Terms & Conditions

Usage of the European Wine Cellars website

These terms and conditions ("Terms") govern your use of European Wine Cellars, "(us", "we" or "our") services, website, and any linked pages ("Website"). By using the Website and/or the Service you agree to be bound by these Terms.

These Terms are governed by the laws in force in New South Wales, Australia and you agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia. In the event that any portion of these Terms is deemed by a court to be invalid, the remaining provisions hereof shall remain in full force and effect.

These Terms supersede all previous written or verbal statements or representations and constitute the sole and complete agreement between you and us in respect of your use of the Website and Service.

We may vary these Terms at any time. We shall give notice of any variations to these Terms by posting the revised Terms on the Website. Your continued use of the Website after such notice shall constitute acceptance of the variation. Further, we shall give notice of any variations to you by email to the email address supplied by you to us. Your use of the Service after receipt of such notice shall constitute acceptance of the variation.

Supply of alcohol to minors

The supply of alcohol to minors - children under the age of 18 - is illegal in Australia. By registering as a member of the European Wine Cellars website you are legally confirming that:

• You are at least 18 years of age. (Your birthday must be before 11 of Mar 1992)
• You will not supply any alcohol purchased from the European Wine Cellars website to a minor

Use of credit card billing facilities

You must be the card holder of any credit card used to purchase alcohol through the European Wine Cellars website, or must have the permission of the card holder to do so.

The use of an adult's credit card to purchase alcohol by a minor, with the card's owner or otherwise, is not permitted.

Intellectual Property Rights

The material contained on the Website is copyright European Wine Cellars. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Website, or create any other material using material on the Website, without obtaining our prior written consent.

The Website, products, technology and processes contained in the Website may be the subject of other intellectual property rights owned by us or by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Website must not in any way infringe the intellectual property rights of any person.

Product images

The images of products in our catalogue should be considered as a representation only, and may vary from the delivered product depending on the goods provided to us by our suppliers. We will endeavor to update our imagery should any of our suppliers permanently change either their bottle or label design significantly.

External Sites

The Website may contain links to, or frame, Websites of third parties ("External Sites"). We may not maintain or update the links.

Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the External Sites, or for any information, products or services referred to on the External Sites unless expressly indicated on the Website.

We make no warranties and accepts no liability in relation to material contained on External Sites.

If a third party links to the Website, it does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In many cases we may not be aware that a third party has linked to the Website.

Cookies

Cookies are small pieces of data stored on the web browser on your computer. Any web server (including this one) may:

• Store one or more cookies in your browser;
• Request your browser to transmit this data back to the web server; or
• Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.

The Website may store cookies on your web browser in order to improve service for you on your subsequent visits to the Website.

By using cookies, Websites can track information about visitors' use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.

If you disable the use of cookies on your web browser or remove or reject specific cookies from the Website or linked sites, then you may not be able to gain access to all the content and facilities of the Website.

Confidential Information

We do not want to receive confidential or proprietary information from you through our Website. If you transmit to or post on the Website any material, information or idea, it shall be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose.

Abuse of the website and/or services

We reserve the right to accept or deny membership to any individual at our own discretion, and to cancel the membership of any individual at any time who we suspect or can prove is guilty of abusing the website and services in any way.

We reserve the right to use logged information to aid us against abusive users, including but not limited to your computer's IP address, the operating system and web browser used to access the website, which links you have clicked on, and any form data you may have submitted.

Disclaimers and Limitation of Liability

Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, we:

• Exclude all conditions and warranties implied in these Terms;
• To the fullest extent permitted by applicable law, are not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with your use of the Website;
• Exclude liability for any special, indirect or consequential loss or damage including without limitation loss of revenue and loss of or damage to data, suffered or incurred by you in connection with the Website; and
• Make no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose.

Without limiting the general disclaimer, we, our parents, subsidiaries, affiliates, officers and employees:

• Are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date;
• Are not be liable for disruptions to the Website; and
• Are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of the Website or an External Site. You must take your own precautions to ensure that whatever you select for use from the Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Indemnification

You indemnify us, our parents, subsidiaries, affiliates, officers and employees from and against any and all actions, claims, suits, demands, damages, liabilities, costs and expenses whatsoever, including legal fees on a solicitor/client basis, which we or they may sustain or incur as a direct or indirect result of or arising out of, or in any way connected to, your use of the Website.