The agreement is a contract between the customer (you) and Lalor Enterprises

ABN 89007278873
Liquor Licence 32001208
115 Victoria Avenue
Albert Park,
3206
9690 5439

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 LIQUOR LICENSING Under the liquor control reform act 1998 it is an offence to supply alcohol to a person under the age of 18 (penalty exceeds $17,000) for a person under the age of 18 to purchase or receive liquor (penalty exceeds $700).

For sales made in Victoria, the sale of liquor pursuant to the offer to purchase from this website is made at our licensed premises attached to the licence number listed above. Your contract of sale is with Lalor Enterprise as the liquor is sold from our website by our licensee on behalf of Lalor Enterprise. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the aforementioned licensed premises.

ORDERING VIA WEBSITE
When placing an order with Abbey Cellars 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. 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. Persons under 18 years of age are not permitted to place orders for alcohol. You acknowledge and agree that you understand the prohibition on the sale and supply of liquor to minors and you confirm that you are at least 18 years of age.

DELIVERY

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

UNATTENDED DELIVERIES

Due to licencing regulations no goods can be left at the door or at any other address other than the one listed on the 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. Deliveries are made free of charge as outlined on the homepage, where the address is within the postcodes as listed. Any deliveries outside this area will incur a delivery fee. Anyone at the Delivery Address who receives the Goods shall be presumed by Abbey Cellars or its agents to be authorised to receive the Goods on Your behalf. Abbey Cellars may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. Abbey Cellars will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years or to persons who fail to provide proof of age satisfactory to Abbey Cellars that the person is aged eighteen (18) years or over. 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 TIMES
We will endeavour to deliver within the times nominated 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.

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. 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.

COST OF DELIVERY
The customer (you) understands that there is a cost incurred as per the website.

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. 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.

By you

You agree that you cannot change or cancel an order after it has been placed. If your order is being processed please contact the shop 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 agreeing 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 our store.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 at the nominated Delivery Address.

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.

ADDITIONAL INFORMATION AND TERMS

DELIVERY INFORMATION

We may notify you of delivery conditions relating to your particular order at or before the time of processing it.

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. Abbey Cellar’s 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. Abbey Cellars further does not warrant the accuracy and completeness of the materials, information or services at this Site. Abbey Cellars may make changes to the materials and services at this Site, or to the products and services described in them, at any time without notice. The materials and services at this Site may be out of date, and Abbey Cellars makes no commitment to update the materials and services at this Site.

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:

• you acknowledge that our sites (including this website and all mobile applications) (“Sites”) are provided “as is” and that we do not make any warranty or representation as to the suitability of the Sites, anything (including content and websites) to or from which the Sites are linked or any product for any purpose;
• the content of the Sites and all content to or from which the Sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;
• 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;
• 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;
• risk of loss of or damage to products appropriated to your order passes on delivery of them; and
• 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 “Delivery returns/non-collection” or “Cancellations” sections in our delivery 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.

PAYMENT OPTIONS

Abbey Cellar’s online accepts the following forms of payment:

• Visa
• MasterCard
• American Express
• Diners
• PayPal

RETURNS AND REFUNDS

Our Returns Policy includes the rights you have under the Australian Consumer Law (see below) and provides you with additional benefits in addition to those rights, because your satisfaction is important to us. Your rights under the Australian Consumer Law ‘Our goods 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have them replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.’ If in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will unreservedly refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return if Abbey Cellars is at fault. That is, if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or Abbey Cellars has breached a consumer guarantee. In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the customer.The fastest way to obtain a refund or exchange is to visit our store where one of us will be able to assist you immediately. If visiting a store is not convenient for you, then please contact our store directly as soon as possible on 9690-5439 to discuss the available options between the hours of 10am and 8pm seven days a week. You agree that you cannot change or cancel an order after it has been placed. If the order status is ‘Order being processed’, please contact one of us at the shop 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, You may check your order status. If the order status is ‘Order being processed’, please contact one of us at the shop 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 by bringing it to our store at 115 Victoria Avenue, Albert Park.

ADDITIONAL SERVICES

Abbey Cellars may from time to time offer You additional services, including but not limited to, party plan services. All terms and conditions of an such additional services shall apply and shall be incorporated and form part of these Conditions. The use of tubs and glasses is pursuant to the purchase of alcohol., and will require a cash deposit of $100, which is fully refundable on return of said items. Any breakages of glassware will incur a $5 cost per item. Abbey Cellars supports the Responsible Service of Alcohol governed by the specific legislation for the State of Victoria pursuant to the Liquor Licence held under Lalor

Enterprises ABN89007278873