These Terms and Conditions (“Terms”) apply to the website cellarbrationscomo.com.au (“Site”) operated by The Trustee for Jai Jai Maakali Family Trust (ABN 94 233 976 285) trading as Cellarbrations Como (“Cellarbrations Como”, “we”, “our”, “us”). By accessing or using this Site, you agree to be bound by these Terms and our Privacy Policy.
1. About us
This Site is operated by The Trustee for Jai Jai Maakali Family Trust (ABN 94 233 976 285) trading as Cellarbrations Como.
By using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms.
2. Legal age and responsible service
You must be 18 years or over to purchase alcohol from this Site and to access any part of the Site that sells or advertises alcohol.
By placing an order, you warrant that you are at least 18 years of age and that any recipient of the products is also at least 18 years of age. Proof of age may be required on delivery or collection, and delivery may be refused if suitable identification is not provided.
3. Use of the website
You agree to use the Site for lawful purposes only and not to engage in any conduct that may damage, disable, overburden or impair the Site or interfere with any other person’s use of the Site.
We may suspend or terminate your access to the Site at any time if we reasonably believe you have breached these Terms.
4. Product information and availability
All prices on the Site are in Australian dollars and are inclusive of GST unless otherwise stated.
Products, vintages, packaging, pricing and promotions are subject to change without notice and may be available only while stocks last. If a product becomes unavailable after you place an order, we may contact you to offer a substitute, a refund or another suitable solution.
5. Orders, payment and pricing
Placing an order on the Site constitutes an offer to purchase the products in your cart. A binding contract is formed only when we issue an order confirmation or dispatch the goods.
We reserve the right to refuse or cancel any order, including for reasons such as pricing errors, stock shortages, failure of age verification or suspected fraud, and to correct any errors or omissions on the Site.
Payment must be made using the methods offered at checkout. You authorise us to debit the total amount of your order, including GST and any applicable delivery fees, from your chosen payment method at the time of ordering.
6. Delivery, click & collect and risk
Delivery options, fees and estimated timeframes are displayed at checkout and may vary by location and order size.
Risk in the products passes to you on delivery to the address you specify or when the order is collected. Title to the products passes only once full payment has been received by us.
For deliveries involving alcohol, an adult who appears to be at least 18 years of age must be present to accept the order. The driver may request acceptable identification. If suitable identification is not provided or no adult is available, the order may be withheld or returned and additional fees may apply.
7. Returns, refunds and breakages
To the extent permitted by law, returns and refunds are managed in accordance with the Australian Consumer Law and our Returns Policy as published on the Site.
If goods are faulty, damaged in transit or not as described, please contact us within a reasonable time with your order details and supporting evidence (such as photos of breakages) so we can assess the issue and, where required by law, repair, replace or refund the affected items.
8. Promotions and discount codes
From time to time we may offer promotions, discount codes or special pricing which may be subject to additional terms and conditions published with the relevant offer.
Promotions may be limited by time, stock, customer eligibility or location and may be withdrawn or varied at any time, except where doing so would breach the Australian Consumer Law.
9. Intellectual property
All content on the Site, including text, graphics, logos, images, icons and software, is owned or licensed by us and is protected by Australian and international intellectual property laws.
You may view, print and download content from the Site for personal, non‑commercial use only. You must not reproduce, modify, distribute, transmit or use any content for commercial purposes without our prior written consent.
10. Limitation of liability
To the maximum extent permitted by law, we exclude all warranties, representations and guarantees (whether express, implied or statutory) relating to the Site or the products, except for those that cannot be excluded under the Australian Consumer Law.
Where liability cannot be excluded, our liability is limited, at our option, to the replacement of the goods, the supply of equivalent goods or the payment of the cost of replacing the goods, except in relation to personal injury, death or other liabilities that cannot be limited by law.
11. Indemnity
You agree to indemnify and hold harmless Cellarbrations Como, The Trustee for Jai Jai Maakali Family Trust, and our officers, employees and agents from and against any claims, losses, damages, costs and expenses arising out of or related to your breach of these Terms or your misuse of the Site.
12. Third‑party links
The Site may contain links to third‑party websites which are provided for your convenience only.
We do not control and are not responsible for the content, policies, accuracy or security of any third‑party websites, and your use of those sites is at your own risk.
13. Privacy
We collect, use and disclose personal information in accordance with our Privacy Policy, which forms part of these Terms.
By using the Site or placing an order, you consent to the collection and handling of your personal information as described in our Privacy Policy.
14. Governing law
These Terms are governed by the laws of Western Australia, Australia. You submit to the non‑exclusive jurisdiction of the courts of Western Australia and the courts of appeal from them.
15. Changes to these Terms
We may update these Terms from time to time by publishing the revised version on the Site.
Changes take effect from the time they are posted. Your continued use of the Site after any changes are posted constitutes your acceptance of the updated Terms.