Liquor Act 2007
Under the Liquor Act 2007, it is an offence for a licensee of licensed premises or any other person to sell or supply liquor to a person under the age of 18 years on licensed premises or elsewhere.
Information on the website:
Information on this website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This website may contain technical inaccuracies or typographical errors. Broadway Cellars assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products or services described on this website.
The website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). Broadway Cellars is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites. Broadway Cellars does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. Broadway Cellars 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.
Disclaimer of warranty:
Use of this website is at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided as is with no warranties or guarantees whatsoever. Broadway Cellars expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Broadway Cellars does not represent or warrant that the functions within the website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements. You agree that in using the website you have not relied on any statement or representation made by Broadway Cellars not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, Broadway Cellars limits its liability for breach of any such warranties, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Broadway Cellars discretion.
Limitation of liability:
To the extent legally permitted, in no event will Broadway Cellars be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced or accessed through this website, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Broadway Cellars is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Broadway Cellars maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.
You agree to indemnify, defend, and hold harmless Broadway Cellars, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
If you are allocated a password to access any part of the website, you are responsible to prevent the password being disclosed to any third party.
To buy liquor via our website, you must be over 18 years of age and specify a delivery address within Australia. All the details that you have provided in completing the order and the offer to purchase the liquor are true and correct. If you do not confirm that you are 18 years or over, your order will not be processed. If buying wine as a gift, the recipient must also be over 18 years of age. You confirm that recipients of wine you purchase via our website are over 18 years of age. You must provide a valid and current form of ID confirming your age (such as a driver’s licence, passport or proof of age card) at the time of delivery. If you are unable to produce appropriate ID confirming your age, the carrier will not supply the wine to you. However, you will be responsible for our charges in arranging supply and delivery (and return to us, if necessary).
All Prices stated are in Australian dollars and include GST but exclude delivery charges and repack charges, unless otherwise stated.
The full payment for your order (including the product price and applicable delivery and repack charges) can be paid using Visa, MasterCard or EFT.
Delivery will not commence until payment has been processed/validated.
Pricing and product description errors:
If a product inadvertently appears on our website at the wrong price or with a wrong description, we may decline or cancel any orders placed at the wrong price or based on the wrong description, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase at the wrong price or based on a wrong description and the order is cancelled, we will notify you and issue a credit to your credit card account in the amount charged.
All products are offered for sale subject to available stock. If a product is out of stock, we will contact you to offer a substitute product of at least equal quality. If you do not accept a substitute product and you have been charged for product that is out of stock, we will cancel your order and issue you with a full refund.
We reserve the right to limit sales to retail quantities. If we deem in our absolute discretion that the order is not within a reasonable retail quantity, we will cancel your order and issue a credit to your credit card account in the amount charged.
We deliver Australia wide, using our delivery partners. Delivery fees and repack charges may apply. Our Delivery Partners and their sub-contractors endeavour to deliver wine within the Sydney metropolitan area within 3-4 working days, and to all other Australian capital city metropolitan areas within 5-7 working days. For delivery addresses in Australian regional centres and outside metropolitan capital cities, allow at least 10 working days. In outlying or remote areas, delivery will take a little longer. Delivery times are also subject to availability of stock. Accordingly, we do not guarantee any specific delivery date.
To ensure delivery and tracking of your wine, you must specify a delivery address where you will be available to sign for receipt upon delivery during normal business hours.
Goods are normally delivered Monday to Friday between 9.00 am and 5.00 pm (excluding public holidays) to either business premises or a residence, as you nominate. Unless you have given us other instructions in relation to delivery when placing your order, if you are not present at the time of delivery or if for any reason the carrier cannot deliver to your specified delivery address the goods will be returned to carrier’s depot awaiting further instructions. Goods will not be left at unattended premises without specific instructions from you when placing the order nor will they be left with persons under the age of 18 years (proof of age will be required). If the goods cannot be delivered as the premises are unattended or there are no specific delivery instructions, the carrier will leave a sorry we missed you card. You should contact us or our delivery partner within 7 days of receiving the sorry we missed you card to arrange redelivery. Redelivery fees may apply. We are not responsible for goods that are left unattended at your request or that remain unclaimed for your failure to contact Broadway Cellars or our delivery partner. To ensure the safe delivery and tracking of your goods, you must specify a delivery address where you will be available to sign for receipt upon delivery during normal business hours. We do not deliver to PO Boxes in metropolitan areas. In regional areas, we will deliver to PO Boxes but only when you have made prior arrangements with that post office for them to receive your delivery.
No minimum order quantity.
Where we deliver:
We deliver wine anywhere in Australia, except for areas that are classified by the Australian Government as dry zones or Australian Islands that are classified as in International Waters. If you are unsure whether we can deliver to your area, please call us on 02 9748 0042
Alcohol and Dry Area restrictions for Queensland:
Delivery into the following areas is restricted. Our carriers will not deliver to the following postcodes: Aurukun Postcode 4871, Bamaga Postcode 4876, Cherbourg Postcode 4605, Doomadgee Postcode 4830, Hope Vale Postcode 4871, Injinoo Map Postcode 4876, Kowanyama Postcode 4871, Lockhart River Postcode 4871, Mapoon Postcode 4871, Mornington Island Postcode 4825, Napranum Postcode 4874, New Mapoon Postcode 4876, Palm Island Postcode 4816, Pormpuraaw Postcode 4871, Seisia Postcode 4876, Umagico Postcode 4876, Woorabinda Postcode 4713, Wujal Wujal Postcode 4873 and Yarrabah Postcode 4871.
These locations may be added to or modified from time to time.
If a product is deemed undeliverable by our freight company, they will advise us and we will contact you to arrange re-delivery in accordance with these Terms.
We charge a delivery for every carton determined by postcode. Delivery charges are based on the order placed and packaging used. Please contact us on 02 9552 1932 or firstname.lastname@example.org for more details on freight charges by postcode.
We charge a repacking fee for mixed case orders. Please contact us on 02 9552 1932 or email@example.com for more detailed information of these fees.
Risk of damage, loss or deterioration to products passes to you on delivery in accordance with these Terms.
Products ordered by you remain our property until you pay for them in full.
We warrant that products supplied by us via the Broadwaycellars.com.au website will be of merchantable quality when delivered. To the extent legally permitted, we expressly disclaim all other express, implied, statutory and other warranties, guarantees and representations. If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, our liability for breach of any such warranties, conditions or representations and the warranty given in respect of merchantable quality is limited to the replacement or resupply of the affected products or services or a refund of the costs of the products or services, at our discretion.
We guarantee our products. If, after trying a product, you are not satisfied, please call us on (02) 9552 1932 and we will arrange our freight company to collect the wine from you at a mutually convenient time during Monday to Friday 9 am to 5pm (excluding public holidays). We will issue you a credit in the amount paid for the returned wines Less any freight charges incurred in the original delivery.
Limitation of liability:
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via the broadwaycellars.com.au website or the use of such products or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to products and services supplied by us.
Notices to you:
We may notify you by email, a general notice on the Broadwaycellars.com.au website, or by other reliable method to an address previously provided by you.
You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.
These Terms (including any terms or policies it incorporates by reference) constitute the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
We may alter these Terms from time to time by posting the altered version on our website at www.broadwaycellars.com.au. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect.
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.
We recommend that you consume alcohol responsibly and only in moderation.