Terms of service

1. About these Terms

This website is operated by Yinvestment Pty Ltd ABN 40 666 093 321, trading as Mosman Cellars (“we”, “us” or “our”).

Our business address is 154 Spit Road, Mosman NSW 2088, Australia. Our NSW liquor licence number is LIQP700351721.

These Terms of Service apply to your use of our website at mosmancellars.com.au⁠ and to purchases made through our website. By using our website or placing an order, you agree to these Terms and the policies referred to below. If you do not agree, please do not use the website.

2. Alcohol sales and age requirements

It is against the law to sell or supply alcohol to a person under 18, or to obtain alcohol on behalf of a person under 18.

By ordering alcohol, you confirm that:

* you are at least 18 years old; and
* you will not supply the alcohol to anyone under 18.

We may ask you to provide proof of age. Alcohol will only be delivered to an eligible adult recipient and will not be supplied where prohibited by law. A delivery person may request valid identification and may refuse delivery if the recipient cannot establish that they are legally entitled to receive the alcohol, or if delivery would otherwise be unlawful.

3. Products, availability and substitutions

We try to ensure that product descriptions, images, vintages, prices and stock information on our website are accurate. Product images are for illustration; packaging and presentation may vary.

Products are subject to availability. If an item becomes unavailable after you place an order, we will contact you to discuss the available options. We will not substitute a different product or wine vintage without your agreement. If we cannot fulfil an item and you do not agree to an alternative, we will refund the amount paid for that item.

Promotions and special offers are available while stocks last, unless stated otherwise. Purchase limits may apply and will be shown with the relevant offer where applicable.

4. Prices and payment

All prices are in Australian dollars and include GST unless stated otherwise. Online prices may differ from prices at our retail store. Delivery charges and any other applicable charges will be shown before you complete your order.

We may update website prices from time to time. The price charged for your order will be the price shown at checkout when you place it. If we discover a material pricing or listing error affecting an order, we will contact you before processing it. You may choose to proceed at the corrected price or cancel the affected item for a refund.

Payment must be received or authorised before an order is dispatched. We accept the payment methods displayed at checkout.

5. Orders

After you place an order, we will send an order confirmation. If we cannot fulfil your order, or need to clarify an issue with it, we will contact you using the details provided at checkout.

We may cancel an order where we reasonably believe that doing so is necessary because of a stock or pricing error, a payment or security concern, a delivery restriction, or a legal or regulatory requirement. If we cancel an order after payment, we will refund the amount paid for the cancelled items.

You are responsible for checking that your order, contact details and delivery details are correct before completing checkout.

6. Delivery and collection

Delivery areas, available delivery methods, estimated delivery times and charges are shown at checkout. Delivery times are estimates and may be affected by circumstances outside our reasonable control.

You are responsible for providing a complete and accurate delivery address and ensuring that an eligible adult is available to receive an alcohol delivery. If delivery cannot be completed because no eligible recipient is available, we may arrange redelivery or collection. Any applicable additional delivery charge will be communicated to you before it is charged.

If your order is delayed, appears to be missing, or arrives damaged, please contact us as soon as reasonably possible with your order details. Nothing in these Terms limits your rights under the Australian Consumer Law.

7. Cancellations, returns and exchanges

Cancellations and changes before dispatch, change-of-mind returns and exchanges, and requests about faulty, damaged, incorrect or incorrectly described products are handled under our Returns, Exchanges and Cancellations Policy.

Nothing in that policy or these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

8. Website accounts

If you create an account, you must provide accurate information and take reasonable steps to keep your login details secure. You are responsible for activity carried out through your account, except to the extent that applicable law provides otherwise.

Please contact us promptly if you believe that someone has accessed your account without permission. We may suspend or close an account if we reasonably believe it is being used unlawfully, fraudulently or in breach of these Terms.

9. Privacy

We collect, use and handle personal information in accordance with our Privacy Policy. Please read that policy for information about what personal information we collect and how we handle it.

10. Website content and intellectual property

Unless otherwise stated, the content on this website—including text, images, logos and design—is owned by or licensed to Mosman Cellars and is protected by intellectual property laws.

You may view and use the website for personal, non-commercial purposes. You must not reproduce, distribute, modify or commercially use website content without our written permission, except where permitted by law.

You must not use the website unlawfully, interfere with its operation, attempt to gain unauthorised access to it, or upload harmful code or material.

11. Product reviews and other submissions

If you submit a review or other content, you must ensure that it is lawful, accurate to the best of your knowledge and does not infringe another person’s rights. You must not submit content that is misleading, abusive, defamatory, discriminatory, threatening, unlawful or promotional spam.

We may remove content where we reasonably consider that it breaches these Terms or applicable law.

12. Website availability and information

We aim to keep the website and its information current and available, but we cannot guarantee that the website will always be uninterrupted or error-free. We may update or change website content from time to time.

Product information is provided to help customers make purchasing decisions. If you notice an error or need clarification about a product, please contact us before ordering.

Links to third-party websites are provided for convenience. We are not responsible for the content or privacy practices of third-party websites.

13. Australian Consumer Law and liability

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a repair, replacement, refund or other remedy if a product or service does not meet a consumer guarantee.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, we are not responsible for loss caused by your misuse of the website, your failure to provide accurate order or delivery information, or events outside our reasonable control. This does not limit any rights or remedies that cannot lawfully be limited.

14. Changes to these Terms

We may update these Terms from time to time. The version applying to an order is the version available when you place that order, unless a change is required by law or agreed with you.

15. General

If any part of these Terms is found to be invalid or unenforceable, the remaining parts continue to apply to the extent permitted by law.

These Terms are governed by the laws of New South Wales and the applicable laws of the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

16. Contact us

For questions about these Terms or an order, please contact Mosman Cellars using the contact details on our website.