Terms & Conditions
As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use.
Ordering via our Website
When placing an order via our website, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
More information about Deliveries can be found on the Shipping page.
Address for Delivery
You agree that the address to which we may deliver is the address you gave for delivery as part of your order or any other address we may subsequently agree to accept as the delivery address.
Unfortunately we are unabble to deliver to PO Boxes.
We will not deliver unless all requested delivery details are given when you place your order.
Conditions for Delivery
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.
We will not deliver your order if we consider any delivery circumstances may be unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they may be under 18 years).
We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
We will endeavour to deliver within the times nominated and paid for by you at the time of your order. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.
If having commenced delivery of your order, we return any ordered products to our warehouse, while we will refund the amount paid by you for those products (in the absence of an arrangement with you for re-delivery), you agree that we may deduct an amount from this refund amount on account of the costs incurred by us in returning the relevant products to our warehouse. You agree that we may make such deduction where we were unable to deliver due to circumstances beyond our reasonable control (including because of the wrong address appearing to us to have been given) or where we did not complete delivery because of any of the "Conditions for Delivery" above not being met.
Cancellations By Mountain & Row
We may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. Any such cancellation shall be by giving you such reasonable cancellation notice as we are able to provide via any of the contact details we have for you. The circumstances in which we may cancel your order are if:
a) any of the ordered products are not available;
b) there was any error in the description of any ordered products or their price as advertised by us;
c) your order is in breach of these or any other relevant terms and conditions or is contrary to a person's rights or to any law; or
d) these terms and conditions (for example under "Conditions of Delivery" above) provide that we may not deliver your order.
Cancellations By The Customer
You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact our Customer Service Team as soon as possible via email to email@example.com between 9am-5pm Mon-Fri.
You may check your order status. If the order status is 'Order being processed', please contact the Customer Service Team to confirm whether there might still be time for us to agree to you changing or cancelling your order. Every attempt will be made to accommodate your request, however unfortunately no guarantee can be given once an order has been placed.
If we agree to you changing or cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, to the ordered products being in their original condition and packaging and to you agree to pay an amount we request on account of our reasonable costs of processing the change or cancellation.
Refunds & Returns
Our Returns Policy includes the rights you have under the Australian Consumer Law (see below) and provides you with additional benefits in addition to those rights.
Your rights Under the Australian Consumer Law:
‘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. 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.’
If in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return if Mountain & Row is at fault. That is, if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or Mountain & Row has breached a consumer guarantee.
Mountain & Row Does Not Accept Returns or Refunds for Change of Mind
You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact us as soon as possible at firstname.lastname@example.org. Please review our office operating hours before making contact as the hours may vary depending on the day of the week and the time of year.
If the order status is ‘Order being processed’, please contact us to confirm whether there might still be time for us to agree to you changing or cancelling your order. Every attempt will be made to accommodate your request, however unfortunately no guarantee can be given once an order has been placed.
Purchasing A Gift Card
- Gift Cards are available to purchase via the our online store
- Gift Cards are able to be purchased in denominations of $25, $50, $100 , $150, $200 or $250 individually or collectively to make up the desired balance (e.g $25+ $50 would equal a $75 Gift Voucher)
- Gift Cards are electronic and will be delivered to the email address used to make the purchase.
- All gift cards are valid in Australia Dollars.
- Gift Cards cannot be discounted or refunded.
Redeeming A Gift Card
- Providing the gift card still has value remaining, this can be used at checkout to purchase the full or partial amount of your online order at checkout.
- If the value of the gift card is less than the total amount, the remainder will need to be made up via another payment method ie. credit card or debit card.
- If the value of the gift card is greater than the total amount, the remaining balance will remain on the card for future use.
- Gift Cards are valid for three years from the date of issue unless otherwise required by law. Gift Cards should be treated like cash.
- Any remaining balances will be retained on the gift card, and cannot be redeemed for cash. At expiration date any unused balance will not be refunded or credited.
We may record all details of and incidental to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, complying with record keeping requirements under liquor licensing laws and law enforcement.
You agree that risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).
When you place an order for product on our website, your order will be supplied by Mountain & Row - ABN 40639788220. Liquor Licensing Act 1997. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. Liquor Licence Number: #36156566.
Title and Place of Supply
You agree that title to the products you buy from us (and the place of our supply of those products to you) occurs at the place where we dispatch the products to your order. We do not supply alcohol to you at places which are not licensed under applicable alcohol licensing laws, even though such other places may be the delivery location. Immediately on us making a refund to you for any products (less any amount you have agreed we may deduct, for example under "Delivery returns/non-collection" or "Cancellations" above) you agree that title in those products shall pass back to us.
Additional Information and Terms
These terms are in addition to and do not limit additional delivery information we provide. This includes the information at the following links: mountainandrow.com.au/shipping. Such information may cover matters about delivery options; delivery costs; the circumstances when we do not charge for delivery and the limits on those circumstances; locations to which we deliver and locations to which we do not deliver; unattended deliveries and delivery exclusions. Such delivery information forms part of these terms and conditions.
We may notify you of delivery conditions relating to your particular order at or before the time of processing it.
Changes to Terms and Conditions (including delivery charges)
Mountain & Row terms and conditions may change or be suspended or terminated from time to time. These changes may relate, amongst other things, to our delivery charges. We will give advance notice of any such matters on mountainandrow.com.au. Continuing to order from mountainandrow.com.au after the period of advance notice has expired will be deemed acceptance of the amended terms and conditions.
If you are a Northern Territory resident or ordering this for delivery to the Northern Territory the listing of a product on our site does not constitute an offer to sell that product to you. Prior to any offer or acceptance, additional price checks will be completed and the price of the product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation. This may change the final price calculation for your order. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
New South Wales
New South Wales Liquor Act 2007. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $7,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $600). Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
Liquor Licensing Act 1997, Section 113. Liquor must NOT be supplied to persons under 18.
Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years.
Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
Free Delivery only applies to products purchased online over a combined value of $150.
Northen Territory / Western Australia / Tasmania
We currently do not ship to the Northern Territory / Western Australia / or Tasmania.
The materials and services at this site are provided "as is" without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Mountain Wines obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.
Mountain & Row further does not warrant the accuracy and completeness of the materials, information or services at this Site.
Mountain & Row may make changes to the materials and services at this Site, or to the products and services described in them, at any time without notice.
The materials and services at this Site may be out of date, and we make no commitment to update the materials and services at this Site.
Information published at this Site may refer to products, programs or services that are not available in your country. Consult our friendly Mountain & Row team for information regarding the products and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
- You acknowledge that our sites (including this website and all mobile applications) (website) are provided "as is" and that we do not make any warranty or representation as to the suitability of the Sites, anything (including content and websites) to or from which the Sites are linked or any product for any purpose;
- The content of the Sites and all content to or from which the Sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;
- We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the Sites are linked;
- We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;
- Risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and
- Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example under the "Delivery returns" or "Cancellations" sections in our delivery terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Promotional Voucher Codes
- Promotional vouchers can not be exchanged for cash
- Used in conjunction with one another
- Re-used on another transaction, or
- Partially used across multiple orders