Terms and Conditions
Terms and Conditions of using and purchasing via BilgolaCellars.com.au
- This Website is operated by Bilgola Cellars. Your use of the Website bilgolacellars.com.au is subject to the Terms and Conditions of use. If you do not agree with any of the Terms and Conditions of use, please do not access or otherwise use the Website.
- By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Under the NSW Liquor Control 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. By using this Website, you affirm that you are over the age of 18 and that the person receiving a shipment of wine is over the age of 18. Bilgola Cellars supports the responsible service of alcohol. Bilgola Cellars reserves the right to request further information such as photo ID and credit card information for validation of age, identity and address for security purposes. Failure to comply with requests for further information may result in cancellation of the order in question.
- While every effort is made to ensure stock quantities are accurately represented on the Website, please note not all products may be available. Payment will not be processed until we can confirm that stock is available.
- All specials, promotions, clearances, offers and discounted items advertised on the Website are available only while stocks last unless otherwise advertised.
- All prices are in Australian dollars and are inclusive of GST. Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated until your delivery details are provided in the checkout. Promotional offers and prices are as stated, with no further discounts available. You agree to pay the price of the products specified on the Website or quoted to you by our staff over the phone, including any delivery fee. We reserve the right to modify prices on the Website without notice. The price payable for the product is the price applicable on the date the products are confirmed as ordered. We endeavour to ensure all prices displayed are correct but occasionally an error may occur. If we discover a pricing error we will notify you. Product prices listed are applicable to online purchases on the Website only. Product prices listed may vary from prices available at the Bilgola Cellars retail store.
- Credit card payments are currently the only accepted form of payment for orders of products. Payment must be cleared before products are dispatched.
- In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- The copyright of all content (text, layout, design, images) on this Website belongs to or is licensed to Bilgola Cellars and Shopify.com, unless otherwise attributed. The content on the Website may not be copied on to other websites or into other works or otherwise used without written permission from Bilgola Cellars.
- Any images used on the Website are for illustrative purposes only, and although every effort is made to ensure accuracy, these images may not be entirely representative and should not be used as references for a product’s packaging, vintage, colour, etc.
- We obtain our information from sources we believe to be current and accurate at the time of publication. While all of the information on our Website has been published in good faith, aside from our obligations under the Australian Consumer Law, we do not guarantee that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.
- We reserve the right to modify, update or terminate the Website and Content or any part of them at any time in our absolute discretion, without notice or liability to you. You agree that it is your responsibility to monitor changes to our site. Any change or modification to the Website or these Website Terms and Conditions is effective immediately upon them being posted.
- Prices for our products are subject to change without notice
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Deliveries and Returns
- The delivery address that you nominate needs to be within a location where Bilgola Cellars provides delivery services. We will advise you if the delivery address which you nominate ceases to be in an area where we deliver goods. We will not be obliged to continue to deliver orders to you if you change your delivery address and the new delivery address which you nominate is not in an area within which Bilgola Cellars deliver goods.
- If there is no one at the delivery address or no one over the age of 18 to receive the order when the order is delivered, Bilgola Cellars may charge you and you may be required to pay an additional fee.
- All attempts will be made to ship items in original packaging. There may be instances where packaging can be damaged in transit. This includes products that Bilgola Cellars has received from suppliers. Minor label and/or packaging scuff is impossible to avoid in every instance, therefore we request that customers have realistic expectations in this regard. If you require a pristine example of the bottle and packaging please advise at the time of ordering and we will confirm the condition of the item(s) on hand and/or do our best to preferentially select the item(s). Alternatively, we recommend you visit the store to make your own selection.
- At this stage Bilgola Cellars only delivers to locations within Australia. NSW and VIC, Queensland, SA, TAS, have a standard delivery time of 2-5 business days. WA (Perth Only) can take up to 14 days.
- Bilgola Cellars offers a 7-day return policy on certain* products that are proven to be faulty in any way. Bilgola Cellars will offer a replacement where possible or a full refund. To satisfy this return process, we need to have access to most of the contents of the bottle in its original cork or cap to assess whether the wine is faulty before we can offer a refund/replacement. Bilgola Cellars will test all products returned to us within 7 days of receipt. Some wines may need to be returned to the original supplier/winery for further chemical analysis and/or testing. If the wine is determined to be in working condition, not defective or faulty, it will be returned to you and you will be invoiced for the processing and freight costs associated with the return. "Change of mind" returns are up to the discretion of management.
* It is important to note that a lot of our wines fall into the category of “Old and Rare.” These wines are in excellent condition in terms of their cellaring history in our cellar, levels, labels and physical appearance. Having said this, there is risk inherent to handling such items and the buyer must beware. The buyer accepts all losses ensuing from purchasing a tired or undrinkable "Old & Rare" wine. If you contact us within a reasonable period from the delivery of the wines, we will be happy to discuss whether we can provide a refund or exchange, but there is no guarantee. We are here to help in any way possible and don't want you to be disappointed, but we can only make a decision for any compensation on a case-by-case basis.
In the event that your product must be returned to Bilgola Cellars, please allow 3-7 business days for your refund to be processed after the product has been received.
In the event that you change your mind with respect to an order that you have places, please call (02) 9918 9169. Exchanges may possible at Bilgola Cellars’ sole discretion. For exchange of a delivered product, unfortunately additional delivery charges will be incurred at your expense. In this case, the delivery charge will be deducted from the refund to the customer. Please note that all change of mind returns must be in their original condition and packaging.
Privacy and Security
For more information on Privacy & Security at Bilgola Cellars click here
- All information, advice or other data on the Website is provided as general information only and should not be relied upon.
- Subject to our obligations under the Australian Consumer Law, We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Website or its Content for any particular purpose.
- Subject to our obligations under the Australian Consumer Law, We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs.
- We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and we expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by Bilgola Cellars of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.
- We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond our control. For the avoidance of doubt, Bilgola Cellars do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
- To the fullest extent permitted by law and without limiting any rights available under the Australian Consumer Law
- All conditions and warranties concerning the Website and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
- In no event will we (or our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Website) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Website or the Content;
- We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Website, the Content or the Services;
- Any claims arising in connection with your use of the Website, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and
- Remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms.
- Your rights and obligations under these Website Terms may not be transferred or assigned directly or indirectly without our prior written consent. We may transfer or assign our rights and obligations under these Website Terms.
- To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been read down or deleted to the extent necessary to overcome the difficulty.
- Bilgola Cellar's rights and remedies under these Website Terms cannot be waived except in writing signed by us. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of Our other rights.
- We will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
- These Website Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.