By completing your registration and using this site to purchase products from us, you agree to and are bound by these Terms and Conditions.
Before placing an order through the site, you must complete the customer registration process. The information that you provide us as part of that process will be held and used by us in accordance with our Privacy Policy. In completing the registration process, you warrant that the information that you provide us is accurate and complete. You must inform us immediately if there are any changes to these details.
An agreement exists once we accept an order from you, being the point at which your order and payment is processed. If you subsequently modify your order, all prices will update to the prices that are current at the time of the modification.
It is against the law to sell or supply alcohol to people under 18. By accessing this website, completing a customer registration and/or placing an order for the purchase of liquor, you warrant that you are over the age of 18. Drakes reserves the right to ask for Government issued photographic identification when orders are being delivered or collected instore.
Our sale of liquor online is permitted as part of the operations of each of our licensed premises. License details for each of our licensed premises are available on our website. Drakes will determine, at our sole discretion, which one of our licensed premises will be responsible for any online transaction.
This website is intended for Residential or Personal use only and we reserve the right to cancel orders that do not comply with this.
Drakes Cellars reserves the right to cancel any order for any reason without notice.
Orders & Delivery - General
Drakes Cellars does not service orders and deliveries outside of South Australia.
Orders placed for delivery to locations that are not in the Drakes Cellars delivery area cannot be processed. When you complete your delivery address postcode you will be informed if this is the case.
Orders must be placed (or modified) by 12 midnight for next day delivery — refer to the delivery time tab for days/times. Orders can be placed up to 7 days in advance of delivery.
The minimum purchase amount for each online order is $50. The minimum order value excludes the delivery fee.
Unlimited Delivery Subscription is not available for Drakes Cellars orders.
Orders greater than those deemed to be reasonable or normal household quantities may be limited or attract a handling fee. We will contact you if this is the case and allow you to amend your purchase if necessary.
Discounts such as pensioner, entertainment books etc, are not redeemable for online shopping.
Gift Cards are not accepted for online transactions.
Some products are not available via Drakes Cellars.
Fuel dockets are not available to be redeemed with Drakes Cellars shopping.
Drakes Cellars displays pictures of items available for purchase. At times, the pictures may differ from the items you receive. Drakes Cellars endeavours to provide product information on some lines, however, it is recommended that you refer to the product label before consumption.
Catalogues
Unfortunately, for online purchases we cannot offer Multibuy or Free with purchase products advertised in catalogues.
On occasion, products advertised in Catalogue are not available to order on Drakes Cellars and you will therefore be unable to add them to your trolley.
Delivery
Delivery timeslots are selected during the checkout process and cannot be held whilst you are adding to your shopping cart.
Drakes Cellars will deliver the goods to the delivery address provided by you within the time selected by you unless we inform you of any potential delay beyond the drivers control like traffic issues or a flat tyre.
Delivery of your order must be received by a person. Drakes Cellars orders will not be left unattended at your nominated delivery address.
Receipt of any Drakes Cellars delivery must be by the person responsible for placing the order or, if you have specifically advised us, to another adult over the age of 18 years.
At the time of delivery, the person receiving the delivery will be required to sign a declaration confirming their name and age, and, if deemed necessary at our sole discretion, to provide photographic evidence of their identification and date of birth.
By placing an order for delivery via Drakes Cellars, you accept that we will retain details of the delivery including, but not limited to, the particulars of the order, delivery address, name and date of birth of the recipient of the delivery, along with details of any photographic identification provided. We will keep this information for a minimum period of twelve (12) months and otherwise in accordance with our Privacy Policy which can be found on our website.
Any failure or inability to comply with these Terms & Conditions will result in the delivery being abandoned and the goods being returned to the licensed premises from which they were dispatched. A failed delivery may incur a fee of $30 and the charges for any perishable products you had ordered. Should you still wish to complete your order, we will make the goods available for you to collect.
Risk and title in the goods passes to you upon delivery.
If you believe the goods we charged you for were not supplied you are able to make a claim for a refund to your credit/debit card by contacting customer service 1800 289 394 Monday — Friday 8.00am — 5.00pm within 24 hours or by email to onlineshop@drakes.com.au We won’t refund the delivery fee.
If you believe your Liquor product is defective, then you may return the defective product to our store or contact our Customer Service by telephone within 8 hours of the delivery time to make arrangements to return that product. Upon confirmation that the good/s have been received we will refund your online account within 3-5 business days. You must provide us with the Tax Invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may reject or deny your claim
Returns for refunds on liquor products will not be available for any over ordered goods.
Click & Collect orders must be placed/modified by 10am for same day collection from 3pm.
Click & Collect orders must be placed/modified by midnight for next day collection from 10am Monday — Saturday.
Click & Collect orders must be placed/modified by 5pm Saturday for Sunday collection from 12.00pm
Click & Collect orders must be collected by the person responsible for placing the order (who must be an adult over the age of 18 years) or, alternatively, to another adult over the age of 18 years on express instructions from the person responsible for placing the order.
Regardless of whether payment has been made, goods the subject of a Click & Collect Order will not be released to any person under the age of 18. Drakes Cellars reserves the right to cancel and/or refuse delivery or collection of any orders if the person is under 18 years of age.
Goods the subject of a Click & Collect Order may not be released unless the person collecting the order signs a certification and/or provides photographic evidence, to our satisfaction, confirming that they are over the age of 18. If the provision of photographic evidence is required, you permit us to retain a copy of the relevant certification and/or details of the photographic evidence provided, which will be kept for a minimum of twelve (12) years and otherwise in accordance with our Privacy Policy.
The credit card used for payment is required to be shown when you collect your Drakes Cellars order and must match the person on the proof of identity shown.
Fees & Charges
When an order is placed you will be charged, and you agree to pay, the purchase price of each product within the order, the delivery fee and the cancellation fee for an order that has been cancelled (if applicable).
Relevant Fees are as follows:
Orders up to the value of $99.99 incur a delivery fee of $15.00
Orders between the value of $100 and $199.99 incur a delivery fee of $13.00
Orders between the value of $200 and $299.99 incur a delivery fee of $10.00
Orders to the value of $300 & over have Free Delivery.
Cancellation Fee — Orders cancelled after midnight for a delivery due that day will incur a $30 fee.
The products in your order will be charged at the purchase price that was current on the site at the time you submitted or modified your order. This price will appear on your confirmation. The price of a product on the site may differ to the prices in our stores. Please be aware some Drakes Cellars specials are not available online.
Rainchecks are not available for items online.
Pricing Errors
Drakes Cellars will contact you in the event of a pricing error and you will have the right to amend your purchase.
Payment
You are required to provide credit/debit card details when you complete your order. If you have ordered a particular product for which the price is to be determined by reference to weight or some other metric, the exact weight and price of the item will be determined at the time the order is picked. Once your order has been picked and your order finalised, your card will be charged. If your card is declined, we will try to contact you.
Gift cards are not accepted for online shopping
A receipt/Tax Invoice of your order will be emailed to you, once the final payment amount is known. It will show your delivery fee.
Liability
To the extent you are acquiring goods and services from Drakes Cellars as a consumer within the meaning of the Australian Consumer Law, you may have certain rights and remedies, including consumer guarantee rights that cannot be excluded, restricted or modified by agreement.
Nothing in these Terms & Conditions operates to exclude, restrict, or modify the application of any right of remedy or any liability of Drakes Cellars under the Australian Consumer Law, where to do so would contravene that statute or cause any term of this agreement to be void (‘Non-Excludable Obligation’).
Except in relation to a Non-Excludable Obligation, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under general law or by statute are expressly excluded under this agreement.
Except in relation to Non-Excludable Obligations, Drakes Cellars’ liability to you arising directly or indirectly under or in connection with this agreement or the performance or non-performance of this agreement and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity, is limited as follows:
Drakes Cellars (and its officers, employees, contractors and agents) excludes all liability for loss of revenue, loss of profit, loss of or damage to reputation, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with this agreement (including without limitation loss or corruption of data); and
Drakes Cellars’ total aggregate liability under or in any way connected with this agreement is limited to an amount not exceeding the total amounts paid or payable by you to Drakes Cellars under this agreement.
In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which Drakes Cellars’ liability is not so limited under this paragraph, Drakes Cellars’ liability to you for a failure to comply with any Non-Excludable Obligation is limited to:
In the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
In the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Drakes Cellars’ liability to you for loss or damage of any kind arising out of, or in connection with these Terms & Conditions and any agreement is reduced to the extent that you cause or contribute to the loss or damage.
Use of the website
All text, images, logos and all other intellectual property on the website is owned, controlled by or licensed to Drakes Cellars. Drakes Cellars does not permit you to use the website or content for any purpose except for viewing the content for your own personal use.
You must not do anything that interferes with the operation of the website or that inflicts an excessively large load on the website.
You must not communicate to the website any offensive or inappropriate material.
You are not permitted to make any alterations to the site.
You must not test the susceptibility of the site or contravene the security of the site.
You must not use the website in any way that is unlawful or violates the rights of Drakes Cellars.
Drakes Cellars may contain links to websites regulated by third parties and is not liable for any content on third party websites.
Your login details for accessing the site must be kept secure and you will be held responsible for any person that uses your login details to access the site. Call customer service on 1800 289 394 if you become aware of unauthorised use of your login details/account.
You must not make fraudulent purchases or requests through the Drakes Cellars site.
You must not use another person’s details without their permission or impersonate another person when using the Drakes Cellars site.
These Terms & Conditions may be changed at any time. Any changes will be effective as soon as they are posted. These Terms & Conditions may consequently be different for future orders therefore we advise that you read these Terms & Conditions each time you agree to them during the ordering process.
Drakes Cellars may terminate or suspend your access and use of the site or terminate or suspend this agreement at any time.
