Select Store Arrow Down Icon

Terms & Conditions

About Us
 

1. The Independent Liquor Group Supplier Co-Operative Ltd (ABN 63 629 864 769), trading as SuperCellars

(a) The Independent Liquor Group Supplier Co-Operative Ltd (ABN 63 629 864 769), trading as SuperCellars, located at 16 Tyrone Place, Erskine Park NSW 2759 (We, Us, Our) is a company registered in Australia.

(b) For the purpose of this document, Our member stores are licensed premises that are members of the Independent Liquor Group Supplier Co-Operative, and also a member of the SuperCellars banner group (Member Stores).

(c) The Member Stores are not under Our control, ownership, or management, nor are the products offered by the Member Stores under Our control, ownership or management. To be clear, We are not a related entity to any of the Member Stores.
 

Operative Provisions
 

2. Our Services
2.1 What services do we provide?

(a) We provide an e-commerce platform on the SuperCellars website, supercellars.com.au (Website).

(b) The Website's online sales platform allows Member Stores to display their products available for purchase.

(c) We do not charge Member Stores for the use of the Website, however purchases from Member Stores are subject to a 2.2% surcharge.

(d) The Website is operated by Us, and as such, access and use of the Website, or any of the associated products or Services on the Website, is maintained by Us. To be clear, We are not responsible for the access, use and maintenance of the sub-URLs used by Member Stores which you may access through the Website,

(the Services).

2.2 How do you order the Services?

(a) The Services are ordered through the Website, where you are able to purchase available product(s) for collection or delivery from Our Member Stores.

(b) For products purchased for collection, you will be required to provide Us with information regarding your preferred location of collection from one of our Member Stores.

(c) For products purchased for delivery, you will be required to provide us with information regarding your preferred delivery location in order for Our Member Stores to deliver your order.

(d) To be clear, We do not directly supply or hold any alcoholic goods or products subject to the Services or advertised on the Website, with all such alcoholic goods and or products supplied to you by way of our Member Stores.

(e) As such, the delivery and collection of any orders that you place through the Website is facilitated by the relevant Member Store, and subject to the Member Store terms and conditions, including price, additional fees and charges, delivery, returns and cancellations.

(f) We recommend that you review any Member Stores' terms and conditions prior to your purchase of any products by way of the Website.

2.3 Pre-Conditions of Services

(a) It is against the law to sell or supply alcohol, or obtain alcohol on behalf of, a person under 18 years of age. You agree that We may reasonably rely on any person who:

  • Uses the Website; or
  • Who resides at the address for delivery of any Services provided by you to Us or by a Member Store; or
  • Any person authorised to collect goods subject to your use of the Services from a Member Store,

as being appropriately authorised for that purpose and of 18 years of age or older.

(b) You confirm that any information that you provide Us relating to your use of the Services is true and correct.

(c) You must not purchase any products from Us with the intention of reselling those products to a third party where any such resale is subject to separate licensing requirements that you are not able to meet.

3. Obligation to read and accept Terms and Conditions

(a) Please read these terms and conditions (Terms) carefully. As a condition of your use of the Website, you agree to be bound by the Terms.

(b) We reserve the right to review and amend the Terms at any time and at Our sole discretion.

(c) We reserve the right to terminate the Terms, or part thereof, at any time and at Our sole discretion.

(d) We reserve the right to terminate the Website, or part thereof, at any time and at Our sole discretion, including, but not limited to, stopping or restricting any access permissions, Services and/or products on the Website.

4. Registration to use the Website and Our Services

(a) In order to use the Website, you must confirm that you are 18 years of age or older.

(b) By using the Website, you confirm that the details you have provided Us regarding your age are true and correct.

(c) It is a condition of use of Our Services that you verify you are 18 years of age or older. If you do not confirm this, you can not access the Services.

5. Cancellation of orders by you

(a) You agree that you cannot make changes to any orders for products placed through the Website. If you wish to cancel your order, you must contact the Member Store through which your order for collection or delivery is to be completed.

(b) Any such cancellations are subject to the terms and conditions of the appropriate Member Store through which your order will be completed.

6. Cancellation of orders by Member Stores

(a) You agree that, subject to Member Stores terms and conditions, Member Stores may cancel and refund your order in whole or in part.

(b) You agree that We will not be held liable for any loss or damage that you may incur as a result of any orders cancelled by Member Stores that you have placed though the Website.

7. Personal Information

(a) By accessing the Services, you will be required to provide Personal Information to Us through the Website.

(b) Any information provided by you through your use of the Website is subject to Our Privacy Policy, which can be found at Privacy Policy.

(c) Our Privacy Policy provides details of how We collect, use and disclose your personal information, how you can access your personal information, or lodge a complaint with us in respect to the use and management of your personal information.

8. Registration to use Our Services

(a) In order to subscribe to use Our Services, you must provide Us with personal information, which may include, but is not limited to, the following:

  • Name;
  • Date of birth;
  • Telephone number;
  • Email address; and
  • Mailing address and/or postcode.

(b) By registering to use the Services, you warrant that any information that you provide Us, including any such information you may provide Us through your use of the Website, is accurate and up to date.

(c) By registering to use the Services, you warrant that you are of legal age to enter into a binding agreement with Us, and that you are not barred from doing so under Australian law or any other applicable law.

(d) We will not be held liable for any loss or damage which may occur as a result of inaccurate information provided by you in your use of the Services.

(e) By subscribing to the Services, you agree to receive electronic messages (via email and/or SMS) relating to your subscription and access to the Services. You may manage your subscription on the Website, or through electronic messages such as email and/or SMS.

9. Your obligations when using the Services

(a) By using the Website, you agree to use the website in compliance with, and for purposes permitted by, the Terms and any applicable laws, regulations, or generally acceptable guidelines.

(b) You agree not to use the Website for any illegal or unauthorised activities.

10. Orders made through the Website

(a) When you place an order for a product by way of the Website, your order details will be provided to your selected Member Store. The Member Store will prepare your order for collection or delivery.

(b) The Member Store will rely upon the address for delivery that you provide through your order on the Website. You warrant that any delivery information you provide is correct and current. You agree that Member Stores may refuse your order in the event that you fail to provide all required delivery details.

(c) All deliveries are subject to the terms and conditions of the Member Store through which the delivery is facilitated. You agree to be bound by the terms and conditions of the Member Store which you select through the Website to place your delivery order.

(d) We will not be held liable for any breach of the Member Stores' terms and conditions by you, and reserve the right to remove your access to the Website should you breach the Member Stores' terms and conditions.

11. Intellectual property

(a) You agree that We are the sole owner of all intellectual property rights in any information or documentation originally or exclusively created, developed or derived from the Website and the provision of the Services, as well as in any information or documentation We provide to you.

(b) The information and materials which form the Website are protected by copyright. Unless otherwise indicated, all rights to the Website content, including, but not limited to, images, logos, titles, names, illustrations, designs, marketing, graphics, text, icons and video, are owned or controlled by Us for use on the Website.

(c) Nothing in the Terms or on the Website is to be construed as Us giving you, or any third party, any licence, title, interest or other right in relation to any of Our intellectual property rights.

(d) You must not, without Our prior written consent, and the consent of any other relevant rights owners, republish, upload, transmit, post, distribute, show, adapt, or change in any way the Website content for any purpose.

12. Prices

(a) All prices displayed on the Website are in Australian Dollars.

(b) We reserve the right to change any prices displayed on the Website.

(c) Prices of products displayed on the Website may vary between the Member Stores. We will not be held liable for any loss or damage which you may incur due to any such price variations.

13. Disclaimer

(a) You acknowledge that We do not make any terms, guarantees, warranties, representations, or conditions regarding the Services other than those which are contained in these Terms.

(b) We will make all reasonable efforts to ensure that the information regarding products displayed on the Website is accurate, however you acknowledge that sizes, colours, and/or packaging of products may differ from what is displayed on the Website.

(c) Nothing in the Terms excludes any guarantees, warranties, representations or conditions imposed by law.

(d) We will not be held liable for any special, indirect or consequential loss or damage (unless such damage is directly caused by Our failure to meet any applicable guarantee or obligation under these Terms or applicable laws and regulations) as a result of or in connection with your use of the Website.

(e) Without any restriction or modification of any rights and remedies that you may be entitled to in accordance with the Terms and any other applicable law or regulation, including the Australian Consumer Law:

  • You acknowledge that the Website and the products shown on the Website are provided on an "as is" and "as available" basis. We do not make any warranty or conditions of any kind as to the suitability of the products shown on the Website.
  • We will not be held liable for any damage or loss that you may incur as a result of any failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records, unless such damage or loss is the direct result of a negligent act or omission by Us.
  • We will not be held liable for any damage or loss that you may incur as a result of the accuracy, suitability or currency of any information on the Website or any of its related products (including third party material and advertisements on the Website).
  • We will not be liable to you for any damage or loss arising from or connected to the Terms 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 a negligent act or omission by Us.
  • We will not be liable to you for any damage or loss arising from the content or operation of links displayed on the Website.
14. Liability

(a) You agree to indemnify Us, Our affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • Any direct or indirect consequence of any breach or damage resulting from you accessing or using the Website or Services or a product, or any breach of these Terms by your or any person acting on your behalf; and
  • Any breach of these Terms by Us.
15. Limitation of Liability

(a) You understand and agree that We, including Our Member Stores, employees, agents, contributors, third party content providers and licensors, shall not be liable to you for any direct, indirect, incidental or consequential damages that may be incurred by you through your use of the Website or accessing the services, except in circumstances where any such loss or damage is the direct result of a negligent act or omission by Us.

16. Changes to or Termination of Terms

(a) We reserve the change or terminate these Terms from time to time.

(b) We reserve the right to remove or amend any of the Services, products, access rights, or Member Stores on the Website.

(c) We reserve the right to discontinue or cancel any subscription to the Website at any time, and may suspend or deny, in Our sole discretion, access to all or any part of the Website or Services to you and/or third parties.