Terms and Conditions

This web site (the "Site") is operated by ELEPHANT ARMS HOTEL OPERATIONS PTY LIMITED Pty Ltd ACN 637 973 749 ("us", "we", "our" or "Prince Cellars”). 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.

Responsible Service of Alcohol

Prince Cellars strictly adheres to the responsible service of alcohol and will not under any circumstance deliver liquor to persons under the age of 18 years of age.

Peak and Holiday Periods

Please allow extra delivery time during peak holiday periods. This is usually around late August and December and is due to extra volume of orders for couriers and is out of our control. 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.

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 dispatched the order. Upon dispatch, 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 will have the option to pay the difference or receive a refund.  Please understand that sometimes honest mistakes do happen and we sincerely apologise for that. 

Listing Information

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 and NOT based on the photograph of the item. We cannot be liable to provide an item exactly as shown in the photograph. 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. 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.

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. 

Wine Vintages

Prince Cellars retail 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.

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 the item 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, Prince Cellars uses stock photographs that do not represent the exact or actual item for sale. 

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.   
  • 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).   
  • 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.