Terms & Conditions

1. General

  1. This TIGHES HILL CELLARS site at tigheshillcellars.com.au is a shopping website where you can browse, select and order products advertised on the Site.

  2. Please read these terms and conditions before using the Site.

  3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.

2. Your agreement to the terms and conditions

  1. By accessing and using the Site, including subscribing as a VIP, or placing orders for Products through the Site, you agree that you will be subject to and bound by, and will comply with, these terms and conditions (including our privacy policy).

3. Registration or Joining our VIP Loyalty Program

  1. Any personal information that you give us will be held and may be used or disclosed by us in accordance with our privacy policy to ensure your order is processed.

  2. You may not have more than one active account at any one time, and your account is non-transferable. There cannot be more than two accounts per billing address.

  3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities. Please note that we will use the email address provided by you to notify you of relevant information from time to time.

4. Placing an Order for Products

  1. You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions (“Order”).

  2. You must be over 18 years of age to order from this website, photo identification and signature will be required on delivery.

  3. Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including any charges and taxes) at the time you place the Order.

  4. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.

  5. You agree that all information provided by you to us, including but not limited to when you place an Order, is current, complete and accurate details.

5. Acceptance or rejection of an Order

  1. We reserve the right to accept or reject your Order for any reason.

  2. Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. The agreement for each Order accepted by us will only be created when accepted by our team instore.

6. Restricted Products

  1. All Orders that we accept for liquor products are only accepted, processed and distributed by us from, and are transmitted from, Tighes Hill Cellars. The Orders and any acceptance or agreement are subject to our obligations under the various Liquor Licensing Acts in the jurisdictions in which we operate and our obligations to comply with responsible service of alcohol obligations.

  2. You:

    1. acknowledge that it is against the law to sell or supply alcohol or tobacco products to, or obtain alcohol or tobacco products on behalf of, a person under the age of 18 years; and

    2. warrant that you are over 18 years of age and are not obtaining alcohol (including liquor Products) or tobacco (including tobacco Products) on behalf of a person under the age of 18 years.

7. Minimum and maximum amounts in each Order

  1. Unless otherwise indicated on the Site and otherwise subject to our obligations under all relevant laws:

    1. For Pick Up orders, you may Order up to 20 cases of beer, 36 bottles of wine and 24 spirit items of a particular variety in a single transaction (there may be lower limits for promotional Products: and

    2. there is no minimum purchase amount for Pick Up orders.

    3. For delivery orders, you may order up to 10 cases of beer, 36 bottles of wine and 24 spirit items of a particular variety in a single transaction (there may be lower limits for promotional Products.

    4. there is a $20 minimum purchase amount for delivery orders.Should this go in dispatch & delivery policy?????

  2. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order and/or we may reduce the size of the Order.

  3. If we reasonably believe you are placing multiple Orders, whether under the same or different registration details, for the purposes of circumventing the Order limits, all such Orders may be cancelled by us without notice to you.

8. Fraud and risk assessment

We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms and conditions. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may not accept or cancel your Order.

9. Risk and title

Risk in the Products passes to you at the time of collection from a TIGHES HILL CELLARS store unless Products are the subject of a delivery Order, in which case risk passes at the time they are delivered to you. Title to the Products passes to you once you have ordered, paid for and receive products.

10. Cancelling an Order

We may cancel any Order, or refuse to accept an Order, or part of an Order at any time (including any Orders that we have accepted or issued an invoice for) without any liability to you for that refusal or cancellation at any time if:

  1. the requested Products in that Order are not available;

  2. we are unable to process your payment;

  3. there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order;

  4. the placement of multiple orders which meets our bulk criteria as outlined in clause 11.1 (c); or

  5. we reasonably suspect fraudulent or unlawful activity.

If we cancel an Order:

  1. we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any bank fees and charges, will be refunded to your original payment method or through an alternative means selected by us.

You may not cancel an Order once it has been processed or paid for online.

11. Fees and charges

We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):

  1. the purchase price of each Product that is ordered;

  2. any other fees and charges set out in these terms and conditions or as notified by us to you from time to time.

All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.

The purchase price of each Product is shown on the product list on the Site at the time you place your Order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any one or more of our TIGHES HILL CELLARS stores for the same Product.

Just like in our TIGHES HILL CELLAR store, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.

If a Product that you have ordered is not available and we have not provided you with a substitute, then we will provide you with a refund within 3-5 business days to your card of purchase to the value of the Products that were not supplied to you.

12. Payment methods

  1. You must pay the fees and charges online using the online payment methods on site

  2. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.

  3. You authorise TIGHES HILL CELLARS to debit the amount that is payable for an accepted Order from your nominated payment method to pay for the fees and charges.

  4. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

  5. We will email you a tax invoice after you have placed your Order which specifies the total fees and charges for the Products in the Order.

13. Substitution or missing items in your Order

  1. You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
  2. For your Order: should we be unable to supply a Product in an Order, then we will endeavour to provide you with a substitute Product. We aim to select substitute Products that are of similar value and quality, but we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.

  3. For Pick Up and Delivery Orders: if a Product ordered by you is out of stock, we will endeavour to contact you to ask whether you wish to be provided with a substitute Product of equal or greater value than the Product you selected. If you agree, we will charge you the price of the Product you ordered rather than the price of the substitute Product.

  4. If there are items missing from your collection or delivery, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock and a substitute product has not been provided. If so, then we will provide you with a refund to your card of purchase or coupon for the Products that were not supplied.

14. Your general obligations if you create an online account

You:

  1. must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;

  2. must notify us on (02) 4961 4704 during operation hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;

  3. should check the labels on the Products before consumption or use.

15. General restrictions

You must not:

  1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

  2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;

  3. make fraudulent or speculative enquiries, purchases or requests through the Site;

  4. use another person’s details without their permission or impersonate another person when using the Site;

  5. tamper with or hinder the operation of the Site;

  6. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;

  7. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;

  8. modify, adapt, translate or reverse engineer any portion of the Site;

  9. remove any copyright, trademark or other proprietary rights notices contained in or on the Site;

  10. create accounts by automated means or under false or fraudulent pretences;

  11. use the Site to violate the security of any computer or other network or engage in illegal conduct;

  12. use the Site other than in accordance with these terms and conditions; or

  13. attempt any of the above acts or engage or permit another person to do any of the above acts.

16. Suspension or Termination of account

We reserve the right to refuse service, terminate accounts and/or remove or edit content if we deem that you have likely acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. TIGHES HILL CELLARS also reserves the right to otherwise cancel Orders.

17. Warranties

You warrant that:

  1. all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;

  2. the person collecting the Products on your behalf is authorised by you to do so and over the age of 18; and

  3. you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order with us.

18. Liability

Our goods 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 

19. Privacy policy

Our privacy policy is available on the TIGHES HILL CELLARS site and forms part of these terms and conditions. You acknowledge and agree to the terms of our privacy policy.

20. Changes to these terms and conditions

We reserve the right to change these terms and conditions at any time, without notifying you and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.