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Terms and Conditions

This Agreement is a contract between the customer ("you") and Ebottleo ABN 34 141 881 138 ("ebottleo.com.au").

All orders are processed and distributed by Ebottleo ABN 34 141 881 138. Products are delivered from 79 Massie St. Cooma NSW 2630, Australia.Persons under 18 years of age are not permitted to place orders for alcohol.

ebottleo.com.au supports the responsible service of alcohol.

The terms and conditions under which you may purchase products from ebottleo.com.au are set out below.

Please read the following terms and conditions carefully before placing your order with ebottleo.com.au.

By completing the customer application process and using the ebottleo.com.au service, you acknowledge that you have read and

1. Interpretation

In These Conditions

"Agreement" means an agreement between you and ebottleo.com.au to supply Goods. The Agreement consists of the Order and these Conditions.

"Conditions" means these Conditions and any agreed written variations.

"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.

"Goods" means Goods described in an Order and includes packaging.

"Intellectual Property Rights" includes all rights in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise.

"Order" means an order by you to purchase Goods from ebottleo.com.au.

"Personal Details " includes, but is not limited to your name, Delivery Address and payment details.

"Product List" means the list of Goods displayed on the ebottleo.com.au website as amended from time to time.

"Service Fee" means the fee payable to ebottleo.com.au in respect of delivery of the Goods and handling costs associated with processing your Order as advised by ebottleo.com.au from time to time.

2. The Agreement

2.1 What is the Agreement

The entire Agreement between you and ebottleo.com.au for the purchase of Goods by you from ebottleo.com.au is:

(a) these Conditions; and (b) the terms of the Order.

2.2 When the Agreement is formed

The Agreement exists between you and ebottleo.com.au once ebottleo.com.au receives and accepts an Order in its email inbox. No obligation to sell or supply the Goods will arise until the Order is received and accepted in the email inbox. Each order may be accepted by ebottleo.com.au in its absolute discretion. ebottleo.com.au is authorised to unconditionally appropriate the liquor to the Order at the Licensed Premises on acceptance of the Order. Each Order is a separate agreement.

2.3 Set-Off

If you owe money to ebottleo.com.au under one agreement, ebottleo.com.au may set-off that money against any money that you owe to ebottleo.com.au under another agreement. If ebottleo.com.au owes money to you under one agreement ebottleo.com.au may set-off that money against any money that it owes you under another agreement.

3. Purchase Orders & delivery of goods

3.1 Delivery

See our Delivery Policy (click here).

3.2 Orders

You will place an Order with ebottleo.com.au by:

(a) selecting Goods on ebottleo.com.au's website, entering your Personal Details and pressing the "submit for processing" button; or

3.3 Authorised Receipt of Goods

Anyone at the Delivery Address who receives the Goods shall be presumed by ebottleo.com.au to be authorised to receive the Goods on your behalf. ebottleo.com.au may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age(driver licence or NSW Proof of Age Card or passport). ebottleo.com.au will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age(driver licence or NSW Proof of Age Card or passport). The Goods will not be delivered to persons under the age of eighteen (18) years or to persons who fail to provide proof of age(driver licence or NSW Proof of Age Card or passport) satisfactory to ebottleo.com.au that the person is aged eighteen (18) years or over.

3.4 Delivery requirements

ebottleo.com.au is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:

(a) to the adult person who placed the Order, or

(b) to another adult person at those premises who undertakes to accept it on your behalf, or

(c) if delivery takes place on a day following the placing of an Order, in accordance with the customer's instructions but always to a person over the age of 18 years.

The person responsible for delivering liquor may refuse to deliver the liquor to any person who fails to provide proof of age(driver licence or NSW Proof of Age Card or passport) satisfactory to the person responsible that the person is aged eighteen (18) years or over.

3.5 Additional Delivery Fee

If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered ebottleo.com.au may charge you and you may be required to pay an additional fee.

3.6 Delivery Hours

Trading Hours

Ebottleo delivers Mon to Fri between the hours of 10am and 8pm.

Exceptions can be made for alternate delivery times, please contact us prior to purchasing if you have special delivery requirements.

Saturday deliveries are available when arranged and order place 48hrs prior to delivery.

4. Risk & Title

4.1 Risk & Title

Risk and title of the Goods are passed on to you upon delivery of the Goods to the Delivery Address.

4.2 Returns or Refunds

Because of the nature of the product, we are unable to offer refunds for purchases made on this website. Please select your purchases carefully. We are happy to look at your concerns if there is a problem with your order however, but do not guarantee that we offer replacement product or a refund.

Order/s will be cancelled after three unsuccessful delivery attempts by Ebottleo for the same order and no refunds will be made.

5. Price of goods and payment

5.1 Price of Goods

Subject to clause 6.2 the price you shall pay for the Goods shall be the price specified on the Product List. You also agree to pay the delivery and handling fee (when applicable) in respect of each Order and all taxes, including goods and services tax, which Ebottleo is required to collect from you.

5.2 Variations

Ebottleo?s prices are subject to variation without notice. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.

5.3 Method of Payment

(a) Payment of Order

You may use your credit card (MasterCard, Visa.) ebottleo.com.au does not accept cash payment for Goods. Payment must be cleared before the goods are dispatched.

(b) Corporate Customer Account

You may make an application to set up a corporate customer account with ebottleo.com.au. If your application is accepted you will be required to sign ebottleo.com.au standard terms and conditions which will include details in relation to acceptable payment methods.

6. Out of Stock and Substitution

6.1 No Rain Checks

ebottleo.com.au will not provide rainchecks in respect of Goods ordered by you.

6.2 Substitution Policy

ebottleo.com.au will use its best endeavours to ensure that all Goods ordered by you are supplied to you. If the goods ordered by you are not readily available in stock, whenever possible ebottleo.com.au will offer to you a comparable product of equal or greater value.

7. Packaging and Labelling of Goods

ebottleo.com.au aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List are for illustrative purposes only. ebottleo.com.au does not warrant the accuracy of information contained on the Product List and recommends that you read the label on Goods carefully before consuming the Goods.

8. Licence

You are licensed to use the ebottleo.com.au website on your computer for your use in purchasing Goods from ebottleo.com.au. You acknowledge that you are not permitted to make any other use of the ebottleo.com.au website unless given prior written authorisation by ebottleo.com.au.

9. Intellectual Property Rights

9.1 You acknowledge that ebottleo.com.au or its related corporations own or are licensed to use all Intellectual Property Rights in ebottleo.com.au (including, but not limited to, any images, photographs or text which appears on the website). You agree that you will make no representation to the contrary, and that you must not use or copy ebottleo.com.au in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.

9.2 You acknowledge that any trade marks or logos which appear on the ebottleo.com.au website are owned by or licensed to ebottleo.com.au or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

10. Liability

10.1 You acknowledge that ebottleo.com.au service is provided "AS IS" and that ebottleo.com.au is not making and has not made any warranty or representation as to ebottleo.com.au's suitability of Goods for any particular purpose.

10.2 To the extent permitted by law, you agree that any liability of ebottleo.com.au arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you through use of ebottleo.com.au will be limited to:

(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and

(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

10.3 You agree that the entire risk arising out of installation, downloading, use or performance of ebottleo.com.au remains with you. To the extent permitted by law, you release and discharge ebottleo.com.au and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with ebottleo.com.au or this Agreement, including, without limitation, loss or damage caused by the negligence of ebottleo.com.au or its related corporations.

11. Security

If you are issued with a PIN or password by ebottleo.com.au you agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and forever indemnify ebottleo.com.au in relation to any liability howsoever arising out of the unauthorised use of your PIN or password.

12. Notification of Changes

ebottleo.com.au may add to, delete, or otherwise change any of the terms of this Agreement. ebottleo.com.au will notify you of any substantial changes to these terms & conditions as provided in clause 15. Your use of the ebottleo.com.au service after notice will constitute your deemed acceptance of such changes.

13. Privacy and Security

For details on the ebottleo.com.au Privacy and Security Statement, please refer to the Privacy & Security Hyperlink on the Home Page.

14. Termination

ebottleo.com.au may terminate this Agreement at any time by delivering notice (as specified in clause 15) or by sending you a system message advising that your shopping privileges have been removed. If this occurs, please contact the ebottleo.com.au. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.

15. Notices

ebottleo.com.au may give notice to you by electronic mail or by regular mail to your address contained in the membership registration information provided by you. You may give notice to ebottleo.com.au by electronic mail in Contact Us.

16. Promotions and Clearances

All specials, promotions, clearances, offers and discounted items advertised on the ebottleo.com.au website are available only while stocks last unless otherwise advertised. All terms and conditions of specials, promotions, clearances, offers and discounted items advertised on the ebottleo.com.au website shall apply.

Promotions not available in all areas.

17. Product Availablity

ebottleo.com.au reserves the right not to sell certain Products to any person to which, or in any location where, the sale of certain Products is restricted or prohibited.

18. Miscellaneous

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

The laws of NSW govern this Agreement.

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