Conditions of Use

Last Updated: 23 April, 2003

This Conditions of Use (hence "contract" or "the contract") is a binding legal agreement between the customer ("you") and Souffle Pty Ltd ABN 94 948 930 986 trading as Jim's Cellars.

Jim's Cellars actively supports the Responsible Service of Alcohol. Jim's Cellars also strictly adheres to all applicable licensing laws. Persons younger than 18 years of age are not permitted to purchase alcohol under Australian Law.

The following contract lays out the terms and conditions for both using this website and ordering products from it. By using the site or ordering goods from Jim's Cellars you agree to be bound by these terms and conditions. Please read these terms carefully before using the site or placing an order.

• "Contract" means a binding agreement between You and Jim's Cellars to supply goods. This contract is valid for as long as you are using this website or as long as delivery of goods is still pending. The contract consists of your order for goods and these conditions.
• "Conditions" means these conditions and any agreed written variations.
• "Delivery Address" refers to the address provided by you to which the order is to be delivered. You are solely responsible for the accuracy of this information.
• "Goods" refers to the contents of the delivery (order) itself, and includes packaging.
• "Order" refers to a request by you for the purchase of goods from Jim's Cellars.
• "Delivery Charge" refers to the fee payable to Jim's Cellars in order to cover the costs incurred through delivery of your order. These fees are clearly stated in the Help and FAQ section of this web site.
• "Web Site" refers to the web site located at jimscellars.com.

All content included on this site, such as text, graphics, logos, button icons, images, and software, is the property of Jim's Cellars and is protected by Australian and International copyright laws. The compilation and use of all content on this site is the exclusive property of Jim's Cellars and protected by Australian and International copyright laws. All software and code (including HTML and client-side script) used on this site is the property of Jim's Cellars or Wright New Media Pty Ltd and protected by Australian and International copyright laws.

The contract is formed between You and Jim's Cellars when you visit this website for any reason, not limited to the purchase of goods or review of prices/stock. Jim's Cellars does not accept any obligation to supply goods as per your order until payment is finalised during regular trading hours on premises. All orders are received and processed on Licensed Premises.
Each order or visit to this website is formed as a separate and unrelated contract. Prior acceptance of an order or orders from You does not guarantee future acceptance. Each order is assessed subject to these terms and conditions separately.

If you owe money to Jim's Cellars, or Jim's Cellars owes money to you, that sum may be set-off against any other sum under a separate contract.

In order to facilitate accurate and prompt delivery, the delivery address with which you provide Jim's Cellars is required to be within a location where we provide delivery. Jim's Cellars will advise you if your delivery address ceases to be within a delivery area. Jim's Cellars is not obliged to continue to deliver goods to you if your delivery address ceases to be within a delivery area.

Jim's Cellars reserves the right to limit purchases to retail quantities only.

Orders must be received by You or by Your authorised representative at the time and place of delivery. If instructions are provided and goods left on the premises without a signature, all care is taken to ensure that the goods are safe. No responsibility is taken by Jim's Cellars if such a situation occurs. The authorised agent must be over the age of eighteen (18) years of age.

Risk and Title in the goods passes to You upon delivery of goods to the nominated delivery address. All care is taken by our chosen couriers during the transit of your order, but no responsibility can be taken by Jim's Cellars should damage result. If you feel your order is unsatisfactory, we ask you to contact us by phone and speak to a service representative.

Prices on this web site are subject to change and variation without notice. You also agree to pay any associated handling/delivery fees required for delivery to your nominated address. The price payable is the price applicable on the date the order is confirmed by Jim's Cellars.

At this time Jim's Cellars only accepts credit cards as a valid form of payment. No Cheque or C.O.D arrangements are acceptable as methods of payment.

Jim's Cellars does not and will not provide "rainchecks" in respect of items within your order. Whilst we try our best to keep stock levels up, there is the rare occasion when an item ordered by you will be out of stock. We will endeavour to notify you of this occurence and offer a comparable product of equal or greater value. Bear in mind that the minimum 2-dozen limit still applies, even when an item runs out of stock.

Please also remember that products, particularly during good vintages, can run out of vintage. While we make every effort to ensure accurate information about our products are available, sometimes even we can underestimate the demand. Occasionally an advertised vintage will no longer be available.

Whilst every possible effort is made to keep product illustrations / images up-to-date, occasionally an error may occur. As a general rule, the depiction of products on the site is for illustrative purposes only.

Jim's Cellars grants you a limited and revokable license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Jim's Cellars. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Jim's Cellars. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jim's Cellars without express written consent. You may not use any meta tags or any other "hidden text" utilizing Jim's Cellars's name or trademarks without the express written consent of Jim's Cellars. Any unauthorized use terminates the permission or license granted by Jim's Cellars and exposes you to prosecution.

This web site is provided by Jim's Cellars on an "as is" and "as available" basis. Jim's Cellars is not making and has not made any warranty or representation as to the web site's suitability for any particular purpose.

In using this site you expressly agree that your use of this site and it's contents (to the extent of these conditions) is at your own sole risk.

You agree that any liability of Jim's Cellars' arising out of or in connection with any breach of express or implied warranty or condition in respect to goods or services supplied to you through use of this web site will be limited to:

• If the condition relates to goods, the replacement of goods or the supply of equivalent goods.

If you use this site and make use of the user account feature, you agree that you are solely responsible for the confidentiality and security of the password and username combination that you use to protect your private data. You also agree to accept to the full extent permitted by law responsibility for any and all activites that occur under your account or password.

Jim's Cellars reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. All applicable NSW Liquor Licensing Laws also apply.

This policy and our privacy policy govern your visit to Jim's Cellars. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Each provision of this contract (including these conditions) are severable. Severance does not affect any other provisions or conditions.

For details of confidentiality, please review our Privacy Policy.

Jim's Cellars may communicate with You via e-mail or telephone with regards to any information we may require. Similarly, if you need to contact Jim's Cellars, please visit our Contact Page.

The Laws of New South Wales govern this Agreement. By visiting this web site, you agree that the laws of the state of New South Wales, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Jim's Cellars.

New South Wales Liquor Licensing Laws also govern the conduct of Jim's Cellars.