By accessing or using the website of Jim Murphy Online Cellars you agree to be bound by the current version of these terms and conditions of use. If you do not agree to these terms and conditions, you may not use the Jim Murphy Online Cellars website. The Jim Murphy Online Cellars website is hosted and maintained by Jim Murphy Airport Cellars Pty Ltd (ACN: 120 497 510 – ABN: 35 120 497 510) trading as Jim Murphy Online Cellars.
Supply of Alcohol to Minors
Under Australian law it is an offence to supply alcohol to a person under the age of 18 years – penalties apply. By making a purchase on the Jim Murphy Online Cellars (A.C.T. Liquor Licence: 14005618) website you represent and warrant that you are at least 18 years of age.
Breakages
If you receive your delivery with one or more bottles broken, simply let us know within 2 working days of the date of delivery and Jim Murphy Online Cellars will issue you with an account credit equal to the price paid by you for the broken bottle(s).
Handling of Wine
Please note that a full case of wine weighs more than 16kg. Therefore, we strongly recommend that our customers take extra care when lifting deliveries. If you are concerned at all about the weight, we suggest that you transfer the bottles one or two at a time.
Product Images
Product images are for illustrative purposes only and thus may differ in appearance from the actual product you receive.
Specific Vintages
Wine vintages regularly change and as such, unless specified in the product title, we cannot guarantee delivery of a specific vintage. Vintages, when included in tasting notes, are only to identify the wine being evaluated and do not designate the vintage being sold. If you require a particular vintage of a wine please contact us (contact details can be found below) before placing your order.
Tasting Notes
Tasting notes are a subjective interpretation of a product’s sensory characteristics and thus may differ from your own experiences of that product. Jim Murphy Online Cellars does not endorse the reliability, accuracy or completeness of the tasting notes provided and takes no responsibility for any errors or omissions they may contain.
Changes to Items Listed
We may withdraw and/or re-offer any item listed for sale on the Jim Murphy Online Cellars website if the item:
- becomes unavailable;
- is withdrawn by the manufacturer or supplier; or
- was incorrectly described or listed.
Currency and Pricing
All the prices listed on the Jim Murphy Online Cellars website are displayed in Australian Dollars (AUD). If a product inadvertently appears on the Jim Murphy Online Cellars website at the wrong price, Jim Murphy Online Cellars may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged. If your credit card was charged for the purchase and the order is cancelled, Jim Murphy Online Cellars will notify you and issue a credit to your credit card account in the amount of the cancelled order.
Intellectual Property
The copyright material contained in this website and all intellectual property rights,including graphics, logos, trademarks, design, text and icons are owned by Jim Murphy Online Cellars or in some cases, a related body corporate or third party. Trademarks shown on any product are the property of their respective owners. These intellectual property rights are protected by Australian and international laws.
You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written permission of the owner of the copyright in that material.
Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. This website makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
Limitation of Liability
To the full extent permitted by law, neither Jim Murphy Online Cellars nor you will be responsible for any losses that were not foreseeable to both parties at the time of entry into these terms and conditions or for any loss of profits, loss of revenue or loss of savings,however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).
Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon Jim Murphy Online Cellars which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for purpose for which they were supplied to you. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in this Agreement and to the extent to which Jim Murphy Online Cellars is entitled to do so, Jim Murphy Online Cellars limits its liability in respect of any claim under those provisions to:
In the case of goods, at Jim Murphy Online Cellars’ option:
the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
In the case of services, at Jim Murphy Online Cellars’ option:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Other than as set out above, Jim Murphy Online Cellars will not be responsible for any claims arising out of or in connection with your access to and use of the Jim Murphy OnlineCellars website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.In the event of Jim Murphy Online Cellars ceasing to provide access to the website or anyas sociated services it will have no liability to the user for any cost, expense or damage whatsoever.For the purposes of this section, the term Jim Murphy Online Cellars will mean JimMurphy Online Cellars and its officers, employees, contractors and agents, whether individually or collectively
Governing Law
This Agreement is governed by and construed in accordance with the laws of the AustralianCapital Territory and you irrevocably submit to the exclusive jurisdiction of the courts in that Territory.
Changes to these Terms and Conditions
Jim Murphy Online Cellars may, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including these terms and such modifications will be binding upon you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.Jim Murphy Online Cellars may cease to provide you with access to the Jim Murphy Online Cellars website or any of its services without notice. All rights not expressly granted are reserved.
Manufacturer’s Liability
Subject to any legal rights you may have, if an item is purchased by you with an accompanying manufacturer’s warranty, Jim Murphy Online Cellars will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.
Security Policy
Jim Murphy Online Cellars uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on the Jim Murphy Online Cellars website using the eWAY gateway are secured payments, as follows:
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by Jim Murphy Online Cellars
- or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within eWAY’s bank-grade data centre,
- further protecting your credit card data.
- eWAY is an authorised third party processor for all the major Australian banks.
- eWAY at no time directly handles your funds; all monies are directly transferred
- from your credit card to the merchant account held by Jim Murphy Online Cellars.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au
Prohibited Site Usage
In accessing Jim Murphy Online Cellars you warrant that will not use this website for any purpose that is unlawful or in any manner that contravenes the website terms and conditions. It is a condition of using this website that you will not violate or attempt to violate the security or integrity of the website or interfere with service to users of the website including,without limitation: accessing data not intended for users of the website; attempting to probe, scan or test the vulnerability of the website for security breaches; submitting a virus or corrupted data to the website; overloading the website or carrying out any form of denial of service attack; attempting to decompile, disassemble or otherwise reverse engineer the content or software making up any part of the website; and sending unsolicited advertising or other communications to users of the website.
Information and Data
Although every effort has been made to ensure the accuracy of the information and data contained on this web site, visitors to the site should note that this information and data is subject to change without notice, and its use, for whatever purpose is at your sole risk. No warranties, either express or implied are provided by Jim Murphy Online Cellars and all promotional deals and offers are subject to terms and conditions which may vary from time to time and are subject to the availability of stock. Jim Murphy Online Cellars, its agents, officers and employees:
- Make no representations, expressed or implied, as to the accuracy of the information and data contained on this site.
- Accept no liability for any use of the said information and data or reliance placed on it.
- Make no representations, either expressed or implied, as to the suitability of the said information and data for any particular purpose; and,
- Make no warranties that the said information and data is free of infection by computer viruses or other contamination.
Contact Us
If you have a question, a problem, or just need to contact us: By phone: 1300 033 618 Monday to Saturday: 9:30am-5:30pm (AEST) Sunday: 10:30am-5:30pm (AEST) or by e-mail: info@jimmurphy.com.au