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Cellarit Terms & Conditions

By using the Cellarit web site or any Cellarit service you agree to the following conditions:

Skip to: Privacy Policy  Wine Buyers  Returns  Wine Sellers  Wine Storage  Insurance  Fair Use  Copyright  Disclaimer

PRIVACY POLICY

We appreciate that, in using Cellarit, you trust us with information about yourself and that you are rightly concerned that your personal information is not used or given to others carelessly or improperly. This page sets out our privacy policy. It describes the information we collect, how we safeguard it and how we may use it. By using Cellarit, you agree with the terms of our privacy policy.

What information do we collect?

We only collect information that is necessary for us to provide the Cellarit goods and services. This includes information that allows us to improve the services we offer and that allows you to consider related goods and services which you may find useful or interesting. The nature and quantity of information that we collect depends on the extent to which you use Cellarit. If you just browse pages on the site, we collect less information than if you choose to become a Cellarit member and use the full range of Cellarit services. Information we collect includes the following:

Information that you provide

To become a Cellarit member, you will need to provide us with details including your name, address, contact details, email address and date of birth. If you buy wine through Cellarit, you may also choose to give us your credit card details and other delivery addresses (such as your office address).

Electronic information

Whenever you access the Cellarit site, we collect and store information that is sent directly to our servers from your web browser. We also temporarily send small amounts of data to your browser. These are stored on your computer hard drive and are known as 'cookies'. Cookies allow us to identify who is using the site, making your use of the site quicker and more convenient by retrieving information that has been stored on our servers. For instance, if you had items in your shopping cart and left the site before completing your purchase, those items will appear in your shopping cart next time you access the site. Other information (for instance, the wine you own or, if you have chosen to store them, your credit card details) is only available after you submit your username and password. We may also use cookies in the future to collect data about the pages that you visit and how long you spend on them. This information will help us to continually improve the site and offer our members more of the content and features that they find useful.

Email information

We may choose to use technology that transmits a short confirmation to our servers when you open an email that we sent you. This lets us know that you have received the email and, in the case of special information or offers which may be emailed to you in the future, helps us provide information and offers of more interest to you.

Other information

We may get updated information about you from sources such as our shipping agents (for instance, that the address we have provided is out of date). We may also, at some time in the future, obtain information about you from sources not directly related to Cellarit. This will be solely for the purpose of giving you information or making offers to you that are tailored to your particular interests or needs. If we do obtain such information, we will only get it from organisations that adhere to a privacy policy that complies with the National Privacy Principles or any other law or code implemented to protect the privacy of individuals.

What if you don't want to provide us with information?

You can always choose not to provide us with information about yourself, but if you choose not to, you will not be able to become a Cellarit member and use Cellarit services. You can also disable the cookies function on your web browser. Information under the 'Help' menu should tell you how to do this. If you do disable cookies, you may not be able to use all the features of the site.

How we use the information we collect

We only use the information we collect to:

  • Facilitate and ensure the integrity of transactions and the use of Cellarit services by members and site users;
  • Improve the design, features and functions of the site;
  • Provide information of interest to you; and
  • Offer you goods or services.

Identifiers

We identify, access and retrieve your information by means of identifiers and codes generated by our system.

You can choose not to receive promotional material

If we send material to you promoting goods or services, it will always clearly identify how you can tell us that you don't want any more material sent to you.

We keep your information secure

We recognise the value you place on the privacy and security of your information. Once your data is on our servers, we ensure it cannot be accessed or tampered with by anyone unauthorised. Security features include:

  • Requiring the entry of your username and password before your personal information is transmitted to a computer;
  • Only employing staff in whom we have the highest confidence and ensuring that it is a condition of their service that they only access your information for proper reasons;
  • 128 bit encryption technology
  • Credit card data is not accessible by Cellarit staff. The details are encrypted before being stored. Only the last 4 digits are displayed after entry to remind you of your card details.

Protect your confidentiality

To ensure that unauthorised users can't access your information, please keep your username and password confidential and remember to sign out when you have finished using Cellarit.

We keep accurate data

We try to ensure that all our information about our members is complete, accurate and up-to-date. In many cases, we will only become aware that information is incorrect by accident (e.g. by a shipping agent telling us your address has changed) or because you tell us.

You can access and correct your information

We will provide you with access to the information that we hold about you whenever you reasonably request it. We can refuse you access to the extent that giving you access would:

  • Pose a serious and imminent threat to the life or health of any individual;
  • Have an unreasonable impact on someone else's privacy;
  • Involve us in breaking a law or court order;
  • Prejudice law enforcement or the maintaining of security; or
  • Would not be required in any court proceedings or action between you and Cellarit (providing there are actually court proceedings or an action on foot, or a dispute, the resolution of which is being negotiated).

We may charge a fee

Often, we will be able to give you access to information you request without difficulty or significant use of Cellarit resources. In such a case, we will provide access to your information without charge. In other cases, we may charge a fee for providing you with access to your information. The fee will not apply to lodging a request for access, but to the time and costs involved in actually providing access. It will not be excessive.

You can correct your information

You can contact us and request that we correct information that we hold about you if the information we hold is not accurate, complete and up-to-date. If we don't agree that the information needs correcting, we will take reasonable steps to link a statement to the information if you ask us to. The statement will record that you claim the information is not accurate, complete or up-to-date.

We will give you reasons

If we refuse to give you access to your information or to correct your information for some reason, we will provide you with the reasons for our refusal.

We can change this policy

We can amend or add to this policy from time to time. The policy currently applying will be displayed on this page.

Contact us

If you have any questions or concerns, please contact us. We will do our best to help.

CELLARIT WINE MARKET TERMS & CONDITIONS

WINE BUYERS

Cellarit practices responsible sale of alcohol License #36083323

WARNING

Under the Liquor Control Reform Act 1998, it is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000), and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).

We enjoy wine and appreciate that it enriches and enhances our lives, but we also believe that wine is enjoyed most when it is drunk in moderation. Cellarit recognises that the community has legitimate fears about the damage caused to individuals, families and society as a whole by excessive or inappropriate consumption of alcohol. We also recognise that the sale of wine by "remote" means, whether over the telephone, by mail order or on the Internet, presents particular problems that are not encountered in over-the-counter sales.

Shifting the focus from quantity to quality

Cellarit wants to foster the responsible enjoyment of wine. We encourage people to discover the pleasures of fine wine. By doing so, we believe that we are contributing to a shift in focus from quantity to quality consumption, and that this benefits the whole community.

Restrictions on delivery to protect minors

We have also adopted measures to deal with the specific problems associated with the sale of alcohol over the Internet.

In particular, we require that deliveries of wine may only be made to a person who is over the age of 18. The couriers who make deliveries on behalf of Cellarit have written instructions that:

  • if they have any doubt as to the age of the person taking delivery, they must confirm the age of the recipient by means of an appropriate photographic identification document; and
  • they are not to leave wine at premises which are unoccupied at the time of delivery.

Delivery will be delayed if there is not an adult with appropriate identification present when our courier calls.

Typographical Errors

The Cellarit Wine Market is designed to offer value & convenience to both wine buyers and wine sellers. Cellarit provides tools and software that enable wine sellers to list their wine 24x7 without Cellarit's intervention. Occasionally, a wine seller may make a typographical error of price or quantity that is not corrected prior to sale. In those circumstances and upon notification by the wine seller within 24 hours of the transaction, Cellarit will act as the sole arbiter to determine whether or not the transaction is to be rescinded in full or in part due to a listing error. Cellarit's liability is limited to promptly providing a full refund to the buyer. Cellarit may also hold the wine seller liable to pay the seller's commission as if the sale had proceeded.

More information about the selling wine with Cellarit process.

Returns Policy

The success of our business relies upon happy customers. Cellarit endeavours to provide the highest quality service and products and regularly invests in its staff, systems and procedures accordingly. We always try to solve any problem quickly and efficiently. However, we work on very narrow profit margins to offer our customers the best value, so there are limits as a commercial necessity.

Cellarit sells "second-hand" wine on consignment, similar to wine auctions. Cellarit inspects all bottles when they enter our facility makes every effort to note any significant defects. For example, a bottle might be noted as having an ullage (wine fill level) of "low shoulder" or there may be a "damaged capsule". References to label damage, such as "torn label" or "stained label" refer to the front label only. We also make every effort to note any signs of poor previous storage conditions, such as evidence of leakage. In the absence of any description to the contrary you can assume that the bottle is in good all-around condition for its age and type.

Although we make every effort to verify the outward condition of the bottle we can't guarantee the quality of what's inside the bottle. Even the best and most recent bottles may be "corked","off" or have other problems after the bottle is opened. The risk is greater for older bottles, especially those with low ullage levels. Also, movement during the delivery process can cause minor leakage. We regret that Cellarit cannot take responsibility for these problems as they are beyond our control.

When you purchase wine from the Cellarit Wine Market you are relying on Cellarit's expertise to describe the outward condition of the bottle. At its sole discretion, Cellarit may accept a return if there is a significant difference between Cellarit's description of the outward condition of the bottle and the actual outward condition of the bottle received (excluding transit damage): contact us by phone or email within 24 hours of receipt, describe the problem and supply photographs. We will notify you if we will accept a return and provide you with instructions. Under no circumstances will Cellarit accept a bottle for return once it has been opened or damaged.

If you insure your delivery using Cellarit's marine policy, underwritten by QBE Insurance, Cellarit will refund the cost of your purchase for any problem covered by the policy. You must keep the original packaging and bottles for inspection and notify us within 24 hours of receipt of any loss or damage. Please click here to view the terms & conditions of the policy.

Cancelled Orders

Cancellation prior to shipment

Cellarit will honour written requests, in the form of a reply to the order confirmation email, to cancel a purchase order provided that the order has not been dispatched for shipment. A refund of the amount paid, less a $10 clerical cancellation fee for each cancelled order, will be processed directly to the purchasers credit card within 2 business days of the written request. Alternatively, the purchaser may request a Cellarit account credit to be used for future purchases.

Cancellation after the order has shipped

If the order has been dispatched for shipment the order is considered final. However, at its discretion, Cellarit may honour written cancellation requests, in the form of a reply to the order confirmation email, for a credit for future purchases for the wine portion of the order only. Credits will be processed within 2 business days of the written request. If Cellarit agrees to a credit the following cancellation fees apply:

  • a return delivery fee (min. $25);
  • a return insurance fee of 1% of wine value
  • a restocking fee of $15
  • a $10 clerical fee

The above fees are representative of Cellarit's actual cost of processing cancelled orders. Refunds or credits are processed or applied net of the above cancellation fees.

Governing Law

Cellarit Wine Market transactions are governed by the laws of the state of Victoria, Australia.

Contact us

If you have any questions or concerns about Cellarit's policies for the responsible sale of wine, please contact us to discuss them.

WINE SELLERS

Legal Title

Wine sellers warrant that bottles lodged with Cellarit and listed for sale are the unencumbered property of the seller. Legal title passes to the buyer via Cellarit upon sale.

Consignment Sale

Wine sellers agree to appoint Cellarit as agent for the purpose of selling wine on consignment. Cellarit, at its sole discretion, may refuse or de-list a consignment if it is unsuitable for sale.

Wine Condition

Wine sellers warrant that all bottles lodged with Cellarit for sale have been properly stored and are in good condition. Properly stored means bottles have been kept in a cool and humid environment with minimal temperature variation. Good condition means that the seller is not aware of any faults in the wine itself. For example, this condition is violated if the seller has sampled a bottle and has found it to be "corked", "off" or otherwise faulty and as a result decides to sell other bottles of the same wine. Violation of this clause may result in payment to the seller being withheld if the buyer finds fault in the wine.

Listing or Withdrawing Wine for Sale

Wine sellers acknowledge they are in full control of the selling process via the tools provided to them on the Cellarit website. Specifically, sellers nominate the listing price and quantity of wine for sale and may change those prices and quantities at any time or withdraw bottles from sale.

Typographical Errors Made by the Seller

Typographical errors made by the seller in price and/or quantity are the responsibility of the seller. Sellers have 24 hours from the time of sale to notify Cellarit of a typographical error of this nature and Cellarit, at its sole discretion, may cancel the sale and return the wine to the sellers account. In this event the commissions payable will be charged to the seller and a $10 administration fee will apply.

Typographical Errors Made by Cellarit

Sellers acknowledge they are responsible for reviewing the list of wine in their account and for notifying Cellarit of any typographical errors made by Cellarit. For example, if Cellarit enters a wine into your account with the wrong vintage or wrong description you will notify Cellarit of the error so the wine can be accurately described accordingly. Errors of this nature by Cellarit are rare but if a wine is sold in error as a result, the sale may be rescinded by Cellarit, the wine returned to the sellers account and the error corrected by accurately describing the wine. There will be no commissions or fees payable by the seller in this event.

Payment of Cellarit's Fees

Wine sellers acknowledge they are responsible for paying Cellarit's fees for wine storage and commissions. These fees are described on the Cellarit website and each month the seller will receive a detailed account statement via email. If the seller owes money at the end of the month, for example if there are no wine sales during the month, the seller will pay Cellarit any monies due by credit card, bank transfer or cheque.

Payment to You

Wine sellers acknowledge that net proceeds of wine sales are paid on the 15th day of the month that follows the wine sales. For example, net proceeds for wine sales made during the month of February are paid on 15 March. All payments are made via Electronic Funds Transfer (EFT) only. Sellers will provide Cellarit with the necessary bank details accordingly.

Net proceeds means the sale proceeds of the wine less commissions and storage related fees and charges as detailed on the seller's monthly account statement sent via email. If the 15th day of the month following sales is a non-business day, payment will be made on the next business day.

GST

Sellers acknowledge they are responsible for determining their GST obligations related to the sale of wine. Generally, individuals do not have any GST obligations. Wine sold by a business entity generally creates a GST obligation and the business must account for wine sales on their BAS statement. Cellarit does not offer advice on a seller's GST status or obligations and recommends that sellers seek expert advice accordingly. However, Cellarit does supply all of the necessary details to sellers that can be relied upon for the reporting of GST.

CELLARIT WINE STORAGE TERMS & CONDITIONS

The following conditions shall apply to the storage of wines at the Cellar(s) conducted by Cellarit. Cellarit shall not be bound by any variation to the following conditions unless in writing signed by Cellarit's authorised officer:

Definitions Unless the context otherwise requires:

"Cellar" means the Cellar conducted by Cellarit at which the Client's Wine is stored.

"Cellarit" means Cellarit Pty Limited (ABN 40 092 360 195)

"Container" means the storage container, carton, box or other storage device used for the storage of Wine at the Cellar.

"Client" means the person or entity who lodges the Wine for storage.

"Fair Use" means the Cellarit Fair Use policy.

"Lodgment Documentation" means the documentation to be completed by the Client in relation to the delivery, deposit, storage, transportation or transfer of Wine at the Cellar.

"Wine" means and includes the property of the Client including wine, other alcoholic beverages or other goods lodged with Cellarit for storage in the Cellar.

Lodgment of Wine at the Cellar

(a) Before lodging Wine for storage at the Cellar the Client shall complete the Lodgment Documentation appropriate to the circumstances in which the Wine is to be deposited.

(b) The Client represents and agrees in relation to Wine deposited that the Wine will be accurately and adequately described in the Lodgment Documentation: that the Client is the sole owner or is otherwise lawfully entitled to store the Wine at the Cellar: that the Wine is not subject to any encumbrance or lien which might prevent or restrict the Client from lodging the Wine at the Cellar for storage and that the Wine does not and will not become dangerous goods.

(c) While the Client's Wine continues to be stored in the Cellar the Client undertakes to promptly notify Cellarit of any change to the Client's current address, telephone number, facsimile number or email address.

(d) The Client acknowledges and agrees that the Client has made his or her own enquires as to the suitability and fitness of the Cellar for the purposes of storing the Client's Wine and that he or she has not relied on any representation made by Cellarit or a representative of Cellarit.

General Wine Storage Terms

(a) Unless otherwise agreed the only records as to the contents of Containers and Wine stored shall be records prepared and kept from information contained in the Lodgment Documents provided by the Client.

(b) Except as indicated below or expressly authorised by the Client Containers will not be opened by Cellarit.

(c) Cellarit may in its discretion open a Container if in the reasonable opinion of Cellarit it becomes necessary to determine the ownership nature or condition of Wine.

(d) If Containers are damaged or otherwise require replacement from time to time Cellarit may in its absolute discretion repackage the wines into new Containers at the expense of the Client.

(e) If in the opinion of Cellarit the Wine is or is likely to become dangerous goods Cellarit may destroy or dispose of the Wine without liability to the Client and without prejudice to its storage charges under these conditions.

Transportation of Wine

(a) The Client expressly acknowledges and agrees that neither Cellarit nor any carrier or contractor is a common carrier and may refuse to carry wine in its absolute discretion.

(b) If Cellarit or a carrier or subcontractor arranged by it is to pick up or deliver any Wine the Client shall pay the charges for carriage. Carriage shall be at the entire risk of the Client.

Liability

(a) To the extent permitted by law any condition or warranty which would otherwise be implied into these conditions is hereby excluded. Where legislation implies any condition or warranty and that legislation prohibits Cellarit from excluding or modifying the application of or liability under or any such condition or warranty that condition or warranty will be deemed included but liability will be limited for a breach of that condition to supplying the services again or paying the cost of having the services supplied again.

(b) Except in relation to liability for personal entry and except as otherwise stipulated in these conditions Cellarit, its employees, agents or subcontractors will not accept liability to the Client in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by the Client or which may arise directly or indirectly in respect of the storage of Wine or in respect of any failure or omission on their part to comply with the obligations as set out in these conditions.

Payment of Cellarit's Charges

(a) The Client agrees to pay storage, transport and other charges in accordance with Cellarit's schedule of rates as published from time to time and to pay insurance premiums under the Master Policy arranged by Cellarit at the rates published on behalf of the Underwriter from time to time.

(b) Unless otherwise stated all published rates are inclusive of Goods and Services Tax.

(c) Cellarit accepts payment in several forms. However, Cellarit shall have the right to stipulate payment in any one of the following forms and exclude the others:

  • Credit card
  • Cheque
  • Bank transfer (details below)

Cellarit Pty Ltd
BSB: 062-156 Account: 1008 3243

(d) Where the Client has lodged credit card details with Cellarit, via phone, fax, email, mail or by entering them directly into the Client's account after logging onto the Cellarit website, the Client grants authority to Cellarit to use the Client's credit card to pay for any and all charges (subject to clause (c) above).

(e) Accounts are payable within 14 days of invoice. If the Client has given Cellarit authority to charge payments to the Client's credit card Cellarit may charge the Client's credit card with amounts as they fall due to Cellarit or the Underwriter as the case may be.

(f) A late fee of the greater of 3% or $10 will apply to overdue invoice amounts. If the account remains unsettled on the last business day of the month, it is in default and a default fee of the greater of 3% or $10 will apply. These fees will continue each month until the account is paid in full into Cellarit’s account with cleared funds whether by credit card, cheque or bank transfer (subject to clause (c) above).

(g) Cellarit shall have a lien on all Wine and Documents relating to Wine for all sums payable by the Client to Cellarit and for that purpose Cellarit shall have the right to sell the Wine by public auction or private treaty on giving the Client not less than 14 days notice by email. Cellarit is entitled to recover any outstanding amounts owing plus any expense incurred in exercising its lien.

(h) Cellarit shall have the right to prevent removal and/or delivery of Wine to accounts that are in arrears, in a state of default or when amounts will be due to Cellarit after removal. Accounts that are in default must pay any monies owing, plus estimated storage charges not yet invoiced, handling and delivery fees to a new location should removal be requested. Removal by collection from Cellarit's facilities may be permitted at Cellarit's discretion upon payment in full of all monies owing, estimated storage charges not yet invoiced and handling-out fees. Any handling-out credits accrued on the account are forfeited.

(i) Cellarit shall have the right to remove Wine from its premises with 14 days notice by email for accounts that are in arrears or in a state of default.

Other Matters

(a) The waiver by Cellarit of any obligation of the Client shall not prevent the subsequent enforcement of that obligation.

(b) Wine Storage services, including storage, handling, insurance and transport, may not be resold by a Client to any third party in any manner without the prior written approval of Cellarit Pty Ltd. Cellarit reserves the right to review any resale arrangements in whole or in part at any time.

(c) The Law applicable to these conditions shall be the law of New South Wales, Australia.

(d) A Fair Use Policy applies

RISK & INSURANCE

(a) Storage: While Cellarit's facilities have sophisticated security arrangements and Cellarit takes due care Cellarit does not accept any liability for loss or damage to wine, other alcoholic beverages and other goods ("Wine") held in its Cellar.

(i) Cellarit requires Clients to have Insurance Cover for their Wine. All wine must be valued at cost or market value, whichever is greater. While Cellarit can assist in determining the market value of Wine and recommends that amounts insured allow for appreciation, it is the responsibility of the Client to select, review and, if necessary, update the amount of insurance cover required. Cellarit's software provides a link to a market value wine pricing service to aid the process of determining an appropriate market value.

(ii) In the event the Client does not select the amount of insurance cover required, or Cellarit determines there is insufficient cover, the Client accepts that Cellarit may, at its discretion, select, review or update values of Client Wine. Cellarit may assign individual values to each item or choose an average value per item such that the customer goods are fully insured in total. However, the customer acknowledges that when an average value per item is used that the claim for individual items is the lessor of items average value or market value at the time of the claim.

(b) Transit: While Cellarit takes due care it does not accept any liability for loss or damage to wine, other alcoholic beverages and other goods ("Wine") in transit to or from its Cellar. Cellarit recommends that Clients have Insurance Cover for their Wine in transit.

(i) Values: Customers are responsible for nominating the insured value per bottle via Cellarit's software. That value will form the basis for any claim subject to the section below, "Wine Storage & Transit Insurance Claims". Customers may request an insurance valuation at any time.

Master Insurance Policy:

Wine Storage Cover

Cellarit has arranged a Master Insurance Policy with an Insurer the Underwriter (Lumley General Insurance Limited) to provide insurance to its Clients whilst their Wine is stored in its Cellar ("the Master Policy"). Cellarit will arrange insurance for your wine under the Master Policy via Longfellows registered insurance brokers, license 261209.

A summary of the storage insurance cover provided by the Underwriter under the Master Policy follows:

(a) Cover: Cover is provided for burglary, theft, fire, lightning, explosion, earthquake, impact by aircraft or vehicles, accidental damage, malicious damage, vandalism, storm and tempest, rainwater, leakage from pipes. There is an excess of $500 for each and every claim. In taking the insurance the Client warrants that the Wine is not otherwise insured.

(b) Exclusions and limits: Transit damage, war, confiscation, vermin, wear and tear, mould, mildew, condensation, climatic conditions, flood and any consequential loss are excluded. Burglary and theft is limited on a per occurrence basis across all insured customers to an amount that Cellarit believes adequate given the physical difficulty of removing wine prior to response by security and police.

(c) Cover Period: Cover commences on the date your Insurance Application is received and is extended monthly. By using the Cellarit software to indicate your wine values and request insurance cover, you are deemed to have lodged your Insurance Application and to have accepted the terms and conditions herein accordingly. The Underwriter may cancel cover on 30 days notice to you.

(d) Premiums: Are payable monthly in arrears by the 14th day of each calendar month at the published rates. If you are in arrears with payments of premium you will not be covered. You may reinstate cover by paying the premium.

Wine Transit Cover

Cellarit has arranged a Marine Insurance Policy with an Insurer the Underwriter (QBE Insurance (Australia) Limited) to provide insurance to its Clients whilst their Wine is in transit ("the Master Policy"). Cellarit will arrange insurance for your wine under the Master Policy via Longfellows registered insurance brokers, license 261209.

A brief summary of the transit insurance cover provided by the Underwriter, QBE Insurance (Australia) Limited:

(a) Cover: Cover is provided for non-delivery, accidental damage, malicious damage, vandalism and theft, including loading and unloading, fire, lightning, explosion, earthquake, impact by aircraft or vehicles. There is an excess of $500 for each and every claim. In taking the insurance the Client warrants that the Wine is not otherwise insured.

(b) Exclusions: War, confiscation, vermin, wear and tear, mould, mildew, condensation, climatic conditions and any consequential loss; transport fees.

(c) Cover Period:
- For wine in transit from Cellarit, cover commences when the Wine leaves the Cellar and ends when the Client signs for its receipt. In the event that the Client has provided instructions to Cellarit to leave the wine if it is not able to be signed for, coverage ends when the Wine is deposited at the location address.
- For Wine in transit to Cellarit, cover commences when Cellarit or its subcontractor takes possession of the Wine and the Client signs a consignment note that accurately reflects the Wine in transit. Cover ends when the Wine enters the Cellar.

(d) Premiums: Are payable at the time when the request for transit is lodged with Cellarit.

Note: Wine collected from the customer and transported back to Cellarit's premises must be packaged properly to qualify for cover as follows:

  • in heavy-duty wine boxes
    - Cellarit can supply heavy-duty boxes/dividers for $5/box delivered, min. $25 per delivery
    - Wine in "original" cardboard or wood boxes is not suitable for safe transport. 
    - Bottles should be removed and repacked or the entire original box can be packed into an additional outer carton
    - Cellarit boxes will fit up to 2 x original 6-packs, 6 x individually boxed magnums, etc. plus cushioning material.
  • with dividers between the bottles,
  • and bubble wrap or "cushioning" material, such as crumpled newspaper, all around the bottles
  • and each box sealed with clear packing tape, available from hardware stores or Australia Post outlets

Your Duty of Disclosure:

Under the Insurance Contracts Act 1984 the Underwriter is required to advise you of your responsibilities in relation to the disclosure of relevant information as follows.

Before you enter into a contract of general insurance with an insurer you have a duty, under the Insurance Contracts Act 1984, to disclose to the Insurer every matter that you know or could reasonably be expected to know is relevant to the Insurer's decision whether to accept the risk of the insurance and if so, on what terms. You have the same duty to disclose those matters to the Insurer before you renew, extend, vary or reinstate a contract of general insurance. Your duty however does not require disclosure of matter:

  • That diminishes the risk to be undertaken by the Insurer;
  • That is common knowledge;
  • That your Insurer knows or, in the ordinary course of business, ought to know;
  • As to which compliance with your duty is waived by the Insurer.

If you fail to comply with your duty of disclosure the Insurer may be entitled to reduce its liability under the contract in respect of a claim or may cancel the contract.

Wine Storage & Transit Insurance Claims:

The Cellarit software provides a mechanism to enter the value of each wine as well as a total insured amount during transit and/or storage and to modify the storage insurance value(s) at will. The most recent of these values will form the basis of any claim.

Cellarit and/or the Underwriter reserves the right to review and correct individual values or total values at any point. The Underwriter has final authority over acceptance of all claims and may settle claims by:

(a) Replacing the insured items;

(b) Making payment up to but not exceeding their declared value.

A $500 excess applies for each and every claim. Cellarit may absorb the excess at its sole discretion.

All claims will be settled within 60 days of acceptance by the Underwriter.

Insurance Application

By using the Cellarit software to manage your wine storage account, you are deemed to have lodged an Insurance Application for coverage under the Master Policy and to have accepted the terms and conditions herein accordingly.

FAIR USE POLICY

Cellarit's services and prices are intended to be fair to both our customers and to Cellarit and are based on the needs and services provided to a "typical" customer and the costs to Cellarit thereof. Some Cellarit services and prices are subsidised. Cellarit reserves the right to modify its services and/or prices at any time and possibly without notification in circumstances where a customer's business and/or requirements are outside the norm and cause Cellarit to incur extra costs. Cellarit will always endeavour to ensure that any variation in services and/or prices are fair, reasonable and appropriate.

COPYRIGHT & TRADE MARKS

Our copyright

Cellarit Pty Limited ABN 40 092 360 195 owns all copyright and other intellectual property in this web site and in the material and works that comprise the web site.

You may only copy or use any of the material or works in which we have rights if you:

  • Copy or use it for non-commercial purposes;
  • Do not modify it or change the way it appears;
  • Include the copyright notice © Cellarit Pty Limited 2000 and any other relevant intellectual property notice in each copy or use;
  • Comply with all relevant copyright, trade mark and other intellectual property laws;
  • Do not use it in a way which is illegal or which infringes or violates Cellarit's or any other rights; and
  • Comply with Cellarit's Terms of Use;

Copyright of third parties

You may be allowed to post reviews, comments or other material on the Cellarit web site. If you do so, you:

  • Grant Cellarit a perpetual, non-exclusive, unrestricted, international licence ("the licence") of all your rights in the material to use, copy, publish, distribute and sub-licence it in any way;
  • Acknowledge that Cellarit is not required to pay any fee or royalty for the licence, other than any benefit (such as Loyalty Program points) that you are entitled to under Cellarit's Terms of Use ;
  • Promise that you own all the intellectual property and other rights in the material and that, in granting the licence, you are not causing or allowing the rights of any other person, corporation or entity to be violated or infringed in any way, including, but not limited to, defaming them;
  • Agree to indemnify Cellarit against any loss, damage or claim we suffer, including legal costs and expenses, as a result of you breaching these conditions;
  • Agree not to post any material that is or may be considered to be unlawful, distasteful, offensive, pornographic, threatening or in the nature of advertising or promotion that is not permitted by Cellarit's Terms of Use ;
  • Agree not to post any material that contains any virus or other code or instruction that may harm any computer system; and
  • Acknowledge that Cellarit may remove any material from the Cellarit web site at any time and in its complete discretion.

Your copyright

Cellarit respects the copyright and other intellectual property rights of others. If you believe that we are infringing your rights in any way, please contact us immediately so that we can discuss and, if appropriate, try to remedy the matter.

Trade marks

Where indicated ®, the trade marks are registered in Australia. In addition to complying with the conditions set out above with regard to intellectual property rights, you must only use Cellarit's trade marks or apply them to any goods or services if the use or application:

  • Is on or to Cellarit's goods or services;
  • Does not or is not likely to deceive or confuse consumers; and
  • Is authorised by us in writing, is subject to our control and complies with any other conditions which we stipulate.

Other trade marks on the site are the property of their respective owners and you must not use them in any way unless you have the express authority of those owners.

DISCLAIMER

By using the Cellarit web site or any Cellarit service you agree to Cellarit's Terms of Sale and to the following conditions:

Limitation of liability

At Cellarit, we are committed to creating and serving a community of wine lovers and producers. We do everything we reasonably can to make sure that all our goods and services are of exceptional quality and that the information on the Cellarit web site is accurate and complete, HOWEVER:

Cellarit's liability with regard to any of our services is limited to:

  • Supplying the services again; or, at our option,
  • Paying the cost of having the services supplied again.

Cellarit's liability with regard to any goods we supply is limited to:

  • Replacing the goods;
  • Repairing the goods;
  • Paying the cost of the goods or equivalent goods;
  • Paying the cost of repairing the goods; or, at our option,
  • Supplying equivalent goods.

Except for the warranties just stated and as far as the law allows us to, Cellarit disclaims, and you release us from, all liability for any loss, damage, injury, cost or expense ("the losses") you may suffer or incur as a result of or in connection with your use of the site or any of our goods or services. This disclaimer and release (and those following) will be effective no matter what type of losses you suffer or incur and no matter what causes the losses. The following conditions do not detract from the generality of the limitation and disclaimer just stated.

Accuracy and completeness

Cellarit:

  • Does not make, and expressly disclaims, any representation or warranty that the information provided on this web site is accurate or complete; and
  • Disclaims all liability for any losses you suffer or incur as a result of any inaccuracy or lack of completeness of the information on this web site.

Third party material on the site

Some material on this site ("the third party material), including advertising, comment, opinions, reviews, criticism and links to other web sites, is provided by third parties. Cellarit:

  • Does not necessarily share or support any opinions expressed in the third party material;
  • Does not make, and expressly disclaims, any warranty or representation of the accuracy or completeness of any information contained in the third party material;
  • Does not make, and expressly disclaims, any warranty or representation regarding the quality or fitness for their intended purpose of any goods or services referred to in the third party material;
  • Disclaims any liability for any losses you may suffer or incur as a result of or in connection with the third party material or any goods or services referred to in it.

Risk of loss of goods

Cellarit disclaims all liability for any losses you may suffer or incur with regard to loss of or damage to goods in Wine Storage.

Investment risk

Everyone's circumstances differ and what may be a good investment for one person will not be appropriate for another. Nothing on this web site constitutes investment advice. If you are considering investing in wine, you should also consider getting independent, personalised advice. You should also remember that past changes in the value of wine do not indicate how the value may change in the future.

System related losses

You should ensure that your computer, software and systems are protected against viruses and other damage that they may sustain. Cellarit does not make, and expressly disclaims, any representation or warranty that:

  • Its computers and systems are free from viruses or other code or instructions that may cause damage to computers, software or computer systems; and
  • Its computers and systems will operate without interruption to service.

Cellarit expressly disclaims all liability for any losses you suffer or incur as a result of any interruption to service or any virus or other code or instruction causing damage to computers, software or computer systems.

Release and Indemnity

As far as the law allows, you release Cellarit from any liability or claim in connection with any matter for which Cellarit expressly disclaims liability on this page.

You indemnify Cellarit, and will keep us indemnified, against any claim or liability for losses suffered or incurred by any third party in connection with your use of the site or Cellarit's goods and services.