STORE POLICY

ADDITIONAL TERMS

These Additional Terms of Service for Customers (“Terms”) apply to all customers, or all potential customers of Cellar By Sea Pty Ltd [ABN 43643740121] (“we, us, our”). These Terms together with any other terms and conditions and policies including our privacy policy we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any customer of ours. If you do not agree, you cannot purchase any of our Products online. We may change this Agreement at any time, and by continuing to use or access our website and services, you are accepting those changes.

 

Our Products are alcoholic and non-alcoholic beverages. We also offer some food items. We deliver the Products to your watercraft in selected service areas as published on our website. We may accept or decline your order at our discretion. Where we accept your order we will give you an approximate delivery time. You must be on a fixed registered boat to receive your order, and provide your ID and a proof of address. Your boat must be on water, parked at a jetty, wharf, pier, quay or marina. Otherwise, you may provide a fixed address with an on water area to make deliveries.

RESPONSIBLE SERVICE OF ALCOHOL

We take our legal responsibilities in relation to the responsible service of alcohol seriously.

 

At all times we comply with the law in relation to the responsible service of alcohol and comply with our licence requirements. We are properly licensed and all staff are properly trained in RSA. We maintain an incident register, and have 360 degree cameras on our delivery boats to ensure compliance at all times. We will not at any time accept orders to sell outside of licensed hours, or to areas outside our permitted areas. 

The safety of our staff, customers and their friends and families are our number one priority. Please understand we will comply with RSA policy at all times to ensure this.

 

All customers must provide acceptable evidence of age whenever there is any doubt that they are under the age of 25 years old.

 

All our staff will request to check your credit card and licence and will refuse to sell to anyone approaching intoxication, or intoxicated or behaving in an unsafe manner. Where you behave in a disorderly, violent or quarrelsome manner, we may also, at our sole discretion refuse to sell. 

 

Any unsafe behaviour we witness will be reported by us the NSW Marine Police and relevant local police immediately.   

ADDITIONAL TERMS OF PURCHASE

BEFORE PURCHASE

Things you must do before purchasing Products on our website

You must:

  • be 18 years old and provide proof of identity such as a Drivers Licence;

  • provide complete and accurate information to us, including account and GPS location information, and promptly inform us of any updates to your information;

  • pay for the Product and the delivery service via the published payment methods available;

  • provide us with your boat registration no.;

  • have any special offer coupons ready as they must be used at the time of purchase to apply; they cannot be applied retrospectively;

  • be careful with your order because after placing an order we may not be able to cancel it as it will have been processed and paid for by us.

 

We encourage you to purchase snacks with alcohol, and low alcohol options. 

 

Acknowledgements you make when purchasing on our website

 

You acknowledge and agree that there may be:

  • occasional errors or omissions in Product descriptions, prices, delivery charges, delivery times, availability and promotions;

  • colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products;

  • some Products with limited quantities, and some delivery services that are limited to certain regions or groups of people.

 

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products and the delivery services. 

 

You further acknowledge and agree that some of our Products can spoil if not refrigerated soon after delivery. You agree to accept the risk in the Products from the time of delivery. 

In some instances, where we cannot fulfil your order, we will call you and ask if you would like a substitution or refund.

 

COVID -19

We are endeavouring to make our delivery service safe by only providing a contactless delivery to maintain social distancing. We also encourage the wearing of protective equipment, and additional cleaning and hygiene practices for our staff. However, we require your cooperation by acknowledging that COVID-19 is extremely contagious, and agreeing to maintain social distancing during delivery. You release and indemnify us from and against all Claims that may arise as a result of our delivery service. 

 

AFTER PURCHASE

Things you must do after purchasing on our website

You must:

  • contact us directly by email at cheers@cellarbysea.com.au if you have late, stolen or damaged deliveries;

  • contact us by email at cheers@cellarbysea.com.au if you have any issues with the Product or delivery service and require a refund; -  please contact us within 48 hours;

  • seek our prior written consent before any publication of information about us; and

  • in the case of a dispute keep all communications confidential.

 

Things we’d love you to do after purchasing on our website

 

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use  them  for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

 

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at cheers@cellarbysea.com.au

 

OTHER MATTERS YOU SHOULD BE AWARE OF

 

We may change information on our website and store

 

Except as required by law, we may at any time, and without prior notice to you:

  • change and update information including delivery charges, delivery times, availability and promotions;

  • change prices or descriptions of our Products;

  • change our range of Products, or discontinue Products and/or

  • cancel orders if information is inaccurate.

LIABILITY AND INDEMNITY 

 

To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Products purchased using the delivery service, including, but not limited to, any errors or omissions, price changes or discontinued Products, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Product.

 

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

  • the replacement of the products and service or the supply of equivalent products and services; or

  • the payment of the cost of replacing the products and services or of acquiring equivalent products and services.

 

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product and delivery service you have paid for.

 

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.

 

IF THERE IS A DISPUTE 

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

OTHER 

 

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this

 

Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

 

DEFINITIONS 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
 

Agreement means these Terms and all other terms and conditions and policies published or linked to on our website.
 

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
 

Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, 

PAYMENT METHODS

Credit  Debit Cards  PayPal  Offline Payments