MyBottleShop.com Terms and Conditions

Introduction

This web site (the "Site") is operated by www.mybottleshop.com.au Pty Ltd ACN 162 467 763 ("us", "we", "our" or "MyBottleShop.com”).  Your use of the Site is subject to these Terms of Use, which you accept by using the Site. These Terms of Use may be updated by us from time to time and at any time without notice to you.  The current version is always available on the Site.

Who Are We and What We Do

Please read this carefully so you understand who we are what we do so that your expectation is set correctly and you can get the most from the service we offer.  First and foremost www.mybottleshop.com is a liquor technology company NOT a traditional liquor store as most people would understand the term. This means we range a HUGE range of products, BUT keep minimal stock on hand in our warehouse. If you are looking for an urgent delivery, DHL delivery, same-day delivery or pickup, please ONLY order items currently in stock.

MyBottleShop.com's motto is: Drink Better, Experience More...   

The website will tell you in GREEN that an item is "In Stock" in our warehouse and is ready for immediate despatch. We will pack your order within 1 day.

The website will tell you in GREEN that an item is "Available" in our supplier’s warehouse and is ready for despatch within the week. We will pack your order within 3-4 business days.  

If the item is not in stock but we can source it from our supplier, it will show in AMBER "Available or Backorder". Next to these words will be the date we estimate your order will arrive at your door.  This takes into account the time for us to order the product, receive it in our warehouse and ship it to you. Please remember this is an estimate.  Sometimes backorder products take time to source, so do NOT order them if you require them urgently (e.g. DHL) or at least check you are happy with the estimated delivery date. 

If the item is shipped directly from our supplier, the availability will show in GREENShips Direct from Supplier“.  Next to these words will be a reminder that the item ships directly from our supplier’s warehouse and NOT MyBottleShop’s warehouse.  Items shipped from our supplier warehouse will nearly always be In Stock and will ship within 2 days but there may be some stock discrepancies from time to time, so if an item is not in stock, you will receive a full refund.  Please bear in mind that if you ordered multiple items, some items may ship from our warehouse and some will ship from our supplier’s warehouse, in which case you will get 2 (or more) deliveries. Do NOT choose click and collect or DHL for an item that ships directly from our supplier as we don’t offer those services for drop ship products.

If the item is available in AMBERAvailable for Pre-Order”, it means we have a limited number of bottles of an allocated, most likely rare product.  We offer the item for sale to our members and newsletter subscribers. You are buying the bottle BEFORE it’s in stock.  This is your chance to secure the bottle before it sells out and it helps us gain an allocation of bottles from our supplier. Bottles will be shipped on a first-come, first-served basis.  Bottles usually ship within 2-4 weeks, but will ship earlier if inventory comes in sooner. Your credit card will be charged immediately, but if for some reason inventory is exhausted prior to fulfilling your order, you naturally will be refunded the full purchase price plus shipping.  You will receive tracking information as soon as your order has shipped. 

When you receive your order confirmation any products on backorder will show in RED "Item on Backorder". Our website will advise you in most cases how long you have to wait to receive the product, typically 1 to 4 weeks.  For backorders, we will either drop ship the product to you directly from our supplier OR we will order the item from our supplier, receive it in our warehouse and then ship to you.  This process takes time as many of the items on the www.mybottleshop.com website are hard to get, exclusive, vintage or imported.  Please be patient in these circumstances.

  

Responsible Service of Alcohol

In regards to Liquor Delivery, MyBottleShop.com strictly adheres to the responsible service of alcohol and will not in any circumstances deliver liquor to persons under the age of 18 years of age. If the delivery recipient looks to be under age and no satisfactory ID is provided then delivery will NOT occur.

Delivery Policy and Fees

MyBottleShop.com handles deliveries in accordance with our MyBottleShop Delivery Policy. Please read it carefully.

Stock on Hand and Delivery Times

At MyBottleShop.com our stock holdings vary quite a bit due to the nature of our limited edition, hard to get and collectable ranges. Here is a summary of how we hold our stock and what it means for you:

  • Product is in stock all the time – you will see the quantity on hand when you order.  Your order will be shipped about 1-2 days after you place the order. During peak periods like Father's Day and Christmas it's likely to be closer to the 5 days so allow some extra time for delivery during late August and December.  You should receive your order in 2-5 working days on the east coast of Australia and 4-7 working days for the west coast. If you are based in Sydney’s inner suburbs (15km radius of the CDB) you may optionally choose 1, 2, 4 hour or same day delivery.  If you live in the greater Sydney metro area we may elect to send your package Express Courier same day delivery. You must be in attendance at the delivery address to sign for the package.

  • Product is on backorder – this means we have ordered the stock from our supplier but it has not arrived in our warehouse or we can source the product but haven't ordered it as yet.  This will delay processing of your order by the period of time it takes for the stock to arrive. You will still receive the item. You will know a product is on backorder because the stock on hand says 0 (zero) but the words in Amber say "Available for backorder”.

  • Rare and collectable items or hard to get items are generally unique and are sometimes in stock and available for immediate shipment but often are only available on backorder (which means we then order the item from our supplier).  In some cases we may have only one item in stock but we can source another item, in which case the item will show as one in stock but available for back-order. Allow 2 weeks delivery for the rare and hard to get items.

  • If you buy one item in stock and one or more on back order, we will hold the order until we can fill the WHOLE order.  We prefer not to part ship an order but will do so in exceptional circumstances. As soon as all items are in stock, we will ship the order that day.  

  • MyBottleShop regularly allows pre-orders for limited edition items so that you can be sure to receive a bottle and so we can receive an allocation of the stock.  We open the pre-order up to 8 weeks before we will ship the items. Sometimes there can be delays from our supplier, especially if the item is coming in from overseas. You will receive confirmation of the pre-order by email.  You will also receive email confirmation as soon as we ship the item from our warehouse. Rest assured if you pre-order an item, you will receive it.

  • Sometimes, but very rarely, our stock holding level shown on the website is wrong.  MyBottleShop performs a stocktake twice a year to help avoid stock errors. If the stock count is wrong we will refund the item or offer you a substitute.

  • During Christmas and New Years, our orders triple so although extra contractors are allocated to packing and despatch, there will still be a 1 to 2 week delay.  To ensure Christmas delivery, you should order by 15th December.

  • Father’s Day is also a very busy period so there will be delays of between 1 to 2 weeks for any back-ordered items.

Pricing

Prices are subject to change without notice.  All prices as they appear on this website are an Offer to Treat.  Although our system will automatically take money and “process” the order, Acceptance does not occur until we move the status of the order from “Processing” to “Complete”.  When the status of an order is “Complete” we have despatched the order. Upon despatch of the order we deem Offer and Acceptance to have occurred. In the case where a price has been entered in error or there is a database or other technical error, the price cannot be honoured. You will be advised if there is a pricing error before despatch and you can either pay the difference or have a refund before the order is despatched.  Please understand that sometimes honest mistakes do happen and we sincerely apologise for that.

Use of Coupon Codes

Coupon codes, unless otherwise specified cannot be used in conjunction with other special offers or clearances.  Most coupon codes allow for 1 use only per customer and are not transferable. The sign up coupon code is valid for 1 use only per customer and may not be used in conjunction with other special offers or clearances.  You must spend $100 minimum and must be logged in to use the sign up coupon code.

Payment Surcharges

Mybottleshop.com chooses to on-charge a PayPal fee.  These fees are very high by industry standards and cannot be absorbed by Mybottleshop as they would inevitably result is higher prices for consumers.  In any case PayPal does provide purchase protection for the buyer. The fee charged by PayPal is a combination of a flat percentage plus a variable fee dependent on many factors determined by PayPal.  Mybottleshop only charges the actual fee charged by PayPal or a fee determined by Mybottleshop, whichever is the lowest.

Photographs

Please note that in some circumstances the product photo may not match exactly the product that you receive. There may be differences in the packaging and labels. Suppliers within the liquor industry often change packaging but unless otherwise stated you are buying the contents described in the words not based on the photograph of the item  Often we do not want to open an item or break a seal to photograph the actual product, but we will do our best to accurately represent the item, but we cannot be liable to provide an item exactly as shown in the photograph. Of course if the item is a high value collectable (for the purposes of clarity a collector rating higher than 1), you will receive the item exactly as we describe it.

All photos on the site are copyright www.mybottleshop.com.au Pty Ltd. You must seek the express permission of MyBottleShop to use our photos. If you are given permission to use a photo or photos you must attribute the photo to MyBottleShop with the words "Used with permission www.mybottleshop.com.au." Failure to seek permission to use our photos is a breach of terms or use of this web site and a breach of the relevant copyright Laws applicable in New South Wales, Australia.

As Is Condition

From time to time products will be described in “As is” condition. “As is” when employed as a term with legal effect, is used to disclaim some implied warranties for an item being sold. Certain types of implied warranties must be specifically disclaimed, such as the implied warranty of title. "As is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists and that the buyer is accepting the item "with all faults", whether or not immediately apparent. This is the classic "buyer beware" situation, where the careful buyer should take the time to examine the item before accepting it or obtain expert advice.

On the other hand, the phrase "as is" does not disclaim ‘’express’’ warranties: these may, for example, be created by the seller's description of an item. In other words, though the item may be sold "as is", nevertheless, if it, for example, does not conform to the seller's description of it, the buyer may void the sale and request a refund.  The photograph of the item does not constitute part of the express warranty and as such a customer can only rely on the text that accompanies the item for sale. In many cases, but not all, mybottleshop.com uses stock photographs that do not represent the exact or actual item for sale.

Fragile Items & Breakages

MyBottleShop.com always carefully wraps and ships all fragile items.  We call this “Secure Postage”. We will either carefully wrap the item or use a courier approved bottle box or glass package. We wrap all items in Fragile Tape denoting that the item is fragile and should be handled with care.   The courier company must NOT hand over parcels that clearly contain broken items or show signs of leakage. That is a breach of our contractual agreement with them. The courier company must return the broken parcel to MyBottleShop.  In the rare event you do receive a broken item, you should immediately return the item to MyBottleShop.com via the Reply Paid address or via courier return label (free of charge to you). Wherever possible though do NOT take possession of the broken item. This is in accordance with our agreed courier delivery policy.

At MyBottleShop.com we invest significantly in wrapping and packaging materials to ensure that you receive your fragile yet valuable item as it left our warehouse.  In the case of collectable items we carefully check every item to ensure quality control. A member of the warehouse team will very careful pack and check collectible and valuable bottles.  This safeguards both MyBottleShop.com and you our valued customer, since we both know the item left the MyBottleShop.com warehouse in an undamaged state. Since we quality check every item before it leaves our warehouse we do not take responsibility for damaged items, unless you have Delivery Insurance (see below).  We video record all parcels as they are packed.

If you receive a parcel that is damaged and you have NOT paid the delivery insurance, you must return the parcel (at our cost) so we can conduct an investigation into why the parcel was damaged.  We will claim insurance from the courier company and then re-send you a new parcel or refund you.

Returns and Refunds

Please read our returns and refunds policy page.

Bottle Numbers, Serial Numbers and Batch Numbers

Due to the exclusive nature of the products we sell, there will be products that are numbered by bottle number, batch number and or serial number. Unless specifically stated in the description or the title of the product that you are buying a definite bottle, batch or serial number, you will be sent any bottle number our supplier provides. An indication of whether a bottle is sold by number is generally in the value of the bottle.  For example, lower bottle and batch numbers generally command a higher price as they are sought after by collectors. Please read the description of the product carefully and do NOT rely on the photo of the bottle since the photo of the bottle is taken at a certain point in time and is not updated each time a batch number changes. In the case of valuable collector's bottles and where the batch or bottle number is mentioned in the title or the description you can in most cases rely on the photo of the bottle. If you have any doubt or just want to be sure please call 1300 963 000 or email customers@mybottleshop.com.au to confirm the exact bottle number, batch number or serial number you will receive.

Wine Vintages

MyBottleShop.com retails all wine bottles independent of the vintage unless otherwise specifically stated.  To be clear, when you buy wine, you are buying the wine variety NOT the vintage. This means we will send you whatever is the current available vintage.  For rarer and more expensive bottles, we will specifically list and sell the bottle by the vintage year. This means the vintage year will be in the title of the product.  If the wine you purchase does not specifically state the vintage year in the title of the product, you will be sent the current available vintage. If you are are seeking a specific vintage for a bottle of wine you must always call or reach out on live chat BEFORE you purchase the bottle and our team will do the best to advise you on the current available vintage.  But this is no guarantee as we rely on our suppliers to provide up to date and accurate information about available vintages and cannot offer refunds or exchanges in cases where a different vintage is sent except in cases where the vintage year is specifically stated in the title of the product, in which case we will honour the vintage year by sending you the correct vintage or providing you a refund.  Where refunds are offered, you must send back the wrong vintage in accordance with our terms.

Acceptance of Terms

  • Parts of the Site are accessible to all users and other parts of the Site are restricted to users who have registered with us ("registered users").

  • Unless otherwise stated, these Terms of Use apply to all users, including registered users.

  • We may, in our sole discretion, decline to register anyone as a registered user without giving any reasons.

  • By clicking the 'Accept' button you agree to these terms and conditions. By completing and submitting the electronic order form (or proceeding through the 'checkout process') you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order.   

  • The Site is proprietary and you may not copy anything on it.   

  • All copyright and other rights (including, without limitation, intellectual property rights) in and to the Site and the material (the "Content") on the Site are owned by us or by others. You may not use, copy, adapt, modify, sell, license, distribute, transmit, display, publish or create works derived from the Site or the Content or any part thereof without our prior written consent (except as permitted under applicable law).   

  • "MyBottleShop™" “MyBottleShop.com™” and “MyBottleShop.com.au”™is our trade mark and there are other trade marks, names and logos on the Site which belong to us or other people.  You do not have any licence or right to use any of them.

  • The Site does not provide any advice or recommendation. None of the Content constitutes any advice or recommendation whatsoever in relation to  any security, investment, potential investment or decision. No decision of any kind should be made on the basis of the Content. We are not liable to you.

  • We make no representation or warranty that the Content is accurate, up-to-date or complete or that any expressions of opinion or statements of intention are reasonable or honest. To the fullest extent permitted by law, we accept no liability (whether in contract, tort or otherwise) for any damages or loss of any kind arising from any inaccuracies, omissions or misleading, false or deceptive statements in the Content.

  • We and anybody else who helped us create, host or provide access to the Site and the Content are not liable for any damages or loss of any kind which you may suffer when you use the Site or attempt to use it.

  • Without limiting the foregoing, the Site and the Content is made available WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) AND ALL WARRANTIES IN RELATION TO THE SITE. THE LAW OF NEW SOUTH WALES, AUSTRALIA APPLIES.