Skye Cellars Terms and Conditions
As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use.
Mazzmax Pty Ltd ACN 608 740 585, trading as SKYE CELLARS ABN 70 804 606 047
Under Part 7 of the Liquor Licencing Act 1997 it is an offence to supply alcohol to a person under the age of 18 years and/or for a person under the age of 18 years to purchase or receive liquor. (Penalties Apply)
Special Circumstances Licence No. 51201162
Subject to the provisions of the Liquor Licencing Act 1997
Skye Cellars Sales & Special Terms & Conditions
All Skye Cellars Products listed on "Mixed Packs" page procure no further discounts. All Individual bottles listed in "Mixed Pack" pages are a SALE PRICE and will not procure the 10% cellar door membership discount when sold separately. Products on "Specials Page will not procure further discounts unless advertised so.
The materials (including all software) and services at this site are provided "as is" without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Skye Cellars obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.
Skye Cellars further does not warrant the accuracy and completeness of the materials, information or services at this Site.
Skye Cellars may make changes to the materials and services at this Site, or to the products and services described in them, at any time without notice. The materials and services at this Site may be out of date, and Skye Cellars makes no commitment to update the materials and services at this Site.
Information published at this Site may refer to products, programs or services that are not available in your country. Please consult Skye Cellars business contact for information regarding the products and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
When placing an order with Skye Cellars via the website or via phone with our Customer Service Team, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are eighteen (18) years of age or over. If you do not or cannot confirm that you are 18 years or over, your order will not be accepted or processed.
Free Delivery only applies to products that display the Free Delivery within South Australia or Mainland Australia. If an order contains a combination of Free Delivery and non-Free Delivery items, normal delivery charges will be applied for products that do not display the Free Delivery within South Australia or Mainland Australia.
For Free Delivery promotions, delivery charge is not removed until the payment page of the checkout.
- Skye Cellars supports the Responsible Service of Alcohol.
- Products are not available to under 18's.
- It is an offence to sell or to obtain liquor on behalf of a person under the age of 18.
Skye Cellars products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
a. You acknowledge that Skye Cellars sites (including this website and all mobile applications) ("Sites") are provided "as is" and that we do not make any warranty or representation as to the suitability of the Sites, anything (including content and websites) to or from which the Sites are linked or any product for any purpose.
b. The content of the Sites and all content to or from which the Sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision.
c. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the Sites are linked.
d. We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you 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 our own negligence or wilful misconduct.
e. Risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).
f. Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example under the "Delivery returns/non-collection" or "Cancellations" sections in our delivery terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
Skye Cellars liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- Cannot be exchanged for cash.
- Used in conjunction with one another.
- Re-used on another transaction.
- Partially used across multiple orders.
Skye Cellars supports the Responsible Service of Alcohol.
Liquor Licensing Act 1997, Section 113. Liquor must NOT be supplied to persons under 18.
New South Wales:
Liquor Act 2007. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
WARNING: Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $7,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $600).
WARNING. Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years.
The Liquor Act sets out a range of offences for which the licensee may be liable. These include, but are not limited to:
- Sale of liquor to an intoxicated person or permitting an intoxicated person to remain on licensed premises
- Sale of liquor to a minor (under 18)
- Sale of adulterated liquor
- Permitting riotous conduct on or at licensed premises.
The Liquor Licensing Act 1990 regulates the sale of liquor in Tasmania. The Act has a strong harm minimisation focus, prohibiting the sale of liquor except as authorised by a licence, permit or general liquor exemption. It prescribes certain qualifications and public interest considerations before an authority to sell liquor may be granted. It also includes provisions prohibiting the sale of liquor to young people and to persons appearing to be drunk, as well as a requirement that licences must not be granted in connection with the activities of a supermarket. It establishes the Commissioner for Licensing and a Licensing Board.
For more specific legislation in your state or territory websites.
1. Respecting your privacy
Skye Cellars is committed to compliance with privacy laws which apply to its businesses and which set out standards for the management of personal information. This policy outlines our personal information management practices.
- The kinds of personal information we collect and hold.
- How we collect and hold it.
- The purposes for which we collect, hold, use and disclose it.
- Your right to access and seek correction of it.
- How you may complain about privacy matters.
- Our sharing of your personal information overseas.
There are some matters to which this policy does not apply. Refer clause 9 below.
2. What kinds of personal information does Skye Cellars collect and hold?
The personal information we collect and hold is what is reasonably necessary for our business functions and activities. When we collect and hold personal information, it is of the following kinds:
- Your personal details such as your name, email, addresses, telephone numbers, age and gender.
- Your Skye Cellars Membership number.
- Whether you have taken up some of our other offerings, such as membership of our Skye Cellars Membership program.
- Any rewards and redemption details applicable to your membership of Skye Cellars Membership program.
- Whether you have a connection with others whose personal information we may collect or hold, for example family members who may be linked to your loyalty program membership.
- What, how and when you buy from us or have expressed an interest in buying from us;
- Your stated or likely preferences, for example whether you may be interested in particular products or promotions.
Depending on the nature of your dealings with us, we may collect and hold other types of personal information. For example, information collected and held via our secure financial systems about the debit or credit card you might use for your purchases from us.
3. How do we collect and hold personal information?
When we collect personal information about you, we do so by making a record of it. We do this when:
- You register with us, for example to create an account, to become a member of Skye Cellars Membership program or to send you information.
- You communicate with us online.
- You take part in our promotions, competitions, testimonials, surveys and focus groups.
- You deal with us in other ways involving a need for personal information to be provided such as when you contact one of our Customer Service Team.
- We may also collect personal information about you by accessing data from other sources and then analysing that data together with the information we already hold about you in order to learn more about your likely preferences and interests.
- Most of the personal information we collect and hold about you is from your direct dealings with us. We may sometimes collect your personal information other than from you directly. For example from other suppliers who, in common with us, have a relationship with you.
Holding of personal information: Personal information we hold is generally stored in computer systems. These may be operated by us or by our service providers. In all cases, we have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, personal information.
4. Why do we collect, hold, use and disclose personal information?
When Skye Cellars collect, hold and use your personal information, we do so primarily to sell and promote our goods and services to you and to improve on the range of our offerings.
- To learn of your likely preferences so that we may promote our goods and services to you in a way which may be of most interest to you.
- To assist in investigating your complaints and enquiries.
We may collect, hold, use and disclose your personal information for other purposes which are within reasonable expectations or where permitted by law.
When marketing to you, your personal information is only ever used or disclosed for Skye Cellars own purposes. You may opt out of our direct marketing to you. Our direct marketing materials will tell you how to do this.
We may de-identify your personal information. We may do this for use and disclosure of the anonymous data to determine preferences and shopping patterns.
5. How can you enquire about, access and correct your personal information?
Access: We will provide you with access to any of your personal information we hold (except in limited circumstances recognised by law).
Alternatively, you can write to us at:
578 The Parade, Auldana, 5072
Before we provide you with access to your personal information we may require some proof of identity. We may charge a reasonable fee for giving access to your personal information if your request requires substantial effort on our part.
If you need to correct your personal information, please contact our Managing Director at one of the above contact points.
6. How can you complain about our management of personal information?
If you wish to complain about a breach of the privacy rules that bind us, you may contact the Managing Director at one of the above contact points. We may ask you to put your complaint in writing and to provide details about it.
We may discuss your complaint with our personnel and our service providers and others as appropriate.
Our Managing Director will investigate the matter and attempt to resolve it in a timely way. Our Managing Director will inform you in writing about the outcome of the investigation. If our Managing Director does not resolve your complaint to your satisfaction and no other complaint resolution procedures are agreed or required by law, our Managing Director will inform you that your complaint may be referred to the Privacy Commissioner for further investigation and will provide you with the Commissioner's contact details.
7. Our sharing of your personal information overseas
It is our policy to require all of our overseas sharing of personal information to be done in a way which requires observance of strict privacy and security standards, both during transit and at the overseas destination.
We may allow your personal information to be shared with those who are in countries other than your own location.
We do this:
- Where we have made a business decision to store our data with a trusted service provider who is in the business of providing data storage and processing services. Examples are those who store and process our email and mobile application data. These services commonly involve diverse geographic locations which change from time to time for reasons which include data protection and processing efficiency. Where these services are used by us, it is not practical for us to notify you of which country your personal information may be located in.
- When our supply to you necessarily involves overseas disclosures. For example a reinsurer of some of our insurance offerings uses computer systems in geographically located outside Australia to store insurance-related personal information.
- Where you are involved with public liability issues concerning a product we may disclose your personal information to any overseas supplier of such a product in the course of managing those issues.
- Technical information such as your computer’s IP address and your browser type.
- Information about your visit such as the products you viewed or searched for, the length of your visit and the pages that you visited.
Cookies help us gather and store information about visitors to our websites. They help our websites remember what you chose on previous pages (to avoid having to re-enter information) and can help us to identify you as a unique visitor, tailor content based on past visitation and provide you with an optimised experience. Our cookies typically do not gather personally identifiable information.
For more information about cookies and how to manage them, please see http://www.allaboutcookies.org/cookies/.
10. Other privacy terms and limits of this policy
This is a policy. There may be additional privacy notices and terms relevant to you depending on the nature of your dealings with us and on our particular businesses. There are additional privacy terms in our Skye Cellars Membership and for use of Skye Cellars sites, for example.
Skye Cellars have separate policies concerning our employees: this policy does not apply to the personal information of our employees in their capacity as such.
11. More information
Last update of this policy: 14 April 2015
© 2015 Australian Wine & Liquor Wholesalers Pty Ltd, ABN 61 393 493 757 trading as Skye Cellars.
All rights reserved.