TERMS OF SALE
MOCU – WEBSITE TERMS OF SALE
Why are these Terms of Sale important?
By submitting an order for any Beer, Cider & Wine products to MoCU, you agree to be bound by these Terms of Sale. An agreement is formed when MoCU accepts your order in accordance with these Terms of Sale.
You may only purchase alcohol from MoCU if you are aged 18 or above. MoCU supports the responsible service of alcohol.
How do I register and set up my account?
You may only purchase Beer, Cider & Wine products directly from MoCU if you have a registered account. This requires you to register your name and contact details with MoCU. You can do this on our website (www.mocu.com.au), or by contacting our customer service team by email or by telephone on 1300 11 MOCU (1300 11 6628).
Where you have a username and password as a part of your account registration with us, you are responsible for keeping your username and password secure. We will assume that anyone using your username and password is authorised by you. You have the opportunity to reset or recover your password at any time through the website or by contacting our customer service team by email or by telephone on 1300 11 MOCU (1300 11 6628).
You must not use false or misleading information when registering your account details. You are also responsible for updating your details if they change. MoCU is not responsible for any loss or damage you may suffer because you have not provided accurate, complete and up to date information.
How can I place an order?
You can place an order to purchase Beer, Cider & Wine products from MoCU by selecting the ‘Beer, Cider & Wine’ tab on our website and completing and submitting the online order form (including your name, email, delivery address and valid credit card details).
When placing an order with MoCU via the 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.
You agree that once an order to purchase is placed via the MoCu website, it is subject to verification and acceptance by the MoCU Customer Service Team located at MoCu’s offices at Sydney Olympic Park. If there are any issues with your order, the Customer Service Team will contact you on the contact details you have provided to discuss and resolve the issue. Once your offer to purchase has been verified and accepted, our Customer Service Team will instruct the warehouse to despatch the order to your provided delivery address. Any orders that our Customer Service Team determines do not comply with the conditions of these Terms of Sale will be rejected and your money refunded.
All offers of sale are made and accepted under NSW Packaged Liquor Licence LIQP770016494 attached to the MoCU offices at Sydney Olympic Park.
You agree that you will not resell any Beer, Cider & Wine products purchased from MoCU.
How do I pay?
Unless stated otherwise, all prices shown on our website, in MoCU advertising or other communications from MoCU are in Australian dollars.
You must pay for your order of our Beer, Cider & Wine products at the time you place your order. You may pay using a MasterCard, Visa or AMEX. In addition to the price of the Beer, Cider & Wine products, you must pay the specified delivery charges and all taxes, including Beer, Cider & Wine and services tax, which MoCU is required to collect from you.
MoCU will deduct all amounts owing at the time of processing your order. If we are unable to deduct from your credit card the total amount owing to us in one transaction, we may process any number of transactions on your credit card until the total amount owed to us is paid.
Prices shown on our website, in MoCU advertising or other communications (except direct mail to you) are subject to variation without notice to you. MoCU will, however, honour any price advertised on our website, in MoCU advertising or other communications unless the price advertised is the result of an error by MoCU or any of its agents, employees or subcontractors. In the event that MoCu advertises a “flash sale” that offers reduced pricing of our Beer, Cider & Wine products for a limited period, you must purchase the Beer, Cider & Wine products during the specified offer period to be entitled to the “flash sale” prices.
MOCU DELIVERY TERMS
Address for delivery
You agree that the address to which MoCu 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.
MoCU will not deliver unless all requested delivery details are given when you place your order.
MoCU is licensed to sell alcohol to Australian residents only and can only deliver alcohol to addresses located in Australia. MoCU accepts no responsibility for any arrangements made by you for the delivery of alcohol outside of Australia.
Delivery of alcohol into certain areas in Australia is restricted. MoCU will not deliver alcohol to the following postcodes in Queensland: Aurukun Postcode – 4871, Bamaga Postcode – 4876, Cherbourg Postcode – 4605, Doomadgee Postcode – 4830, Hope Vale Postcode – 4871, Injinoo Map Postcode – 4876, Kowanyama Postcode – 4871, Lockhart River Postcode – 4871, Mapoon Postcode – 4871, Mornington Island Postcode – 4825, Napranum Postcode – 4874, New Mapoon Postcode – 4876, Palm Island Postcode – 4816, Pormpuraaw Postcode – 4871, Seisia Postcode – 4876, Umagico Postcode – 4876, Woorabinda Postcode – 4713, Wujal Wujal Postcode – 4873 and Yarrabah Postcode – 4871. These areas may be modified or added to from time to time.
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.
We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met. Our couriers reserve the right to request photographic ID before handing over any Beer, Cider & Wine products.
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).
Authority to Leave option
In some cases, we may agree to delivery using the Authority to Leave option. This means that the Beer, Cider & Wine products will be left on your premises in a safe place or else a card will be left for you to collect the Beer, Cider & Wine products from your nearest Post Office. If we accept your request for delivery using the Authority to Leave option and there are persons at your premises who cannot provide proof of age ID at the time of delivery, the Beer, Cider & Wine products will not be left at your premises and instead will be available for collection from your nearest Post Office subject to presentation of valid ID. MoCU and its contractors associated with the delivery do not accept responsibility for any loss or damage which results from the Authority to Leave delivery method. You agree to release MoCU from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, suffered or incurred by you or any other person or entity as a result of using the Authority to Leave delivery method.
Beer, Cider & Wine products will be delivered using the Australia Post eParcel or Star Track delivery service. Depending on your location within Australia, the delivery time will usually be within 5 working days from the time we process your order. Deliveries are normally made between Monday and Friday, 9.00am and 5.00pm.
MoCu 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 you are not available to accept delivery (and we have not otherwise agreed to delivery using the Authority to Leave option), the courier will leave a note for later collection from your nearest Post Office. The Post Office will only release the Beer, Cider & Wine products upon presentation of identification that corresponds to the name of the consignee. If the order is not collected within the timeframe notified to you by Australia Post, it will be returned to MoCU's distribution centre. If re-delivery is required, you will be responsible for any charges incurred in re-delivering the Beer, Cider & Wine products to you.
MoCU accepts no responsibility for deliveries to incorrect or incomplete addresses provided by customers. If you provide an incorrect address and delivery is completed, you will be responsible for the purchase. If you provide an incorrect address and delivery is not completed, the order will be returned to MoCU's distribution centre and you will be responsible for any charges incurred in re-delivering the Beer, Cider & Wine products to the correct address.
If your order has not been delivered, please contact the MoCu Customer Service Team by email or by telephone on 1300 MOCU (1300 6628).
Cancellation of Order by MoCU
By MoCU: MoCu 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. If we cancel your order we will refund the amount paid by you for those products. 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 of Sale provide that we may not deliver your order.
By You: 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 the MoCu Customer Service Team as soon as possible on 1300 11 MOCU (1300 11 6628).
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.
Risk and title
You agree that risk and title to products appropriated to your order passes on delivery of them to your nominated delivery address 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). MoCU accepts no responsibility for damage caused to Beer, Cider & Wine products after delivery.
What if I want to return or seek a refund for Beer, Cider & Wine products I have ordered?
Our Beer, Cider & Wine products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. 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, you must, within 30 days of delivery of the Beer, Cider & Wine product, provide MoCu with written notice to email@example.com,au giving reasonable particulars of the alleged damage or quality issue. MoCu (or any of its agents) may not accept a claim for any damage to the Beer, Cider & Wine products which occurred during transit or for any Beer, Cider & Wine products that are not of acceptable quality where written notice is not provided within this period. On accepting your claim, MoCU will, at its discretion, replace or refund the Beer, Cider & Wine products and pay for any additional delivery charges.
Other than in the circumstances set out in this section (or in the event that your order has been cancelled by MoCU), MoCU will not be obliged to accept any return or make any refunds to you in respect of the Beer, Cider & Wine products, including but not limited to a change of mind by you.
What if the Beer, Cider & Wine products I have ordered is out of stock?
All Beer, Cider & Wine products are sold on a ‘while stocks last’ basis. We will contact you if we have out of stock of the Beer, Cider & Wine products ordered and paid for by you and you can elect to either substitute the product for another Beer, Cider & Wine product of equal value or receive a refund of your money in full.
Our Beer, Cider & Wine products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
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:
1. you acknowledge that our sites (including this website and all mobile applications) ("Sites") 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;
2. 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;
3. 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;
4. 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;
5. 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
6. where we refund you the amount of your order as provided in your agreement with us 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.
How can MoCU make changes to these Terms of Sale?
MoCU may amend, suspend or terminate these Terms of Sale from time to time. We will give notice of any such matters our website www.mocu.com.au. You should regularly check the Terms of Sale displayed on the website.
If MoCU decides to amend these Terms of Sale in a way that it reasonably considers will substantially and adversely affect your rights, MoCU will give you notice by electronic mail or by regular mail to the address provided by you in your account settings. Continuing to use the MoCu facilities, including making an order for any Beer, Cider & Wine products following receipt of such notice will constitute acceptance of the changes to these Terms of Sale.
How will MoCU use my personal information?
Unless you ask us not to, MoCU may use your personal information (including your name, date of birth, contact number and email) to provide information to you about other Beer, Cider & Wine products and services that it may offer from time to time.
How do I communicate with MoCU?
If you have a complaint or query, you can contact us by using any of the contact information set out below:
Phone: 1300 11 MOCU (1300 11 6628)
Calls from landlines in Australia are charged at local call rates. Calls from mobile phones may attract a higher rate. You will be billed by your telephone service provider and should direct all questions regarding call charges to that provider. Our MoCU customer service team will respond to your queries on weekdays between the hours of 9am - 7pm AEST.
Liquor Licensing Acts
New South Wales:
LIQOUR 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
WARNING: 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 Act 1992, it is an offence to supply liquor to a person under the age of 18 years.
WARNING. 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 years of age.
Australian Capital Territory
Under the Liquor Act 2010, a person must not sell or supply liquor to a person under 18 years old on premises where the sale or supply of liquor is authorised or in a public place. Maximum Penalty $5,000.
What else should I know?
We can transfer our rights and obligations under these Terms of Sale to any third party provided this does not affect your rights under these Terms of Sale in a negative way.
These Terms of Sale are personal to you. You may not transfer your rights or obligations under these Terms of Sale to anyone else.
These Terms of Sale shall be governed by the laws of NSW and the parties submit to the non-exclusive jurisdiction of the courts of NSW.