, company names, product names;
(c) any right to have information kept confidential;
(d) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
(e) phone numbers, fax numbers, email addresses, directory listings; and
(f) Twitter, Facebook, Skype, LinkedIn, Viber, Instagram and other social media contact points.
'Licence' means the irrevocable, royalty-free, non-exclusive, worldwide, sub-licensable and perpetual licence to use any and all of the information provided by Cellars to us with such licence to be including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information;
'Loss' includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;
'Member' means a User of the Site who has entered an arrangement with us to be given personalised access to the Site to advertise, buy, sell and bid on Products, and 'Membership' has a corresponding meaning; 'Minimum Term' means 12 months;
'Merchant fees' means a cost charged by a merchant (including but not limited to a bank) to a Retail Cellar when a buyer is paying with (including but not limited to) a credit card, charge card, debit card, etc. to cover the cost of accepting / processing a payment. This Merchant fee may be varied from time to time without notice.
'Party' means any Buyer, Private Cellar, Retail Cellar, and 'parties' has a corresponding meaning;
'Private Cellar' (also referred to as 'you' or 'your' where the context permits) means an individual or an entity who wishes to advertise their Products privately on the Site; 'Preferred Payment Method' means:
(a) For Cellars: credit card or direct debit
(b) For Buyers:
(i) For single transactions on the Site totalling $10,000 or less - credit card; or
(ii) For single transactions on the Site exceeding $10,000 - credit card, direct debit, BPay, personal cheque or bank cheque; or
(c) As otherwise permitted in writing by CellarSpace at CellarSpace's sole discretion;
'Product' means a product or products advertised by or sold by a Cellar on the Site; 'Purchase Order' means an offer to purchase a Product made to a Cellar submitted by a Buyer through a user interface appearing on the Site; 'Retail Cellar' (also referred to as 'you' or 'your' where the context permits) means an entity who carries on the business of selling wine and a Cellar who has not advertised a Product as a Private Cellar; 'Cellar' (also referred to as 'you' or 'your') means any entity posting an advertisement on the Site for the sale of a Product or selling a Product on the Site, and being either a Private Cellar or a Retail Cellar; 'Site' means the internet site at the domain cellarspace.com as configured and described as such by us from time to time or any other internet site operated by us from time to time; 'Store Account' means the arrangement by which a Retail Cellar is given personalised access to the Site to advertise and sell Products; 'Store Price' means the price at which a Product is listed for sale in the Catalogue and includes the Commission; 'Subscription' means the service provided by CellarSpace to Retail Cellars by way of a prepaid fee payable by the Retail Cellar to CellarSpace; 'Users' means anyone using the Site for any purpose and includes all Cellars and all Buyers.
2. All Users
Use of this Site
2.2 By providing a platform for the sale of Products, we facilitate the transactions between Buyers and Cellars. This includes but is not limited to assistance with customer service, Charge Backs, fulfilment, warranties, returns and Product defects etc. in accordance with all and any applicable Australian Law. This facilitation does not make us responsible for any obligations of the participants in these transactions.
2.3 All Users of the site agree that any personal information supplied for by a Site User with regard to entry into competitions, will be treated in accordance with applicable Australian Law and the applicable terms and conditions for that competition. If there is any conflict between the specific terms and conditions of the competition and the Terms and Conditions set out herein; the terms and conditions of the competition will prevail.
2.4 We may, in our absolute discretion, refuse any Advertisement for any Product advertised, or disallow the purchase of any Product by any Buyer, on the Site.
2.5 A User of the Site may become a Member by registering via the Site. You must become a Member in order to be a Buyer or a Cellar on the Site.
2.6 Members of CellarSpace have access to and use of a personalised online account.
2.7 Members are provided with a member identification and password to access the Site and their account. If the Member becomes aware of any unauthorised use or disclosure of their member identification and password, the Member must notify CellarSpace immediately.
2.8 Member rights cannot be transferred to or used by any another person. CellarSpace may terminate a Member's membership at any time at its absolute discretion by providing written notice to the Member.
2.9 CellarSpace may prepare and publish a Catalogue on the Site which details the Products advertised for purchase on the Site. This Catalogue may be available in electronic and printed form.
2.10 Next to or near each Product listed in the Catalogue will be the price for a Buyer to purchase that Product through the Site (the 'Store Price'). CellarSpace does not guarantee that the Store Price represents the market value or true value of the Product.
2.11 All statements in Catalogues, advertisements or brochures prepared by CellarSpace are statements of opinion and are not statements of fact, and they should not be relied upon as such. Buyers must make their own assessment of the market value of any Product.
2.12 If a Cellar does not accept our description of the Product to be listed in the Catalogue, the Cellar must withdraw the Product from sale. If the Cellar fails to withdraw the Product within a reasonable time, they shall be taken to have accepted CellarSpace's description and shall have no further right or claim against CellarSpace in relation to that description or to the continued listing of that description.
3. All Buyers
Using the Site
3.2 To purchase any Product through the Site, a Buyer must also be at least 18 years of age, be located within Australia and specify an Eligible Delivery Address within Australia. By completing a purchase of a Product on the Site, the Buyer warrants to CellarSpace that they are over the age of 18 years old and that they are not obtaining alcohol on behalf of a person under the age of 18 years or otherwise prohibited from purchasing alcohol. Purchase and payment via Purchase Order
3.3 When a Buyer wishes to purchase Products from CellarSpace for the first time, they will be directed to become a Member of our Site including inputting valid credit card details.
3.4 A Buyer may make an offer to purchase a Product by placing a Purchase Order. Upon acceptance of a Purchase Order, the Buyer acknowledges that a binding contract will be formed.
3.5 Upon acceptance of a Buyer's Purchase Order, CellarSpace will provide the Buyer with a tax invoice which will set out the price of the Products, including the Commission.
3.6 CellarSpace will then process payment for the Product using the Buyer's Preferred Payment Method.
3.7 If the Buyer is eligible to and has selected BPAY or bank cheque as their Preferred Payment Method, payment must be received by CellarSpace within fourteen (14) days of the date of the tax invoice.
3.8 Upon receipt of payment, CellarSpace will confirm that the Buyer's Purchase Order has been successful via a notification to the Buyer's Member account.
Purchase and Payment via Auction
3.9 We may from time to time hold Auctions for the sale of Products on our Site.
3.10 Members may make bids to purchase the Products at the Auction. A bid made by a Member is an offer to purchase the Product on the Terms and Condition that are applicable.
3.11 We reserve the right to refuse any bid from any Member.
3.12 We reserve the right to withdraw a Product from an Auction at any time.
3.13 A Cellar or their associate must not enter a bid for a Product with the effect of artificially inflating the winning bid for the Product being sold at Auction. We reserve the right to request evidence of the bona fides of the successful
Buyer at an Auction.
Costs of recovery
3.14 If CellarSpace has to take action to recover monies from a Buyer then the Buyer agrees to pay all CellarSpace's reasonable recovery costs (including legal costs) and expenses. Shipping and Delivery Policy
3.15 Standard delivery times for Products purchased through the Site are between three (3) and ten (10) Business Days. In the event that it is not possible to process the transaction for the Product purchased, we will notify you within two (2) Business Days to arrange an alternative Product, a Backorder or a refund, at our discretion.
3.16 By using our Site, you acknowledge that there are restrictions on the sale of alcohol in certain areas in Australia, which are determined by relevant State or Territory governments from time to time. It is a Buyer's responsibility to ensure that delivery and consumption of a Product purchased through the Site is permitted in the place to which that Product is to be delivered and consumed. We accept no responsibility for any Loss suffered by a Buyer in this regard. Click & Collect
3.17 The 'Click and Collect' feature on the Site enables you to purchase a Product online and collect the purchase from a Retail Cellar's store. The service is only available from the Retail Cellar from which you purchased the Product, and for Products that feature the 'Click & Collect' icon. It is your responsibility to ensure you have the correct details of the Retail Cellar and that you have correctly entered all order details (including the your contact details). You will be notified by the Retail Cellar within approximately 24 to 48 hours (or 1 to 2 Business Days) after having placed the order as to when the Product is ready for collection. You must present current photo identification, proof of age and a payment receipt for the purchase to collect 'Click & Collect' purchases from the Retail Cellar.
Exchange & Returns Policy 3.18 All Buyers should choose carefully before buying, as a Purchase Order creates a binding contract between the Buyer and the Cellar.
3.19 We do not offer a satisfaction guarantee on Products or refunds for change of mind, however we will always endeavour to keep you happy and satisfied.
3.20 For faulty Products, Retail Cellars offer a fourteen (14) day replacement warranty from the date you receive your Product. If your Product can be replaced, the Cellar will replace it with the same or a similar Product. If a Product cannot be reasonably replaced, you will be offered the option of a replacement Product of the same value, or of being provided with a refund for the total value of the Product.
3.21 Any faulty Product must be returned by you to the Retail Cellar from which it was purchased with evidence or notice of the fault, and proof of this purchase must also be presented. Replacements for genuinely faulty Products will be sent to you at no charge within five (5) Business Days from the date the faulty Product is returned.
3.22 When returning a faulty Product to the Retail Cellar, please make sure you also provide us the following details:
- Your full name
- Your address
- Your order number
- The date of delivery of the Product
- The Cellar's details
- Details of the fault
- Reason why you are returning the Product
- Your instructions informing us how you would like the issue resolved
- Contact phone number
- The original order confirmation or invoice you received with your Product.
3.23 This warranty only applies to unused and undamaged Products return with original packaging.
3.24 This warranty only applies to items returned within fourteen (14) days of purchase and does not apply after that time.
Risk & liability
3.25 We accept advertisements from Cellars in good faith. Advertisements on the Site for Products are prepared by Cellars who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Products advertised and/or sold. We take all reasonable precautions to only host accurate information on the Site, but we are not responsible for information uploaded or created by such third parties. You should verify such information yourself.
3.26 All other information on the Site and Products listed or acquired through the Site are provided "as is" without warranty of any kind by us. We do not warrant or represent that the Products advertised on the Site will be suitable for purpose, or that a Cellar has any particular skill, knowledge, qualification or is legally entitled to carry on a particular business. It is your responsibility to verify any information on the Site and to investigate for yourself the condition and quality of any Products advertised on the Site.
3.27 We do not verify ownership of any Product advertised on the Site nor do we determine whether any other party claims ownership of an interest in the Products.
3.28 When purchasing a Product, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. It is estimated that it would take at least one trillion years to decrypt 128-bit SSL encryption, and this level of encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre (03) 9257 3200.
4. All Cellars
4.1 This clause applies to all Cellars or persons who otherwise advertise, list or post a Product on the Site.
4.3 By placing an advertisement on the Site, all Cellars accept and must conduct themselves in accordance with these Terms and Conditions. It is a Cellar's responsibility to ensure they comply with applicable Terms and Conditions.
4.4 You must have clear legal title and ability to sell Products you advertise on the Site in accordance with Australian law. All Cellars warrant to us that they have a have clear unencumbered title to the Products that they list on the Site for sale.
4.5 All Cellars accept they must to the best of their ability complete their own fraud verification process on all transactions occurring on the site and in store (i.e. click and collect orders), as a way of reducing fraudulent activities. Payment of sale proceeds to Cellars
4.6 CellarSpace will deduct Commission from the Store Price of the Product sold and remit the balance of the Store Price to the Cellar within thirty (30) days of the sale, subject to receiving payment for the Products in cleared funds from the Buyer.
Fees and payment
4.7 Fees and/or Commission for any service offered by us are subject to review and change without the requirement to notify you, unless otherwise specified in these Terms and Conditions.
4.8 Fees may differ for Private Cellars and Retail Cellars. All applicable fees are clearly stated on the Site and it is the Cellar's responsibility to consider the fees before they advertise. Placing an Advertisement on the Site is deemed to be acceptance of these Terms and Conditions and the applicable fees. You should read and understand these Terms and Conditions so that you are aware of the fee relevant to you (if any).
4.9 All fees for Advertisements placed on the Site must be prepaid, unless stated otherwise or prearranged with an authorised representative of CellarSpace.
4.10 Any fees paid to us to place an Advertisement on the Site do not grant any Cellar exclusive rights to any web page on the Site or prominence or position in listing order on the Site.
4.11 By advertising and completing sales on the Site, you give us permission to accept full payment on your behalf from Buyers for sales of Products and deduct any Commission prior to us accounting to you for such sales. Content of Advertisement
4.12 All Advertisements, listings or posts must be appropriate for the Site. We may, at our sole discretion, reject Advertisements that we believe are not relevant to the sale of wine and wine-related products and we reserve the right and discretion to cancel and/or amend such Advertisements, without notice and without refund.
4.13 We may withdraw or alter the Advertisement or material you send us if we, in our sole discretion, deem it to be inappropriate, incorrect or not in keeping with the Site's style standards and tone.
4.14 Advertisements on the Site may only include text descriptions, graphics, pictures and other content relevant to the sale of that particular Product. No inappropriate, offensive or irrelevant material is permitted.
4.15 Any phone numbers provided or listed for Advertisement must be yours as officially ascribed to you by a telecommunications business or you must have permission and authority to use such phone numbers.
4.16 We reserve the right to verify the availability of items and prices offered for sale and to verify the information contained in any Advertisement by requiring the Cellar to provide acceptable evidence of the availability and price of the Products for sale. You agree to provide such additional information as we reasonably require. Failure to comply may result in your Membership being suspended or cancelled and/or removal of the Advertisement without further notice.
4.17 Cellars must not post/submit illegal, prohibited or offensive content to this Site and must not use derogatory, abusive or discriminatory terms on the Site. Any Cellar who submits such content may be reported to the proper authorities. We reserve the right to immediately cancel and remove, without notice or refund, from the Site, any Advertisement which is deemed by us to contain illegal or prohibited content, derogatory, abusive, discriminatory or offensive terms.
4.18 Cellars may not include political, religious or controversial material on any Advertisement or part of the Site. We reserve the right to immediately cancel and remove, without notice or refund, from the Site, any Advertisement which is deemed by us to contain such content.
4.19 Cellars must not use this Site to promote any products not permitted to be sold via the Site nor advertise hyperlinks directing Buyers to other websites.
4.20 We do not permit data mining of any of the content on this Site in any way.
4.21 We do not permit the use of the Site to publish anything that could be considered spam, phishing, bulk electronic messaging, or anything else that contravenes Australian Law.
4.22 If you are the subject of an interview and/or article and/or feature and/or video of any sort appearing on the Site, you accept that the published interview and/or article and/or feature and/or video is prepared with editorial integrity and that our editorial decision is final. We shall take reasonable steps to ensure accuracy however you also accept the possibility that editorial errors can occur. Where such errors occur, we will make every effort to amend these errors as soon as they are discovered or brought to our attention but we will not liable for any adverse consequences, consequential damage or loss arising from any such error. Intellectual property rights
4.23 The Site is the property of CellarSpace and is protected by Australian Law and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.
4.24 No Cellar shall be entitled to claim any loss or damage against us for the use publication, republication, producing, reproducing, modifying, deleting, adapting or publishing any of the information provided by a Cellar to us.
4.25 If you submit information to the Site in which you have no Intellectual Property Rights, it is your responsibility to gain permission for publication or use from the original owner of that information. We may require production of evidence from a Cellar of its Intellectual Property Rights in the information submitted.
4.26 We do not claim any Intellectual Property Rights in the content of any Advertisement other than the content that is authored and published by us. By using this Site, all Cellars grant CellarSpace a Licence to use any and all of the information provided by such Cellars to CellarSpace with such Licence to be irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information. Social media
4.27 We may use social media and the Site may provide links to a number of social media sites, for example Facebook, Twitter, Skype LinkedIn, Viber and Instagram. We reserve the right to change, vary, increase, decrease or desist from its social media presence at any time at our sole discretion.
4.28 We may from time to time host our own social media function, including blogs, consumer reviews, ratings and forums but are not obliged to do so. We do not necessarily endorse, support, encourage, verify or agree with any comments or opinions posted by Users or third parties and any such posting does not necessarily represent the views of CellarSpace. We take no responsibility for all and any content on the Site except for such items which are specifically identified as being content produced by us.
Shipping and Delivery Policy
4.29 There are restrictions on the sale of alcohol in certain areas in Australia, which are determined by relevant State or Territory governments from time to time. It is the Seller's responsibility to ensure that delivery and consumption of a Product sold through the Site is permitted in the place to which that Product is to be delivered and consumed. We accept no responsibility for any Loss suffered by a Cellar in this regard.
5. Private Cellars
5.1 We will endeavour to display your advertisements as submitted by you. However we make no guarantees regarding placement, prominence, priority or order of listing, or content of other advertisements displayed on the same page as your Advertisement.
5.2 When a Private Cellar advertises a Product for sale on the Site, CellarSpace is offering that Product for sale on behalf of the Private Cellar and the Private Cellar grants CellarSpace tan exclusive right to sell that Product while the Product is advertised on the Site. This may involve the Product becoming the property of CellarSpace immediately before the sale to the Buyer completes.
6. Retail Cellars
6.1 You must meet the requirements to be a Retail Cellar to operate as such through the Site. We may require details and evidence of the same.
6.2 To advertise Products as a Retail Cellar on CellarSpace, you must be the licensee under a valid liquor licence enabling you to supply liquor when such liquor is ordered by internet.
6.3 As part of becoming a Member of our Site, you must provide CellarSpace with a copy of your liquor licence. CellarSpace will retain a copy of your liquor licence for our records however, we will not be liable for any breaches of any Australian Law, in particular, any liquor licensing laws or regulations in Victoria or any other Australian jurisdiction.
6.4 To sell Products on the Site as a Retail Cellar, you must become a Member and subscribe to the Site for at least the Minimum Term. A Member who is a Retail Cellar will create a Store Account. Once a Store Account is created, these Terms and Conditions apply to you as an agreement with us until terminated:
(a) after the Minimum Term - by either Party giving the other Party thirty (30) days' notice of intention to cancel a Subscription; or
(b) at any time - by us without notice where there has been or is a breach of these Terms and Conditions by you as a Retail Cellar.
6.5 As a Retail Cellar, you are totally responsible for Product fulfilment, warranty, service returns, refunds, customer service, dispute resolution in respect of sales of Products via the Site. We have no responsibility to a Buyer or Cellar for these duties.
6.6 By becoming a Retail Cellar on this Site, you acknowledge that we may recover all costs that are incurred in relation to honouring sales of Products on the Site including but not limited to costs in relation to Charge Backs, Merchant fees, fulfilment, warranties, returns and Product defects. These costs will be charged to your Preferred Payment Method as provided to us and you irrevocably authorise such debits.
6.7 Retail Cellar advertisements must be classified in nature. Blanket advertisements such as "25% off all wine" are considered to be generic advertising and are not permitted Advertisements. Failure to comply may result in your Membership and Store Account being suspended or cancelled.
6.8 All Advertisements placed by Retail Cellars must be for Products that are in stock with the Retail Cellar and available for immediate purchase. We may require an assurance or evidence of this from you from time to time. Failure to comply may result in your Advertisement being removed from the Site and/or your Membership being suspended or cancelled.
6.9 Except within the Allocated Area, under no circumstances are Retail Cellars permitted to advertise their business telephone number or web address within their advertisements on the Site. Failure to comply may result in your Advertisement being removed from the Site and/or your Membership and Store Account being suspended or cancelled.
Fees and payment
6.10 All fees listed on the Site are in Australian currency and are inclusive of GST and incur Merchant fees.
6.11 All sales by Retail Cellars on the Site are subject to Commission. This fee may be varied from time to time without notice. Payments of Commission will be based on the Product's Store Price and date of sale. Commission will be deducted from the Store Price once received from the Buyer by CellarSpace.
6.12 Details of fees can be found here. Payment of fees in relation to a Retail Cellar's Subscription will be charged monthly to the Retail Cellar's Store Account. Payments of fees in relation to a Retail Cellar's Subscription will be charged monthly commencing on the date that you opened your Store Account. For example, if you originally opened your Store Account on 10 February, your Store Account will be charged on 10 March and so on.
6.13 Once the Minimum Term has expired, we will continue to charge fees in relation to a Retail Cellar's Subscription to your Store Account until we have been given one month's notice of your intention to cancel your Subscription or your Subscription is otherwise terminated in accordance with these Terms and Conditions.
6.14 In the event that we materially change these Terms and Conditions, we will notify Retail Cellars. If you are a Retail Cellar, you may terminate the Subscription with CellarSpace within fourteen (14) days of such notice, failing which you are deemed to have accepted the changes to the Terms and Conditions. A change to these Terms and Conditions which is not material does not give Retail Cellars a right to terminate.
6.15 By creating a Store Account and agreeing to these Terms and Conditions, you have authorised us to debit funds from your Preferred Payment Method that may from time to time become due to us under your Store Account.
6.16 By agreeing to these Terms and Conditions you undertake to provide us with details of a Preferred Payment Method that enables us to credit or debit such account from time to time. You undertake to update or certify these details regularly and advise us if expiry dates or Card Verification Codes (CVCs), Card Security Codes (CSCs) or Printed Card Security Codes (PCSCs) change. We shall not be liable or responsible for the loss or delay of funds due to you as a result of your failure to provide accurate and current payment details in a timely manner.
6.17 We may give you at least fourteen (14) days' notice in writing of any changes to the Terms and Conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes.
6.18 Any Charge Backs or refunds attributable to your Store Account are your responsibility as a Cellar. At our discretion, we may reimburse Commission that relate to those Charge Backs. You shall provide us an appropriately completed and signed direct debit authority as and when required for these purposes.
6.19Payment of the Store Price (less our Commission) will be made via your Preferred Payment Method within thirty (30) days of the sale, subject to receiving payment for the Products in cleared funds from the Buyer. Cancellation of subscriptions
6.20 Cancellations of subscriptions must be sent to us in writing via mail to 134 Buckhurst St, South Melbourne, VIC 3205 or email to email@example.com We will notify you when your cancellation is accepted by us.
6.21 Service to your CellarSpace Store Account will still be maintained after we notify you of the cancellation of your Subscription and deactivated the day prior to the next subsequent billing date.
Promotion of good business practice
7.1 We aim to promote good business practices and a fair and efficient marketplace. All advertisers on the Site must comply with all and any Australian Laws or regulations that apply to any transaction on the Site in which you are involved. All Cellars are encouraged to act upon and promote best practice in open, fair and responsible sale of Products.
7.2 All transactions are processed in Australian dollars (AUD).
CellarSpace not a party to transactions between Users on the Site
7.3 We are not a party to any contract between a Buyer and a Cellar on the Site, although we may have the exclusive right to advertise and facilitate the sale of Products for Private Cellars who do not have a liquor licence. To the extent permitted by Australian law, there is to be no deemed association between a number of separate contracts.
Each purchase a separate contract
7.4 Each Purchase Order constitutes a separate contract between the Buyer and the Cellar.
7.5 In these Terms and Conditions 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.
7.6 All Store Prices are GST inclusive.
7.7 GST registered Cellars must supply CellarSpace with their ABN. It is the responsibility of the Cellar to notify us of their GST status prior to our Catalogue deadlines.
7.8 Commission, freight and insurance will attract GST.
You may request amendments to these Terms and Conditions
7.9 Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions in their particular case or for a particular transaction. Such requests will be considered by us on a case by case basis, and should be sent in writing via mail 136 Buckhurst St, South Melbourne, VIC 3205 or email to firstname.lastname@example.org These Terms and Conditions will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of CellarSpace and expressly identified as an amendment of these Terms and Conditions. All reasonable requests for amendments will be considered. Relationship of parties
7.10 By using this Site you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Terms and Conditions other than the agreement for us to host a Cellar's advertisement on the Site and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with CellarSpace. We may have the exclusive right to advertise and facilitate the sale of Products for Private Cellars who do not possess a liquor licence .
Governing law and jurisdiction
7.11 The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. Without limiting the application of any other applicable law, any restrictions or limitations contained in the Liquor Control Act 1958 (Vic) are deemed to apply to all sales effected through the Site.
7.12 The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.
Australian Consumer Law
7.13 To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.
7.14 To the extent permitted by Australian Law, we disclaim all warranties, representations, obligations and conditions, express or implied, with regard to any information, software or Products including but not limited to:
- merchantable quality;
- durability and fitness for a particular purpose;
- legal title;
- non-infringement of Intellectual Property Rights; and
- unfair contractual terms.
7.15 To the extent permitted by Australian law, CellarSpace or its suppliers are not liable for any Loss suffered by a Buyer or Cellar in respect of Products advertised on the Site.
7.16 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions by a User is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
Risk & Liability
7.17 Goods sold by CellarSpace will be at the Cellar's risk until delivered to the Buyer.
7.18 We give no warranties in relation to the authenticity of advertisers or Users of the Site. To the extent permitted by Australian Law, we give no warranty as to the Products purchased from Cellars on the Site.
7.19 Some information on the Site may be uploaded by Cellars from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Site does not imply our endorsement or liability in respect of such content.
7.20 Unless expressly stated by us, hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third party hyperlinks are provided as a reference solely for the convenience of Users. As a result we make no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third party website from the Site, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.
7.21 All reasonable care will be taken while compiling the Site's content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, Advertisements, software and Product descriptions may include inaccuracies.
7.22 We endeavour to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
7.23 By reason of occasional technological difficulties, and to the extent permitted by Australian Law, we will not be liable for any compensatory, punitive or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release CellarSpace, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.
Last Updated on February 2018 by CellarSpace Pty Ltd