Terms & Conditions

Terms & Conditions AustraliaTastingRoom.com & BuyTheBox.co

  1. Introduction
    1. Welcome to Australiatastingroom.com and Buythebox.co. These Terms and Conditions outline the rules and regulations for the use of Australiatastingroom.com’s and Buythebox.co’s ABN 13 131 922 088 (the Market Operator) websites, located at www.australiatastingroom.com and www.buythebox.co.
    2. By accessing these websites and/or using the Markets as either a Seller or a Buyer (or browsing as a Viewer), you accept these Terms and Conditions, including any updates posted from time to time on the Australiatastingroom.com and Buythebox.co websites. The Market Operator may update these Terms and Conditions at any time by posting them on their websites. You accept the responsibility to check the websites for changes before entering a transaction. Do not continue to use the websites if you do not agree to all the Terms and Conditions stated here.
  2. What Australiatastingroom.com does
    1. Australiatastingroom.com is an international online Marketplace for Australian wineries and beverage manufacturers, wholesalers, retailers and importers that want to sell wines and beverages to other businesses and companies internationally. Services include, but are not limited to, the collection and distribution of payments, logistics and shipping services and customs and excise solutions.
  3. What Buythebox.co does
    1. Buythebox.co is an online Marketplace for SME food and beverage manufacturers, wholesalers, retailers and importers that want to sell food and beverages to other businesses and consumers in Australia. Services include but are not limited to the collection and distribution of payments, logistics services and customs and excise solutions.
  4. Liquor Licence
    1. Australiatastingroom.com and Buythebox.co are operated by Mullholland Pty Ltd (ABN 13 131 922 088), the holder of Victorian (Australia) packaged liquor licence number 33785992 issued by the Victorian Commission for Gambling and Liquor Regulation. The licensee is the Market Operator. Buyers of alcoholic Goods warrant that they, or the party nominated as the addressee, is of drinking age in the destination country and consent to age verification at the point of delivery.
  5. Definitions
    1. Assets means all assets, Goods, documents and records of the Customer held by or in the possession or control of the Company (whether or not as part of the arrangement under these Terms and Conditions or the Service Agreement) and includes, without limitation, the Goods and shipping documents, including, without limitation, bills of lading, insurance policies, commercial invoices and certificates as to weight, quality or other attributes.
    2. Authority means the authority and acknowledgement by which the Customer appointed the Market Operator to act on its behalf on the terms of the Authority and on the terms of these Terms and Conditions and as required under section 181 of the Customs Act.
    3. Authorised Deductions are Transaction Fees (if applicable), Logistics Services Fees (if applicable), Return Credits (if applicable) and any other amounts owed by the Seller to the Market Operator or (in connection with a transaction on the Markets) to any Buyer and any others specifically agreed between a Seller and the Market Operator as arise or are agreed to from time to time.
    4. Buyer means a person who buys or attempts to buy Goods via the Market Operator.
    5. Carriage means carriage by vehicles and conveyances of all kinds including acts in furtherance of an act of carriage by another or a specific means, whether by air, sea or land transport.
    6. Chain of Responsibility (CoR) has the same meaning as in the Heavy Vehicle National Law, constituted in the Heavy Vehicle National Law Act 2012 (Qld), the Road Traffic (Vehicles) Act 2012 (WA) and the Road Traffic (Administration) Act 2008 (WA) or such other legislation as may be enacted by a State or Territory Government for the purpose of giving effect to the Council of Australian Governments’ Intergovernmental Agreement on Heavy Vehicle Regulatory Reform dated 25 February 2010.
    7. Claims means claims, allegations, notices, proceedings and regulatory action by any person, including a Buyer or a regulatory authority, and the losses, costs, damage and expenses arising from them.
    8. Confidential Information means information of a confidential nature whether oral, written or in electronic form including, but not limited to, these Terms and Conditions, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to Personal Information) and pricing details.
    9. Contract means the Terms and Conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
    10. Cookies means small files which are stored on a user’s computer… (full cookie definition and notes carried below in Privacy & Cookie Policy).
    11. Customer refers to you, the person accessing these websites and complying with these Terms and Conditions.
    12. Customs Related Law has the same meaning as in Section 4B of the Customs Act.
    13. Debts means all amounts owing by the Customer to the Market Operator on any account whatsoever.
    14. Excluded Interest means any of the interests set out in section 8 of the PPSA or any interest that is not a Security Interest but encumbers the Goods.
    15. Fees means all amounts payable under these Terms and Conditions, including Transaction Fees, Logistics Services Fees and any other charges or amounts notified by the Market Operator.
    16. Force Majeure Event means anything outside the reasonable control of a party (other than a shortage of funds)… including but not limited to war, acts of God, national emergencies, cyber incidents, epidemics/pandemics, or industrial action.
    17. Freight Forwarding Terms and Conditions means the terms under which the Market Operator provides the Logistics Services which can be found at https://www.getfreighted.com.au/
    18. Goods means foods, beverages and related physical items.
    19. Government Authorities means, without limitation, all Government departments and agencies, in Australia or in any other country, with responsibility for import/export of goods and related transport (including ABF, ATO, etc.).
    20. GST Law, GST, GST Rate, Input Tax Credit, Tax Invoice, Taxable Supply have the meanings given under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    21. Intellectual Property Rights includes all IP rights, registered or unregistered, and the right to apply for registration.
    22. Insolvency Event includes events where the Customer is unable to pay due amounts and analogous insolvency procedures.
    23. Logistics Services / Logistics Services Fees / Logistics Services Terms have the meanings set out herein.
    24. Markets means the online markets described above.
    25. Market Operator means Australiatastingroom.com and Buythebox.co ABN 13 131 922 088.
    26. Order means an order for Goods placed by a Buyer via the Markets software.
    27. PPSA means the Personal Property Securities Act 2009 (Cth).
    28. Price means the Price payable (plus any GST where applicable) for the Goods and/or Logistics Services as agreed between us and you.
    29. Recipient Created Tax Invoice (RCTI) means a tax invoice created by the recipient of a supply that complies with the GST Law.
    30. Related Body Corporate has the same meaning as under the Corporations Act.
    31. Reporting Obligations means the obligations of the Market Operator to report the arrival, carriage and movement of goods pursuant to the Customs Act or any Customs Related Law or as required by any Government Authorities.
    32. Return Credits means any refund, credit or other compensation that is owed or that the Market Operator determines is owed by a Seller to a Buyer.
    33. Security Interest has the same meaning as under the PPSA.
    34. Seller means a person who sells or attempts to sell Goods via the Market Operator.
    35. Sub-contractor means any third party appointed by the Market Operator to assist in provision of Services, including servants/agents of such parties.
    36. Supply has the same meaning under the GST Law.
    37. Transaction Fees means fees for selling or listing on the Markets.
    38. Viewer means a person who accesses or browses the Markets or any of their content.
    39. Websites means www.australiatastingroom.com and www.buythebox.co.
    40. WET means Wine Equalisation Tax as defined within the GST Law.
    41. You/Your means you, the person accessing these websites and complying with these Terms and Conditions.
  6. Licence
    1. Unless otherwise stated, Australiatastingroom.com and Buythebox.co and/or their licensors own the intellectual property rights for all material on the websites. All intellectual property rights are reserved. You may access this intellectual property from the websites for your own personal use subject to restrictions set out in these Terms and Conditions.
  7. User Comments
    1. Certain parts of the websites offer the opportunity for users to post and exchange opinions and information. The Market Operator does not filter, edit, publish or review comments prior to their presence. Comments do not reflect the views of the Market Operator, agents, and/or affiliates.
    2. The Market Operator reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions.
  8. Hyperlinking to Our Content
    1. The following organizations may link to our Websites without prior written approval: Government agencies; search engines; news organizations; and online directory distributors in the same manner as they hyperlink to other listed businesses.
  9. Iframes
    1. Without prior approval and written permission, you may not create frames around our webpages that alter in any way the visual presentation or appearance of our Websites.
  10. Content Liability
    1. We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that arise on your Website.
  11. Privacy and Cookie Policy
    1. Cookies: We employ the use of cookies; by accessing the websites, you agree to cookies as per our Privacy Policy. Cookies help analyse web traffic and tailor operations to your preferences. You can accept/decline cookies via your browser; declining may limit functionality.
    2. Privacy: The Market Operator collects personally identifiable data (including via cookies/pixels/beacons). We comply with the Privacy Act 1988 (Cth) and, where relevant, EU Data Privacy Laws (GDPR). We may report data to AUSTRAC or other authorities. If we become aware of a data breach likely to result in serious harm, we will notify you per applicable law.
    3. Credit information: If you request credit, you consent to the Market Operator obtaining/exchanging information with credit providers/CRBs for assessment, default notifications, status, and creditworthiness (including repayment history). You consent to consumer credit reports to collect overdue payments on commercial credit.
    4. Use/retention: We may use retained personal credit information to provide services, verify credit/payment status, process payment instructions, and collect outstanding amounts.
    5. CRB information: We may give information to a CRB to obtain a consumer credit report or maintain a credit file about you, including personal information, provider details, credit type, application details, defaults/overdues, serious credit infringements, and amounts overdue ≥ $150.
    6. Your rights: You may request copies/corrections of personal information and ask us not to use it for direct marketing. We destroy personal information upon request unless required by law or contract. Complaints may be made to us and, if unresolved, to the OAIC.
    7. What we collect: Name; contact info (including email); demographic info (postcode, preferences, interests); and other information relevant to surveys/offers.
    8. What we do with it: Internal record keeping; product/service improvement; promotional emails (opt-out available); market research; contact via various platforms; website customization.
    9. Security: We employ suitable physical, electronic and managerial procedures to safeguard information.
    10. Call recording: We may record telephone calls for quality, training, dispute resolution and compliance.
    11. Links to other websites: We are not responsible for the protection/privacy of information you provide to third-party sites; review their privacy policies.
    12. Controlling your personal information: Opt-out boxes may be present on forms; you may later opt out via accounts@mulholland.com.au. We do not sell/distribute/lease personal info to third parties unless permitted or required by law. You may request details of personal info held (a small fee may apply) by writing to: The Proper Officer, Mullholland Pty Ltd, Level 2/100 Cubitt Street, Cremorne VIC 3121, Australia. We may update this policy from time to time.
  12. Reservation & Removal of Links; Disclaimer
    1. We reserve the right to request removal of links to our Websites; you agree to remove such links immediately upon request. If you find any link on our Websites offensive, contact us; we will consider but are not obligated to remove it.
    2. To the maximum extent permitted by law, we exclude all representations, warranties, and conditions relating to our Websites and their use.
  13. Becoming a Buyer
    1. You may purchase as a registered Buyer or as a guest. Business Buyers must provide tax/business registration identifiers. Registration may be approved/rejected/cancelled at our discretion.
  14. Becoming a Seller & Listing Goods
    1. Sellers must register and provide requested information (including tax/business ID). Approval is at our discretion.
    2. Goods must be packaged food and beverage products and associated products.
    3. Where Goods have a use-by/best-before/expiry date, they must have at least 14 days until expiry at delivery unless otherwise stated in the listing.
    4. For perishable Goods requiring temperature control where non-controlled carriage is selected/allowed, the Seller is responsible for packing to maintain temperature and indemnifies the Market Operator and transport provider for related claims.
    5. Sellers must ensure compliance with the Food Standards Code and all applicable labelling and other laws (for Australia and any destination country accepted).
    6. Sellers are responsible for costs arising from inaccurate/incomplete documentation.
    7. On safety risks/recalls, Sellers must immediately notify the Market Operator, delist affected products, and contact affected Customers (in cooperation with the Market Operator where a facility/policy requires it).
    8. Terms of sale are those specified on the Markets and in these Terms; no additional/substitute terms unless specifically approved in writing by the Market Operator.
  15. Conducting a Transaction
    1. When a Buyer places and pays for an order and a Seller accepts it or fails to place it on cancel/hold within 24 hours, an agreement between the Market Operator and the Seller for the supply of those Goods (at the listed price less Authorised Deductions) comes into effect.
    2. Sellers may cancel an order after accepting it only if unable to fulfil it and must communicate cancellation immediately within our platform.
    3. Buyers may not cancel after placing an order. The Market Operator may cancel at its discretion in certain circumstances (e.g., Logistics Services cannot be performed).
    4. Subject to Logistics Services Terms and Force Majeure, Sellers must ensure Buyers receive Goods within the listing’s delivery timeframe.
    5. Buyers are bound by these terms upon placing an order or accepting delivery. Inconsistencies with prior documents are resolved in favour of these Terms. Amendments require written consent of both parties. If supply exceeds credit limits/payment terms, delivery may be refused.
  16. Fees
    1. Sellers must pay the agreed Transaction Fees; if none are agreed, default Market fees apply. Fees may be varied on 30 days’ notice (to the email on the Seller profile).
  17. Errors & Omissions
    1. The Market Operator accepts no liability for inadvertent errors/omissions in forming/administering the Contract or in supplied literature. Such errors/omissions not due to negligence/wilful misconduct do not repudiate/invalidate the Contract.
  18. Fair & Acceptable Use
    1. Use the Markets only for their intended purpose (facilitating sales via the Markets’ own sale and payment mechanisms).
    2. No diverting parties off-platform for transactions first initiated via the Markets/Market Operator’s activities.
    3. We may delist any listing at any time for reasons including suspected IP infringement, contractual breaches, offensive/defamatory content, or potential disrepute.
    4. All dealings must be in good faith (no feedback manipulation or denigration). Listing appearance is not Market Operator approval.
  19. Market Availability
    1. No representation that the Markets will be online/available at any time. They rely on third-party infrastructure and may be suspended/terminated/modified at any time.
  20. Intellectual Property
    1. IP in the Markets and related materials vests in the Market Operator (as between Buyer/Seller/Market Operator). Do not claim ownership, imitate distinctive functions/design elements, or publish Market content elsewhere.
    2. Each Seller grants the Market Operator a worldwide, irrevocable, royalty-free licence to use IP associated with products sold for operating/promoting the Markets.
    3. Each Seller indemnifies the Market Operator against IP infringement Claims related to its listings.
  21. Price & Payment
    1. Price: At the Market Operator’s discretion, the Price (less Authorised Deductions) shall be (a) as advised; or (b) as at delivery date per current price list; or (c) per quotation (subject to clause 31.1b).
    2. The Market Operator may change the Price for variations requested or due to supplier/government/tax/levy changes outside its control. No set-off/deduction by you for sums owed/claimed; no withholding for disputes.
    3. Where Goods/Logistics are supplied, you accept responsibility for suitability of purpose and inherent faults.
    4. Payments to Sellers: Sellers accept ATO-compliant RCTIs for each order and Authorised Deductions. The Market Operator remits invoices within agreed timeframes (timeframes may change on 30 days’ notice to Seller profile email).
  22. Complaints, Disputes, Returns & Payment Reversals
    1. Complaints must be advised immediately to the Market Operator. The Market Operator may appoint itself to determine whether a complaint is warranted (not as arbitrator) considering transaction size, party nature, and Market reputation.
    2. Returns Policy: Defective Goods accepted by the Market Operator/Seller may be returned and replaced free of charge or credited for the invoiced value (excludes labour/transport/material costs). Goods with a major fault/defect may be returned for a full refund including handling and delivery fees. Returns require written authorisation.
  23. Logistics Services
    1. On 30 days’ written notice the Market Operator may require Sellers to use Market Operator Logistics Services. Customers may request such services on 30 days’ notice to support@getfreighted.com.au. Such services are under the Market Operator’s Freight Forwarding Terms and Conditions.
    2. The Market Operator acts as freight forwarder/agent (not a common carrier); Logistics Services are governed solely by these Terms and the Freight Forwarding Terms and Conditions. Compliance with Licences and laws may require disclosures to Government Authorities (Reporting Obligations). No liability to Customer for complying; the Customer indemnifies the Market Operator for costs arising from Reporting Obligations.
    3. CoR: The Market Operator is committed to HVNL safety and may refuse directives that would create breaches; may treat/deal with Goods as directed/required by the Department of Agriculture for biosecurity risks.
    4. Sub-contracting: The Market Operator may contract as principal or agent with Sub-contractors on their terms, including further sub-contracting.
    5. Brokerage/commissions customary to forwarding/insurance may be retained. Charging may be by weight/measurement/value; re-weigh/measure/value may be requested with additional fees.
    6. Quotations are subject to withdrawal/revision; valid only for specified weights/volumes/services. Changes in rates/premiums/fees or law/government requirements may adjust fees (with or without notice if impracticable).
    7. GST applies per GST Law; Customer pays GST in addition to GST-exclusive consideration and receives a Tax Invoice. Currency: AUD; conversion premium may apply. Late payments may accrue interest (NAB business overdraft reference rate) and recovery costs; set-off rights apply in favour of the Market Operator.
    8. Lien: Special/general lien over Assets for Fees and any Debts, including costs of sale and legal fees; lien survives delivery; the Market Operator may sell as principal and retain proceeds.
  24. Personal Property Securities
    1. The Market Operator has a Security Interest over Assets in its possession; the Customer consents to PPSA registration/perfection.
    2. The Customer warrants rights in the Assets/power to transfer and must sign the Authority (or adopt by conduct). No other Authority or Security Interest or Excluded Interest may be granted/allowed.
    3. To the extent permitted by law, the Customer waives PPSA rights to certain notices/statements, redemption, reinstatement, and verification statements.
    4. The Customer must do all things reasonably required to perfect/enforce the Security Interest and notify of Insolvency Events; 14 days’ notice is required before changing name/details.
  25. Operational Parameters
    1. The Market Operator may refuse deliveries at will. Sellers must make Goods available promptly in appropriate packaging at the agreed location/time window; failure may incur additional costs (recollection/re-shipment).
    2. Where temperature range is agreed, Sellers must provide Goods within that range and ensure prior storage/transport compliance.
    3. Packages must be clearly labelled (name/address and package count). Size/weight must meet agreed limits.
    4. Liability for Logistics Services is limited to re-performance or cost of re-performance; common-law bailee duties are excluded; reasonable industry-standard care applies.
    5. Sellers may insure Goods until delivery (optional). If Buyer unavailable at delivery, additional costs (re-delivery/storage/re-shipment) may be charged to the Buyer.
    6. Sellers must pay fees specified by the Market Operator; fees may change on 30 days’ notice by email to profile address.
  26. Risk
    1. All risk for Goods passes to the Buyer immediately on placing an Order. Delivery is deemed to occur when Goods are delivered to the nominated address.
  27. Liability
    1. The Market Operator accepts no liability for the quality or safety of Goods sold, the applicability of consumer laws in any jurisdiction, or credit card fraud; Customers release the Market Operator from Claims relating to those matters.
    2. Each Seller indemnifies the Market Operator for Claims arising from defects/delays/failures to deliver, breaches of these Terms, or communications/content uploaded by the Seller.
    3. The Market Operator is not liable for indirect, special, or consequential loss (including loss of profits, revenue, goodwill, production, or business interruption) in connection with the Markets, Logistics Services, or ancillary services.
  28. GST & WET
    1. The Market Operator reflects Sellers’ nominated GST/WET settings for listed Goods. Transaction and Logistics fees are GST-exclusive; Sellers must pay GST payable by the Market Operator on Logistics Services at the prevailing rate and will receive a valid tax invoice.
  29. Compliance with Laws
    1. You must comply with all applicable statutes, regulations and bylaws of government, local and other public authorities relevant to the Goods.
  30. Interpretation & Governing Law
    1. These terms and any transactions between the Market Operator and Buyers/Sellers/Viewers are governed by the laws of Victoria, Australia, and parties submit to that jurisdiction. Singular includes plural and vice versa; “includes” is not limiting; terms are not construed against a party because it prepared them.
  31. Service of Notices
    1. Any written notice given by us is deemed given/received if sent by email to your last known email address.