1.1. Bottlesales.com.au is an e-commerce website and mobile device application where you can browse, select and order products advertised on the Site ("Products”) from BottleSales.Com.Au Pty Ltd (ACN 618794102) ("BottleSales”, "us” or "we”).
1.2. Please read these terms and conditions before using the Site.
1.3. Your access to and use of the Site and mobile device applications, including your order or sale of Products through the Site, is subject to these terms and conditions.
1.4 Bottlesales is available to customers for placing orders 24 hours a day, 7 days a week. To enable BottleSales consumers to shop online and in your store 24/7, it is imperative that you keep your point of sale system turned on at all times. Should your Point of sale systems be offline BottleSales reserves the right to deduct any fees and transactions charges associated with the refund of any monies for failed transactions as a result of the point of sale system being offline and this includes any third-party fees and charges.
Your agreement to the terms and conditions
3.2. You may not have more than one active account at any one time per physical store, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. There cannot be more than one account per billing address.
3.3. 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.
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use Bottlesales.com.au.
- To access and use Bottlesales.com.au you must register for a Bottlesales account ("Account”) by providing your full legal name, current business address, phone number, a valid email address, liquor licence number, ABN and any other information indicated as required. Bottlesales may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Bottlesales will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Bottlesales cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account ("Materials”), where that information has been provided by yourself, or a representative of your business.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Bottlesales will result in an immediate termination of your services.
- The person nominated as Store Owner will be the contracting party ("Account Owner”) for the purposes of the Terms of Service and will be the person authorised to provide delegated access.
- Where delegated access to another employee has been provided on behalf of their employer, the employer shall remain the Account Owner.
- All users, Account Owners and Delegated access are bound to our Terms of Service.
- You must read, agree with and accept all of the terms and conditions contained in these Terms of Service.
- You acknowledge and agree that Bottlesales may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Bottlesales’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of Bottlesales after the amended Terms of Service are posted to our website constitutes your agreement to, and acceptance of, the amended Terms of Service.
- You may not use Bottlesales for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Australia. You will comply with all applicable laws, rules and regulations in your use of Bottlesales.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Bottlesales or Bottlesales trademarks and/or variations and misspellings thereof.
- If you do not agree to any changes to the Terms of Service, do not continue to use the Bottlesales service. Refer to Section 2.1. Please raise an issue on Bottlesales Support Portal and we will contact you to discuss further.
Questions about the Terms of Service should be sent to [email protected]
Technical support is only provided to paying Account holders and is available through our support portal at Bottlesales Support Portal.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate Acceptable Use Policy or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Bottlesales customer, Bottlesales employee, member, or officer will result in immediate Account termination.
- Bottlesales does not pre-screen materials and it is in our sole discretion to refuse or remove any Materials from use on the site.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID etc.
- Bottlesales retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Bottlesales reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Limitation of Liability
- You expressly understand and agree that Bottlesales shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Bottlesales or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our officers, directors, employees, and suppliers harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the Acceptable Usage Policy), or your violation of any law or the rights of a third party.
- Your use of Bottlesales is at your sole risk. Bottlesales is provided on an "as is” and "as available” basis without any warranty or condition, express, implied or statutory.
- Bottlesales does not warrant that our services will be uninterrupted, timely, secure, or error-free.
- Bottlesales does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Waiver and Complete Agreement
The failure of Bottlesales to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Bottlesales and govern your use of the Service, superseding any prior agreements between you and Bottlesales (including, but not limited to, any prior versions of the Terms of Service).
Cancellation and Termination
- You may cancel your Account at anytime by raising an issue at Bottlesales Support Portal and then following the specific instructions indicated to you in Bottlesales’s response.
- Upon termination of the Services by either party for any reason:
- Bottlesales will cease providing you with the access and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Bottlesales for your use of our services through the effective date of such termination will immediately become due and payable in full; and
- your store website will be taken offline.
- Fraud: Without limiting any other remedies, Bottlesales may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the service.
Privacy and Confidentiality
Sellers with Point of Sale Integration
- Where a seller is using Point of Sale integration they are expected to maintain and update their stock levels for Bottlesales use such as through either an API connection or csv flat file. Products with 0 or less stock will not be available for purchase.
- CSV files are required to be provided on Wednesday and Bottlesales will update your stores stock on Friday.
Sellers without Point of Sale Integration
- Where a seller opts not to use a Point of Sale integration (such as a boutique brewery or winery) they are required to ensure all products for sale are in stock.
- Products not in stock or available for purchase must be 'disabled' in the Sellers inventory.
- Sellers without point of sale integration will be limited to online stores of less than 50 items.
Order Processing - Pick Up
- All orders are to be ready for dispatch within 15 minutes of receiving the order.
- All Click and Collect orders must be provided with a receipt for every order on collection.
Order Processing - Delivery
- The seller/vendors agree to package the bottle or bottles in an appropriate box and or package for delivery.
- All orders are to be ready and packaged ready for dispatch within 15 minutes of receiving the order. Courier wait time or demurrage will be charged at a rate of $60.00 per hour in increments of 15 minutes, after the first 15 minutes of waiting time.
- All delivery orders must have a receipt provided to the Delivery driver on collection of the order.
Payment of Accounts
All payments of account are to be direct debited one month in advance and will be debited monthly. Accounts that do not remain financial will have their services suspended.
- Payment of accounts will be cleared minus transactions fees within three business days.
- Transactions fees for domestic cards is 1.75 % + 30C per transaction.
- Transaction fees for International cards 2.9% + 30c.
- BottleSales reserves the right to modify or cancel the subscription rate or transaction fee at any time.