Welcome to Cellarbrations Como. The terms "we", "us" and "our" refer to Cellarbrations Como. We operate this website and online store, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience (the "Services").

The following terms and conditions, together with any policies referenced herein ("Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age. You must not use or access our Services if you are under 18 years of age.

To use the Services — including browsing our online store or purchasing products — you may be asked to provide information such as your name, email address, billing, payment, and delivery details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or otherwise deal with your account rights to any other person.

SECTION 2 — LIQUOR SALES — AGE RESTRICTIONS AND RESPONSIBLE SERVICE

Minimum Age Requirement.  It is illegal under the Liquor Control Act 1988 (WA) to sell or supply liquor to a person under the age of 18 years. By placing an order, you confirm that you are 18 years of age or older, and that the person collecting or receiving the order is also 18 years of age or older.

Age Verification at Collection.  Government-issued photo identification (such as a driver's licence, passport, or Keypass card) is required when collecting a click-and-collect order. If the person collecting the order cannot provide satisfactory proof of age, the order will not be released. No refund will be provided in these circumstances unless the order has not been prepared.

Responsible Service of Alcohol.  We are committed to the Responsible Service of Alcohol (RSA). We reserve the right to refuse supply to any person who appears intoxicated at the time of collection, or where we have reasonable grounds to believe the order may be supplied to a minor. Orders may be cancelled without refund in such circumstances.

Promotions and Quantity Limits.  We reserve the right to limit the quantity of any product available for purchase per order, in line with responsible service obligations and our liquor licence conditions.

Harm Minimisation.  We support the objects of the Liquor Control Act 1988 (WA), which include minimising harm or ill-health caused to people due to the use of liquor. We encourage customers to drink responsibly. For support with alcohol use, visit www.drinkwise.org.au.

Licence Details.  Cellarbrations Como holds a Liquor Store Licence issued under the Liquor Control Act 1988 (WA). Licence No: [INSERT LICENCE NUMBER]. Licensee: [INSERT LICENSEE NAME].

SECTION 3 — OUR PRODUCTS

We have made every effort to accurately represent our products and services online. However, colours, labels, and product appearance may differ from how they appear on your screen due to your device type and display settings. We do not warrant that the appearance or quality of any product will meet your expectations or match how it is depicted on the website.

All product descriptions, prices, and availability are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available for purchase per customer, order, or geographic area.

SECTION 4 — ORDERS

When you place an order, you are making an offer to purchase. Cellarbrations Como reserves the right to accept or decline any order at its discretion. Your order is not accepted until we confirm acceptance. Payment must be received and processed before an order is accepted.

Please review your order carefully before submitting. Once accepted, we may be unable to accommodate cancellation requests. In the event we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, phone number, or billing address provided at the time of ordering.

Your purchases are subject to return or exchange in accordance with our Refund Policy [LINK] and applicable Australian Consumer Law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.

SECTION 5 — PRICES AND BILLING

All prices are displayed in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated. Prices are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as set out in your order confirmation.

Prices on this website may differ from prices offered in-store or by other retailers. We may offer promotions or discounts from time to time, governed by their own terms. Where a conflict exists between a promotion’s terms and these Terms, the promotion’s terms will govern.

You agree to provide accurate and complete billing and payment information. You warrant that you are authorised to use the payment method provided and that charges will be honoured. You agree to pay all charges at posted prices, including any delivery fees and applicable taxes.

SECTION 6 — DELIVERY AND CLICK & COLLECT

Click & Collect.  Orders placed through click-and-collect are available for pickup during our permitted trading hours. A 'Ready for Collection' notification will be sent to you when your order is prepared. Uncollected orders may be cancelled after [INSERT NUMBER] days.

Local Delivery.  Where local delivery is offered, all delivery times are estimates only and are not guaranteed. We are not responsible for delays outside our control. Once an order is transferred to a delivery driver, risk of loss passes to you at the time of successful delivery.

Delivery — Age Verification.  The recipient must be 18 years of age or older and must be present to accept delivery. Government-issued photo ID may be required. Liquor will not be left unattended at an unoccupied premises. If delivery cannot be completed due to the recipient's absence or inability to verify age, the order may be returned and a redelivery fee may apply.

Trading Hours.  Orders can only be accepted and fulfilled during our permitted trading hours under our WA Liquor Store Licence. Orders placed outside trading hours will be processed on the next available trading day.

SECTION 7 — INTELLECTUAL PROPERTY

All content on our website and Services — including but not limited to trademarks, brands, text, images, graphics, product descriptions, video, audio, and the design, selection, and arrangement thereof — is owned by Cellarbrations Como or its licensors and is protected under Australian and international copyright and intellectual property laws.

These Terms permit you to access and use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

Cellarbrations Como's name, logo, product names, and slogans are trademarks of Cellarbrations Como or its licensors. All other trademarks displayed on the Services belong to their respective owners.

SECTION 8 — OPTIONAL TOOLS AND INTEGRATIONS

We may provide access to tools or services offered by third parties as part of the Services. We do not monitor, control, or endorse such third-party tools and provide access to them on an "as is" and "as available" basis, without warranty of any kind.

We accept no liability arising from or relating to your use of any third-party tools accessed through our Services. Use of such tools is entirely at your own risk, and you should review the terms of the relevant third-party providers before use.

SECTION 9 — THIRD-PARTY LINKS

Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any linked third-party sites. Accessing such sites is at your own risk and subject to the terms and policies of those sites.

We are not liable for any harm or damages arising from your access to or use of any third-party website or content. Questions or complaints regarding third-party products or services should be directed to the relevant third party.

SECTION 10 — PRIVACY

All personal information we collect through the Services is handled in accordance with our Privacy Policy [LINK] and the Privacy Act 1988 (Cth). By using the Services, you acknowledge that you have read and agree to our Privacy Policy.

We may share information with trusted third-party service providers to operate and improve the Services, as described in our Privacy Policy. Information may be processed or stored outside Australia in accordance with applicable law.

SECTION 11 — FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including operating and improving the Services.

You represent and warrant that: (i) you own or have all rights necessary to the Feedback; (ii) you have disclosed any compensation received in connection with your Feedback; and (iii) your Feedback complies with these Terms.

We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it. We may, but are not obliged to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, defamatory, or otherwise objectionable.

You are solely responsible for your Feedback and its accuracy. You agree that your Feedback will not violate the rights of any third party, contain unlawful or abusive content, or include any malicious code.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Our Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, or delivery. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice, including after an order has been submitted.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You must not:

•        Use the Services for any unlawful or malicious purpose, or in violation of any applicable law or regulation;

•        Infringe upon the intellectual property rights of Cellarbrations Como or any third party;

•        Harass, abuse, defame, threaten, or harm any person;

•        Transmit false, misleading, or deceptive information;

•        Transmit unsolicited advertising, spam, or chain communications;

•        Impersonate any person or entity;

•        Upload or transmit viruses or malicious code;

•        Reproduce, duplicate, copy, or exploit any portion of the Services without our consent;

•        Collect or track the personal information of other users;

•        Use robots, spiders, scrapers, automated tools, or AI agents to access the Services without our consent; or

•        Interfere with, bypass, or circumvent any security or access control features of the Services.

 

We reserve the right to suspend or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.

SECTION 14 — AUTOMATED AGENTS

14.1  This section applies if you use, allow, enable, or cause the deployment of an automated agent (“Agent”) to access, use, or interact with the Services. An “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct human supervision.

14.2  No Agent may access the Services unless it complies with the requirements in clause 14.4 at all times, and unless we have not requested that the Agent refrain from accessing the Services.

14.3  We may limit, including by technical means, whether and how any Agent accesses or interacts with the Services.

14.4  Agents must: (i) identify themselves as Agents in all HTTP/HTTPS requests by including “Agent/[agent name]” in the user agent string; (ii) not conceal or obfuscate that interactions are from an Agent, including by mimicking human behaviour or bypassing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether interactions are from a human or a computer; and (iv) not circumvent any measure intended to control or limit Agent access.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services at any time, in our sole discretion, without notice. You will remain liable for all amounts due up to the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information on the Services is provided for general information purposes only. We do not warrant its accuracy, completeness, or suitability for any particular purpose. Any reliance on such information is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CELLARBRATIONS COMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

Where our liability cannot be excluded under the Australian Consumer Law or any other statute, our liability is limited, to the extent permitted by law, to the re-supply of the relevant products or services, or the cost of having those products or services re-supplied.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cellarbrations Como, and our affiliates, officers, directors, employees, agents, contractors, and licensors, from and against any losses, damages, liabilities, or claims — including reasonable legal costs — arising from: (1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your use of or access to the Services.

We will notify you of any indemnifiable claim, though failure to do so will not relieve you of your obligations unless you are materially prejudiced by the delay. We may control the defence and settlement of such claims, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld).

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law. The unenforceable portion will be severed from these Terms, and such determination will not affect the validity or enforceability of any remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on the website, constitute the entire agreement between you and us regarding the Services, and supersede all prior agreements, communications, and proposals, whether oral or written.

SECTION 21 — ASSIGNMENT

You may not transfer, delegate, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so without consent is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you.

SECTION 22 — GOVERNING LAW

These Terms of Service are governed by and construed in accordance with the laws of Western Australia, Australia, without regard to conflict of law principles. You and Cellarbrations Como submit to the exclusive jurisdiction of the courts of Western Australia for the resolution of any dispute arising out of or in connection with these Terms or your use of the Services.

Nothing in these Terms is intended to limit any rights you may have under the Australian Consumer Law or any other applicable Commonwealth or Western Australian legislation.

SECTION 23 — HEADINGS

Section headings in these Terms are for convenience only and do not affect the interpretation of any provision.

SECTION 24 — CHANGES TO THESE TERMS

We reserve the right to update or replace any part of these Terms of Service at any time, at our sole discretion, by posting the revised Terms on this page. It is your responsibility to check this page periodically for changes.

We will notify you of material changes in accordance with applicable law. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

SECTION 25 — CONTACT INFORMATION

Questions or concerns about these Terms of Service should be directed to us at:

 

Cellarbrations Como

como@comoliquor.com.au

296 Canning Highway, Como WA 6152

(08) 9474 2229

ABN: 94 233 976 285

Liquor Licence No: 6030003053