Our Terms and Conditions

This web site (the "Site") is operated by Uberflow Pty Ltd, trading as, www.mybottleshop.com.au Pty Ltd ABN 85 623 339 319("us", "we", "our" or "MyBottleShop.com”).  Your use of the Site is subject to these Terms of Use, which you accept by using the Site. These Terms of Use may be updated by us from time to time and at any time without notice to you.  The current version is always available on the Site.

Who Are We and What We Do

Please read this carefully so you understand who we are what we do so that your expectation is set correctly and you can get the most from the service we offer.  First and foremost www.mybottleshop.com is a liquor technology company NOT a traditional liquor store as most people would understand the term. This means we range a HUGE range of products, BUT keep minimal stock on hand in our warehouse. 

MyBottleShop.com's motto is: Drink Better, Experience More... ™   

The website will tell you in GREEN that an item is "Available" in our warehouse and is ready for immediate despatch or in our supplier’s warehouse and is ready for despatch within the week. 

If the item is not in stock but we can source it from our supplier, it will show in AMBER "Ships from External Warehouse". Next to these words will be the date we estimate your order will arrive at your door.  This takes into account the time for us to order the product, receive it in our warehouse and ship it to you. Please remember this is an estimate. Sometimes backorder products take time to source, so do NOT order them if you require them urgently. 

Items shipped from our supplier warehouse will be In Stock (unless a stock discrepany or error has occured) and will ship within 2 days. If a stock discrepany does occur where the item is not in stock, you will be informed of this and a full refund will be offered to you.  Please bear in mind that if you ordered multiple items, some items may ship from our warehouse and some will ship from our supplier’s warehouse, in which case you will get 2 (or more) deliveries. You will not be able to select click and collect if this is the case. 

If the item is available in AMBER “Available for Pre-Order”, it means we have a limited number of bottles of an allocated, most likely rare product.  We offer the item for sale to our members and newsletter subscribers. You are buying the bottle BEFORE it’s in stock.  This is your chance to secure the bottle before it sells out and it helps us gain an allocation of bottles from our supplier. Bottles will be shipped on a first-come, first-served basis.  Bottles usually ship within 2-4 weeks, but will ship earlier if inventory comes in sooner. You will be charged immediately, but if for some reason inventory is exhausted prior to fulfilling your order, you naturally will be refunded the full purchase price plus shipping. You will receive tracking information as soon as your order has shipped. 

Responsible Service of Alcohol

MyBottleShop.com strictly adheres to the responsible service of alcohol and will not under any circumstance deliver liquor to persons under the age of 18 years of age.

Fierce give away T&Cs

1. Entry is open to Australian residents who are aged 18 years or over. Employees of the Promoter, its related entities and any agencies associated with this Promotion are ineligible to enter. 2. The Promotional Period commences at 17:00 (AEST) on Thursday, 18th April 2024 and closes at 11:59PM (AEST) on Sunday, 28th April 2024 3. The Promoter is Uberflow Pty Ltd trading as MyBottleShop.AU ABN 85 623 339 319 4. One entry per bottle of FIERCE III wine purchased (item codes #28963, #28964, #28968, #28969, #28970); per person, once order is placed and paid in full during the promotional period. All order cancellations or refunds automatically negate entry into draw. 6. The draw will be conducted at MyBottleShop.AU Warehouse; 4/61 Ewell Close, Beresfield NSW 2322 on Tuesday 30th April 2024 by way of a random draw; (a) The first valid entry randomly drawn will win the Prize as listed below, (b) If there is a dispute as to the identity of an entrant, the Promoter may, in its sole discretion, determine the identity of the entrant. (c) The winner will be advised directly via email/phone. 7. The Prizes are available for delivery within Australia only. 8. Entrants consent to the Promoter publishing their details; first name initial, surname, suburb and state via the Promoters social media platforms, in the case they are a winner of the competition. 9. There is one Prize available – a FIERCE III Mother’s Day gift hamper valued at $79.95. Prizes are not redeemable for cash or transferrable. 10. All feedback in respect of the Promotion should be submitted to the Promoter’s feedback address at: customers@mybottleshop.com.au. In the case of any dispute, the Promoter will decide, acting reasonably and considering any feedback provided. The Promoter’s decision is final..

Last updated: April, 2024 .

Delivery Policy and Fees

MyBottleShop.com handles deliveries in accordance with our Delivery Policy. 

Stock on Hand and Delivery Times

Our stock holdings vary due to the nature of our limited edition, hard to get and collectable ranges. Here is a summary of how we hold our stock and what it means for you:

• Product is available: Your order will be shipped about 1-5 days after you place the order. This is due to the fact that many of the products listed on our website are not located in store but in an external warehouse or available from a supplier. Alternatively, some of our products ship directly from suppliers or third parties. You will usually receive your order in 2-5 working days on the east coast of Australia and 4-7 working days for the west coast.

• Product is on backorder: this means we have ordered the stock from our supplier but it has not arrived in our warehouse or we can source the product but haven't ordered it as yet.  This will delay processing of your order by the period of time it takes for the stock to arrive. You will still receive the item. You will know a product is on backorder because the stock on hand says 0 (zero) but the words in Amber say "Available for backorder”.

• Rare and collectable items or hard to get items are generally unique and are sometimes in stock and available for immediate shipment but often are only available on backorder (which means we then order the item from our supplier). Please allow 2 weeks delivery for the rare and hard to get items.

• Pre-orders: MyBottleShop regularly allows pre-orders for limited edition items so that you can be sure to receive a bottle and so we can receive an allocation of the stock.  We open the pre-order up to 8 weeks before we will ship the items. Sometimes there can be delays from our supplier, especially if the item is coming in from overseas. You will receive confirmation of the pre-order by email.  You will also receive email confirmation as soon as we ship the item from our warehouse. Rest assured if you pre-order an item, you will receive it.

Please note: If you buy one item in stock and one or more on back order, we will hold the order until we can fill the WHOLE order. We prefer not to part ship an order but will do so in exceptional circumstances. As soon as all items are in stock, we will ship the order that day.  

Peak and Holiday Periods

Please allow extra delivery time during peak holiday periods. This is usually around late August and December and is due to extra volume of orders for couriers and is out of our control. During Christmas and New Years, our orders triple so although extra contractors are allocated to packing and despatch, there will still be a 1 to 2 week delay. To ensure Christmas delivery, you should order by 15th December.

Pricing

Prices are subject to change without notice.  All prices as they appear on this website are an Offer to Treat. Although our system will automatically take money and “process” the order, acceptance does not occur until we move the status of the order from “Processing” to “Complete”.  When the status of an order is “Complete” we have dispatched the order. Upon dispatch, we deem Offer and Acceptance to have occurred. In the case where a price has been entered in error or there is a database or other technical error, the price cannot be honoured. You will be advised if there is a pricing error before despatch and you will have the option to pay the difference or receive a refund.  Please understand that sometimes honest mistakes do happen and we sincerely apologise for that.

Payment Surcharges

Mybottleshop.com chooses to on-charge a PayPal fee.  These fees are very high by industry standards and cannot be absorbed by MyBottleShop as they would inevitably result in higher prices for consumers. PayPal does provide purchase protection for the buyer. The fee charged by PayPal is a combination of a flat percentage plus a variable fee dependent on many factors determined by PayPal. MyBottleShop only charges the fee charged by PayPal or a fee determined by MyBottleShop, whichever is the lowest.

Use of Coupon Codes

Unless otherwise specified, coupon codes cannot be used in conjunction with free shipping, other special offers or clearances. Most coupon codes allow for 1 use only per customer and are not transferable. The signup coupon code is valid for 1 use only per customer and may not be used in conjunction with other special offers or clearances. You must spend $200 minimum and must be logged in to use the signup coupon code.

Please note that some items are excluded from purchasing with the coupon code offer at our discretion. This is usually due to the item being a limited release or supply item.

Listing Information

Photographs

Please note that in some circumstances the product photo may not match exactly the product that you receive. There may be differences in the vintage year, packaging and labels. Suppliers within the liquor industry often change the packaging but unless otherwise stated you are buying the contents described in the words and NOT based on the photograph of the item. We cannot be liable to provide an item exactly as shown in the photograph. Often we do not want to open an item or break a seal to photograph the actual product, but we will do our best to accurately represent the item. Of course, if the item is a high value collectable (for the purposes of clarity a collector rating higher than 3), you will receive the item exactly as we describe it.

All photos on the site are copyright www.mybottleshop.com Pty Ltd. You must seek the express permission of MyBottleShop to use our photos. If you are given permission to use a photo or photos you must attribute the photo to MyBottleShop with the words "Used with permission www.mybottleshop.com" Failure to seek permission to use our photos is a breach of terms or use of this website and a breach of the relevant copyright Laws applicable in New South Wales, Australia.

Bottle Numbers, Serial Numbers and Batch Numbers

Due to the exclusive nature of the products we sell, there will be products that are numbered by bottle number, batch number and or serial number. Unless specifically stated in the description or the title of the product that you are buying a definite bottle, batch or serial number, you will be sent any bottle number our supplier provides. An indication of whether a bottle is sold by number is generally in the value of the bottle.  For example, lower bottle and batch numbers generally command a higher price as they are sought after by collectors. Please read the description of the product carefully and do NOT rely on the photo of the bottle since the photo of the bottle is taken at a certain point in time and is not updated each time a batch number changes. In the case of valuable collector's bottles and where the batch or bottle number is mentioned in the title or the description you can in most cases rely on the photo of the bottle. If you have any doubt or just want to be sure please call 1300 963 000 or email customers@mybottleshop.com.au to confirm the exact bottle number, batch number or serial number you will receive.

Wine Vintages

MyBottleShop.au retails all wine bottles independent of the vintage unless otherwise specifically stated.  To be clear, when you buy wine, you are buying the wine variety NOT the vintage. This means we will send you whatever is the currently available vintage.  For rarer and more expensive bottles, we will specifically list and sell the bottle by the vintage year. This means the vintage year will be in the title of the product.  If the wine you purchase does not specifically state the vintage year in the title of the product, you will be sent the currently available vintage. If you are seeking a specific vintage for a bottle of wine you must always call or reach out on live chat BEFORE you purchase the bottle and our team will do the best to advise you on the currently available vintage.  Do NOT rely on the photo of the product as label information changes from year to year but rather rely on the words for the full description of the product. We cannot offer refunds or exchanges in cases where a different vintage is sent except in cases where the vintage year is specifically stated in the title of the product, in which case we will honour the vintage year by sending you the correct vintage or providing you a refund.  Where refunds are offered, you must send back the wrong vintage in accordance with our terms.

As Is Condition

From time to time products will be described in “As is” condition. “As is” when employed as a term with legal effect, is used to disclaim some implied warranties for an item being sold. Certain types of implied warranties must be specifically disclaimed, such as the implied warranty of title. "As is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists and that the buyer is accepting the item "with all faults", whether or not immediately apparent. This is the classic "buyer beware" situation, where the careful buyer should take the time to examine the item before accepting it or obtain expert advice.

On the other hand, the phrase "as is" does not disclaim ‘’express’’ warranties: these may, for example, be created by the seller's description of an item. In other words, though the item may be sold "as is", nevertheless if the item does not conform to the seller's description of it, the buyer may void the sale and request a refund. The photograph of the item does not constitute part of the express warranty and as such a customer can only rely on the text that accompanies the item for sale. In many cases, but not all, MyBottleShop.com uses stock photographs that do not represent the exact or actual item for sale.

Fragile Items & Breakages

MyBottleShop.com carefully wraps and ships all fragile items. We will either carefully wrap the item or use a courier approved bottle box or glass package. The courier company must NOT hand over parcels that clearly contain broken items or show signs of leakage. That is a breach of our contractual agreement with them. The courier company must return the broken parcel to MyBottleShop. In the rare event you do receive a broken item, you should immediately return the item to MyBottleShop.com via the Reply Paid address or via courier return label (free of charge to you). Wherever possible though do NOT take possession of the broken item. This is in accordance with our agreed courier delivery policy.

At MyBottleShop.com we invest significantly in wrapping and packaging materials to ensure that you receive your fragile yet valuable item as it left our warehouse.  In the case of collectable items we carefully check every item to ensure quality control. A member of the warehouse team will very careful pack and check collectible and valuable bottles.  This safeguards both MyBottleShop.com and you our valued customer, since we both know the item left the MyBottleShop.com warehouse in an undamaged state. 

If you receive a parcel that is damaged, you must return the parcel (at our cost) so we can conduct an investigation into why the parcel was damaged. We will claim insurance from the courier company and then re-send you a new parcel or refund you.

Returns and Refunds

Please read our returns and refunds policy page.

Acceptance of Terms

• Parts of the Site are accessible to all users and other parts of the Site are restricted to users who have registered with us ("registered users").

• Unless otherwise stated, these Terms of Use apply to all users, including registered users.

• We may, in our sole discretion, decline to register anyone as a registered user without giving any reasons.

• By clicking the 'Accept' button you agree to these terms and conditions. By completing and submitting the electronic order form (or proceeding through the 'checkout process') you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order.   

• All copyright and other rights (including, without limitation, intellectual property rights) in and to the Site and the material (the "Content") on the Site are owned by us or by others. You may not use, copy, adapt, modify, sell, license, distribute, transmit, display, publish or create works derived from the Site or the Content or any part thereof without our prior written consent (except as permitted under applicable law).   

• "MyBottleShop™" “MyBottleShop.com™” and “MyBottleShop.com.au”™is our trade mark and there are other trade marks, names and logos on the Site which belong to us or other people.  You do not have any licence or right to use any of them.

• The Site does not provide any advice or recommendation. None of the Content constitutes any advice or recommendation whatsoever in relation to  any security, investment, potential investment or decision. No decision of any kind should be made on the basis of the Content. We are not liable to you.

• We make no representation or warranty that the Content is accurate, up-to-date or complete or that any expressions of opinion or statements of intention are reasonable or honest. To the fullest extent permitted by law, we accept no liability (whether in contract, tort or otherwise) for any damages or loss of any kind arising from any inaccuracies, omissions or misleading, false or deceptive statements in the Content.

• We and anybody else who helped us create, host or provide access to the Site and the Content are not liable for any damages or loss of any kind which you may suffer when you use the Site or attempt to use it.

• Without limiting the foregoing, the Site and the Content is made available WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) AND ALL WARRANTIES IN RELATION TO THE SITE. THE LAW OF NEW SOUTH WALES, AUSTRALIA APPLIES.

Mobile Terms of Service

MyBottleShop

Last updated: Feb. 19, 2024

The MyBottleShop mobile message service (the "Service") is operated by MyBottleShop (“MyBottleShop”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to MyBottleShop’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of MyBottleShop through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with MyBottleShop. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to MyBottleShop or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other MyBottleShop mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to MyBottleShop or email promotions@mybottleshop.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.