This Agreement is a contract between "You", the customer and Winecel Retail (No 5) Pty Ltd, ABN 28 126 016 877, trading as Drop of the Day and "dropoftheday.com.au".

Persons under 18 years of age are not permitted to place orders or purchase alcohol, nor accept deliveries

This agreement sets out the terms and conditions under which you may purchase products online from Drop of the Day and/or dropoftheday.com.au.
Please read the following terms and conditions carefully before placing your order with Drop of the Day and/or dropoftheday.com.au.
By completing the customer application process and using Drop of the Day and/or dropoftheday.com.au service, You agree to be bound by the terms and conditions of this Agreement.

Contents

1. Interpretation
2. The Agreement
3. Customer Application
4. Purchase orders and delivery of goods
5. Risk and title
6. Price of goods and payment
7. Out of stocks and substitution
8. Packaging and labeling of goods
9. License
10. Intellectual property rights
11. Liability
12. Security
13. Notification of changes
14. Confidentiality of your information
15. Termination
16. Notices
17. Miscellaneous

1. Interpretation

In these Conditions:
"Agreement" means an agreement between you the consumer and Drop of the Day and/or dropoftheday.com.au to supply Goods. The Agreement consists of the Order and these Conditions.
"Conditions" means these Conditions and any agreed written variations.
"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.
"Goods" means Goods described in an Order and includes packaging.
"Intellectual Property Rights" Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
"Order" means an order by You to purchase Goods from Drop of the Day and/or dropoftheday.com.au.
"Product List" means the list of Goods displayed on the dropoftheday.com.au Internet site as amended from time to time.
"Delivery Fee" means the fee payable to dropoftheday.com.au in respect of delivery of the Goods and handling costs associated with processing your order as advised by dropoftheday.com.au

2. The agreement

2.1 What is the Agreement? The entire agreement between You and dropoftheday.com.au for the purchase of Goods by You from Drop of the Day and/or dropoftheday.com.au is:
(a) these Conditions; and (b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between You and Drop of the Day and/or dropoftheday.com.au once Drop of the Day and/or dropoftheday.com.au receives and accepts an order at its licensed premises. No obligation to sell or supply the Goods will arise until the order is received and accepted at licensed premises. Drop of the Day and/or dropoftheday.com.au is authorized to unconditionally appropriate the liquor to the order at the licensed premises on acceptance of the Order.
2.3 Each Order is a separate agreement.
2.4 Account set-off terms,
If You owe money to dropoftheday.com.au under one agreement, Drop of the Day and/or dropoftheday.com.au may set that money against any money that You owe to Drop of the Day and/or dropoftheday.com.au under another agreement. If dropoftheday.com.au owes money to You under one agreement Drop of the Day and/or dropoftheday.com.au may set-off that money against any money that it owes You under another agreement.

3. Customer application

3.1 Application to be completed - You must complete a customer application before placing an Order for Goods with Drop of the Day and/or dropoftheday.com.au. You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform Drop of the Day and/or dropoftheday.com.au if there is any change to this information or data.
3.2 Set up costs - You are responsible for any costs associated with accessing the dropoftheday.com.au site and placing orders for Goods on dropoftheday.com.au including any Internet provider fees.
3.3 Delivery area - In order to purchase Goods from Drop of the Day and/or dropoftheday.com.au, the Delivery Address that You nominate will need to be within an area where dropoftheday.com.au provides delivery services. Drop of the Day and/or dropoftheday.com.au will advise You if the Delivery Address, which You nominate, is not in the delivery area where Drop of the Day and/or dropoftheday.com.au delivers goods. Drop of the Day and/or dropoftheday.com.au will not be obliged to continue to deliver Goods to You if You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which Drop of the Day and/or dropoftheday.com.au delivers goods.

4. Purchase orders and delivery of goods

4.1 Orders - All order placed via this website are at the discretion of Drop of the Day management.
4.2 Delivery of the Goods - Drop of the Day and/or dropoftheday.com.au will deliver the Goods to You at the Delivery Address during the authorized licensed trading hours. Drop of the Day and/or dropoftheday.com.au may obtain authorization via fax or e-mail transmission to deliver goods to the address supplied without obtaining a receipt of goods delivered, if instructed to do so by the authorized Order purchaser (You). dropoftheday.com.au, and all couriers, delivery companies acting for and behalf of dropoftheday.com.au, will take all care and reasonable precautions to ensure the Order is delivered correctly and in good condition. Drop of the Day and/or dropoftheday.com.au will take no responsibility for incorrect delivery details provided by You or any liability for goods not received at the delivery address upon correct receipt of delivered Order.
4.3 Authorized receipt of Goods - Anyone at the Delivery Address who receives the Goods shall be presumed by Drop of the Day and/or dropoftheday.com.au to be authorized to receive the Goods. Drop of the Day and/or dropoftheday.com.au may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age and sign his/her name for receipt of receiving the Goods. Drop of the Day and/or dropoftheday.com.au, (persons acting on behalf of Winecel Retail (No 5) Pty Ltd, (dropoftheday.com.au) in capacity of delivery courier) will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years of age. If the Order specifies special instructions for delivery then dropoftheday.com.au and its subsidiary companies will adhere to those specific instructions to its ability within the bounds of legal and ethical ramifications. Drop of the Day and/or dropoftheday.com.au accepts no responsibility for incorrect delivery of goods due to unlawful use of credit card, payment details. It is the Purchasers, (You), responsibility that credit details and pass-codes are kept private and confidential to prevent any unlawful use.
4.4 Change of Delivery address. - If You the consumer fail to notify Drop of the Day and/or dropoftheday.com.au of changes to current delivery address upon receipt of goods, Drop of the Day and/or dropoftheday.com.au is not to be responsible for incorrect delivery of Goods. You then are liable for all costs, return of Goods , transportation, and refunding of delivered Goods.
4.5 Delivery Time Frames. - All delivery time frames quoted on this web site are a guide only and actual delivery times may vary. While we will undertake to deliver goods ordered in a prompt and timely fashion, we take no responsibility for delays in delivery caused by our suppliers. By ordering on this site you acknowledge that a risk exists that an order will not be delivered within the time frame quoted.

5. Risk and title

5.1 Property and ownership in the Goods will not pass to the Buyer but will remain in the Seller until payment in full of the Purchase Price of the Goods and all other amounts owing is made to the Seller by the Buyer.
5.2 Risk in the Goods will pass at the time of delivery and the Buyer must insure the Goods.
5.3 Until property in the Goods passes to the Buyer:
5.3.1 the Buyer will hold the Goods as fiduciary bailee and agent for the Seller;
5.3.2 after giving 48 hours notice to the Buyer the Seller is entitled to enter upon the Buyer's premises between 9 a.m. and 5 p.m. to inspect the Goods;
5.3.3 the Buyer must return the Goods to the Seller on demand;
5.3.4 the Goods are to be stored separately and in a manner to enable them to be readily identifiable as the Seller's property;
5.3.5 the proceeds of any Goods sold are to be kept in a separate account and must not be mixed with any other monies, including funds of the Buyer;
5.4 In the event that the Buyer fails to return the Goods following the making of a demand, the Seller is entitled to enter the Buyer's premises for the purpose of taking possession of the Goods and the Seller may resell the Goods to another person.
5.5 The Buyer acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the Buyer and Seller will be owners in common of the new product and thereafter each party will have a right to share in any proceeds of sale. The proceeds of sale will be divided between the Buyer and Seller in accordance with the respective value of contributed product or ingredient.
5.6 The authority of the Buyer to sell the Goods does not extend to the making of any warranties or conditions which exposes the Seller to liability to another person (except as to the price, the terms of payment and like provisions) and the Buyer must ensure that to the full extent permitted by law all conditions, warranties implied or imposed by law are excluded and where such a condition cannot be excluded that the Seller's liability is limited to the full extent permitted by law.
5.7 The Buyer shall not attempt to give or allow any security interest over the Goods in favour of another person.
5.8 The conditions of this clause apply notwithstanding any arrangement between the parties under which the Seller grants the Buyer credit.
5.9 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have purchased, You may email Drop of the Day and a Drop of the Day representative will assess Your request for a credit, replacement or refund of the purchased damaged or incorrect product.

6. Price of goods and payment

6.1 Price of Goods - Subject to clause 6.2 the price You shall pay for the Goods shall be the price specified on the Product List. You also agree to pay the Delivery and Handling Fee in respect of each Order.
6.2 Variation - Drop of the Day and/or dropoftheday.com.au's prices are subject to variation on a daily basis. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.
6.3 Method of payment
(a) You shall pay for the Goods at the time of sending your order. You may use your credit card (Bankcard, MasterCard, Visa card, American Express and Diner's Club). Drop of the Day and/or dropoftheday.com.au does not accept cash payment for the Goods.

7. Out of stocks and substitution

7.1 No credits.
Drop of the Day and/or dropoftheday.com.au will not provide credits in respect of Goods ordered by You.
7.2 Substitution policy
Drop of the Day and/or dropoftheday.com.au will use its best endeavours to ensure that all Goods ordered by You (and any agreed substitutes) are supplied to You. In the event that Goods ordered by You are not available Drop of the Day and/or dropoftheday.com.au will whenever possible offer you a comparable product at equal or greater value.

8. Packing and labelling of goods

Drop of the Day and/or dropoftheday.com.au accepts no liability for incorrect information or picture graphics supplied and does not represent the companies or distribution companies associated.

9. Licence

You are licensed to install dropoftheday.com.au on your computer for Your use in purchasing Goods from Drop of the Day and/or dropoftheday.com.au. You acknowledge that you are not permitted to make any other use of or copyright information, text, or graphics from dropoftheday.com.au unless given prior written authorization by dropoftheday.com.au.

10. Intellectual property rights

10.1 You acknowledge that Drop of the Day and/or dropoftheday.com.au and its related companies own or are licensed to use all Intellectual Property Rights in Drop of the Day and/or dropoftheday.com.au (including, but not limited to, any images, photographs or text, which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy dropoftheday.com.au in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
You agree to indemnify Drop of the Day and/or dropoftheday.com.au and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys' fees) that may arise from your submissions, and from your unauthorized use of material obtained through dropoftheday.com.au, from your breach of this Policy, or from any such acts arising through your use of Drop of the Day and/or dropoftheday.com.au.
10.2 You acknowledge that any trademarks or logos which appear on the dropoftheday.com.au site are owned by or licensed to dropoftheday.com.au or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

11. Liability

11.1 You acknowledge that Drop of the Day and/or dropoftheday.com.au is provided "as is site" and that dropoftheday.com.au is not making and has not made any warranty or representation as to Drop of the Day and/or dropoftheday.com.au's suitability for any particular purpose. You agree that in using Drop of the Day and/or dropoftheday.com.au, You are not relying on any statement or representation made by Drop of the Day and/or dropoftheday.com.au that is not expressly contained in this Agreement.
11.2 You agree that any liability of Drop of the Day and/or dropoftheday.com.au arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of Drop of the Day and/or dropoftheday.com.au (other than a condition or warranty implied by legislation which does not permit Drop of the Day and/or dropoftheday.com.au's suitability to be limited as stated in this clause
11.2) will, at the election of Drop of the Day and/or dropoftheday.com.au be limited to:
(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
11.3 You agree that the entire risk arising out of installation, down loading, use or performance of dropoftheday.com.au remains with You. To the extent permitted by law, You release and discharge Drop of the Day and/or dropoftheday.com.au and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Drop of the Day and/or dropoftheday.com.au or this Agreement, including, without limitation, loss or damage caused by the negligence of Drop of the Day and/or dropoftheday.com.au or its related corporations.

12. Security

You agree to take responsibility for the safekeeping of your credit details and pin codes. You are liable if any unauthorized persons use your Credit Card and passcodes. You agree to release and indemnify Drop of the Day and/or dropoftheday.com.au in relation to any liability arising out of the unauthorized use of your credit card and passcodes.

13. Notification of changes

Drop of the Day and/or dropoftheday.com.au may add to, delete, or otherwise change any of the terms of this Agreement without notice. Your use of the dropoftheday.com.au services will be bound by the Terms and Conditions, prices, and other information present on the date of your use.

14. Confidentiality of information

Drop of the Day and/or dropoftheday.com.au reserves the right to disclose information regarding Drop of the Day and/or dropoftheday.com.au members and use of the Drop of the Day and/or dropoftheday.com.au service to third parties providing that the information will not specifically identify You or any personal information supplied by You. Drop of the Day and/or dropoftheday.com.au also reserves the right to disclose information regarding Drop of the Day and/or dropoftheday.com.au members and use of the dropoftheday.com.au service, including personal information if we consider it necessary to comply with law or to protect the rights and property of Drop of the Day or others.

15. Termination

Drop of the Day and/or dropoftheday.com.au may terminate this Agreement at any time by delivering notice (as specified in clause 16) or by sending You a system message, (e-mail notification) advising that your shopping privileges have been removed. If this occurs, please email Drop of the Day. Termination of this Agreement shall be effective on the day notice is received and recorded or such later date as specified in the notice.

16. Notices

Drop of the Day and/or dropoftheday.com.au may give notice to You by electronic mail or by conventional mail to your address contained in the membership registration information, provided by You. You may give notice to dropoftheday.com.au by electronic mail to Enquiries@dropoftheday.com.au

17. Miscellaneous

17.1 Provisions are severable.
Each provision of this Agreement (including these Conditions) is severable. Severance does not affect any other provisions.
17.2 New South Wales Liquor Law applies to Drop of the Day and/or dropoftheday.com.au.

These terms and conditions were last updated on 02/09/2011.