The following Terms and Conditions apply to orders placed via the mixedcases.com.au website. If you do not agree to these terms and conditions, please do not use this site.
Terms and Conditions
This agreement is a contract between you (the 'customer') and YourWines™ Pty Ltd ABN 67626315562 trading as mixedcases.com.au.
mixedcases.com.au operates under NSW Liquor License number LIQP770017759 and owns the website mixedcases.com.au and is the supplier of alcoholic beverages via this website.
Persons under 18 years of age are not permitted to place orders for alcohol.
mixedcases.com.au supports the responsible service of alcohol.
The terms and conditions under which you may purchase products from mixedcases.com.au are set out below. Please read the following terms and conditions carefully before placing your order.
By completing the customer registration process and using the mixedcases.com.au service, you acknowledge that you have read and understood these terms and conditions and agree to be bound by the terms and conditions of this Agreement.
Purchase Orders & Delivery of Goods
Delivery Area
YourWines.com.au delivers goods across Australia, with the exception of the Northern Territory and areas that are classified by the Australian Government as dry zones or Australian Islands that are classified as in International Waters. YourWines.com.au does not currently offer international shipping. Estimated delivery times vary between 2 and 10 days and delivery day or time cannot be guaranteed.
Order Placement
To place an Order with YourWines.com.au:
- Selecting Goods at the mixedcases.com.au website, entering your Personal Details and pressing the "add to cart" and 'process order' button; or
- Selecting Goods and instructing mixedcases.com.au by e-mail that you wish to purchase the Goods, and providing your Personal Details.
We cannot guarantee availability of all products at all times. In the event that a product is unavailable when you place your order, we shall contact you to arrange replacement, or another acceptable arrangement for the completion of your order.
All goods are offered subject to availability. We cannot guarantee the availability of specific vintages.
Where a wine vintage is not available, another vintage may be substituted.
We reserve the right not to accept any order and to limit products purchased to retail quantities.
All specials, promotions, discounts, clearance offers advertised on YourWines.com.au are available only while stocks last unless otherwise advertised.
Use of promotional codes sent with orders from time to time are subject to the following conditions:
Applies only to purchases made on www.yourwines.com.au; the discount is off the product price - it does not include shipping; Coupon is valid for one order only and only one Coupon per order may be used; This offer is not valid with any other YourWines promotion; This offer does not apply to bulk or wholesale orders; Not available on phone orders.
Authorised Receipt of Goods
If the delivery address is unattended at the time of delivery, an “article awaiting” card will be left, advising the customer of the next steps. This is unless express authority has been given by the customer to leave the goods unattended in a safe place and the driver deems it safe to do so.
Anyone at the Delivery Address who receives the Goods shall be presumed by mixedcases.com.au to be authorised to receive the Goods on your behalf. Under Liquor Licensing Laws, customers must be 18 years of age in order to place and receive deliveries. For this reason, we reserve the right to leave an “article awaiting” card if proof of age cannot be provided at the time of delivery. We also reserve the right to refuse to leave goods unattended in the event the delivery driver is concerned that minors are in the vicinity of the premises.
By placing an order, the buyer confirms they are at least 18 years of age. If buying wine as a gift, the recipient must also be at least 18 years of age.
Risk and Title
Upon delivery of the goods to the customers chosen address, the risk and title of the goods passes to the customer.
Returns and Refunds
Claims for any broken or damaged goods must be reported within 24 hours of delivery to hello@mixedcases.com.au
If you are not satisfied with the quality of the Goods you have received from MixedCases.com.au contact us by email hello@mixedcases.com.au within two weeks of receipt of goods.
Returns: If a wine is to be returned to MixedCases.com.au. A return shipping label will be provided after contacting our support team, please take it to your nearest Australia Post office. You must keep the wine in a safe place and take reasonable care of it. Wine should be returned in its original packaging or packed to avoid breakage during transport back to MixedCases.com.au.
Refunds: If a refund of product is deemed appropriate, MixedCases.com.au will refund within 30 days of return of product to our warehouse.
Price of Goods & Payment
Price of Goods
The price the customer will pay for goods ordered will be the price specified on the product list plus delivery fees to ship the goods to the specified destination. All prices quoted are in Australian Dollars and include GST. Price variations do occur, the price paid will be the price quoted on the date of order.
Method of Payment
mixedcases.com.au accepts payment by MasterCard, Visa and PayPal.
Payment must be received in full before goods are dispatched.
Liquor Licensing Act
The sale of liquor pursuant to the offer to purchase form the mixedcases.com.au website is made at our licensed premises attached to NSW License number LIQP770017759. Your contract of sale is with mixedcases.com.au and your offer to purchase is subject to acceptance of your offer by the holder of the liquor license, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the above mentioned licensed premises.
Intellectual Property
The material displayed on mixedcases.com.au is subject to copyright owned by mixedcases.com.au and is protected by law. Visitors to the website must not do anything to prejudice the rights of the logo or graphics associated with the mixedcases.com.au brand.
Copyright: All content included on this site, including but not limited to text, graphics, logos, button icons, award icons, images and software is the property of mixedcases.com.au is protected by the Commonwealth of Australia Copyright Act 1968 and other international copyright laws.
Permission is granted to display and download or print portions of the material from the site solely for your own non-commercial use or to place an order with mixedcases.com.au.
Any improper use, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.
Third-party links and content: mixedcases.com.au may provide links or references to third party websites (Third Party Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). mixedcases.com.au is not responsible for and does not endorse the content of Third Party Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Third Party Linked Site or any Third Party Material, or for any goods or services offered via Third Party Linked Sites. mixedcases.com.au does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Third Party Linked Sites. mixedcases.com.au is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.
Security
If you (the customer) are issued with a password by mixedcases.com.au you agree to take responsibility for the safekeeping of your password. If any unauthorised person uses your password you are liable for their use and you agree to release and forever indemnify mixedcases.com.au in relation to any liability howsoever arising out of the unauthorised use of your password.
Notification of Changes
YourWines.com.au may add to, delete, or otherwise change any of the terms of this Agreement without notice. In case of a modification, the pre-existing terms and conditions continue to apply to any products ordered via the website before the change takes effect.
Liability Disclaimer
The information, software, products, and services included in or available through the mixedcases.com.au web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. mixedcases.com.au and/or its suppliers may make improvements and/or changes in the mixedcases.com.au website at any time. Advice received via the mixedcases.com.au web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
mixedcases.com.au and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the mixedcases.com.au website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. mixedcases.com.au and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall mixedcases.com.au and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the mixedcases.com.au website, with the delay or inability to use the YourWines.com.au website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the mixedcases.com.au website, or otherwise arising out of the use of the mixedcases.com.au website, whether based on contract, tort, negligence, strict liability or otherwise, even if mixedcases.com.au or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the mixedcases.com.au web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the mixedcases.com.au website.
Service contact: info@mixedcases.com.au
Privacy and Security
mixedcases.com.au has a clear privacy and security policy.
Viruses
You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of the website: You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website, including, but not limited to, by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the website or any computer. You must not post on the website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. mixedcases.com.au may block/delete from the website any material posted to the website that mixedcases.com.au decides contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must not attempt to use the website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the website in contravention of these Terms may result in you being banned from the website, being liable to mixedcases.com.au for breach of contract and/or infringing applicable law.
Applicable Law
These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.