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. www.cellarbrationsballarat.com.au is owned and operated by Mat’s Cellarbrations and is collectively referred to herein as “we,” “us,” or “our”.
When placing an order with Mat’s Cellarbrations via the website, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. We support the responsible service of alcohol and 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.
In these terms, “deliver” and “delivery” of products include collection of them under our Click & Collect facility.
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.
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.
We will endeavour to deliver within the times nominated and paid for by you at the time of your order. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.
If having commenced delivery of your order, we return any ordered products to our store or our storage site (or in the case of Click & Collect orders, any of your ordered products are not collected as close to the selected collection timeframes post receiving confirmation that your order is ready), 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 Click & Collect collection matters by using the “contact us” facility on cellarbrationsballarat.com.au or by telephoning 03 53302134.
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 Click & Collect 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:
any of the ordered products are not available;
there was any error in the description of any ordered products, or their price as advertised by us;
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 these terms and conditions (for example under “Delivery pre-conditions” above) provide that we may not deliver your order.
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 us as soon as possible by using the “contact us” facility on 24hr/day www.cellarbrationsballarat.com.au, or our Facebook page www.facebook.com/MatsCellarbrationsBallarat/ or by telephoning 03 53302134 office hours
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.
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.
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.
We may notify you of delivery conditions relating to your particular order at or before the time of processing it.
Changes to Terms and Conditions (including delivery charges)
Mat’s Cellarbrations terms and conditions may change or be suspended or terminated from time to time. These changes may relate, amongst other things, to our delivery charges. We will give advance notice of any such matters on cellarbrationsballarat.com.au. Continuing to use any of our facilities, including using or ordering from matscellarbrationsballarat.com.au after the period of advance notice has expired will be deemed acceptance of the amended terms and conditions.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information required for purchase or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify any information, except as required by law. No specified update or refresh date applied to our website or on any related website, should be taken to indicate that all information related to our website has been modified or updated.
Promotional Voucher Codes
Promotional vouchers cannot be exchanged for cash, used in conjunction with one another, Re-used on another transaction, or partially used across multiple orders.
The personal information we collect, and hold is what is reasonably necessary for our business functions and activities.
This information may include such things as:
- Your personal details such as your name, addresses, telephone numbers, age and gender;
- Your customer reference number or rewards card number;
- Any rewards and redemption details applicable to your membership of our rewards programs;
We require personal information from you in order for us to:
- Deliver orders as promptly as possible;
- Sell and promote goods and services;
- Assist in investigating any complaints or enquiries;
- Improve on the range of our offerings;
Use of Personal Information by Third Parties
Mat’s Cellarbrations may use third parties to manage certain business functions and activities from time to time, including, but not limited to, promotions and statistical analysis. These parties may have access to the personal information submitted by visitors who participate in those activities. Similarly, we may contract with third parties to handle requests for information that is submitted to our website. For instance, we may send you a newsletter. We will, in most cases, instruct these third parties to use this personal information only for the specific purpose for which we collected it.
We do not hold any credit card or payment details. Personal information we hold is generally stored in computer systems. These may be operated by us or by our service providers. In all cases, we have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, personal information.
Right of Access and Correction
We will provide you with access to any of your personal information we hold (except in limited circumstances recognised by law). Generally, if any of that information is incorrect, you can have that information corrected.
We dispatch from Mtclear Store Monday to Friday. If your order is in by 3pm Monday to Friday, it will usually be ready for dispatch according to the delivery requirements. After 3pm orders may be held over the next dispatch day. Please call 03 5330 2134 for other arrangements.
We use Startrack and/or others to deliver most of our orders, and therefore cannot accept PO Box addresses. Please provide a home or work address and if possible, let us know if it is safe to leave the order if you are not home at the time of delivery.
Deliveries to Victoria, Adelaide, Canberra and Sydney are usually next day. Brisbane, regional NSW and regional SA are usually delivered in two days and other areas will be 3 to 5 days except northern WA and Northern Territory which can take up to two weeks depending on timings of freight services to these regions.
Shipping is free for orders above $300. For orders less than $300, shipping is charged at check out. Retail Limits may apply.
If you have any further questions, please contact us on 03 5330 2134.
Mat’s Cellarbrations supports the responsible service of alcohol. It is against the law to sell or supply to, or obtain alcohol on behalf of, a person under the age of 18 years. You must be over 18 years of age to place an order online or receive a delivery.
Returns & Refunds
If in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will cheerfully refund your money or exchange the product. In all other circumstances, including change of mind, freight charges will apply on returned items. Proof of purchase must be provided to obtain a refund/exchange and the product must be in a saleable condition. Saleable condition is defined as:
- Within its use by or best before date;
- Packaging is not damaged and in original condition;
- No heat damage (beer, red wine etc);
Returns can be made in person via any of our 3 physical stores or via post to ‘PO Box 134 Mt Clear Vic 3350’. Refunds will take some time to process and will not be completed upon return unless prior contact and arrangements have been made. If your purchase incurred a delivery fee, Mat’s Cellarbrations cannot refund this fee. However, in our experience most supplier claims have been paid for by the supplier (depending on supplier).