Website Terms & Conditions Of Use
1. About the Website
(a) Welcome to www.bottleswap.com.au (Website). The Website facilitates interactions between:
(i) BottleSwap providing services (Provider); and
(ii) Customer receiving services (Receiver),
making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (Services).
(b)The Website is operated by BottleSwap. Access to and use of the Website, or any of its associated products or Services, is provided by BottleSwap. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
(c) BottleSwap reserves the right to review and change any of the Terms by updating this page at its sole discretion. When BottleSwap updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, were commend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by BottleSwap in the user interface.
3. The Services
(a) In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (Account).
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(vi) Proof of age 18+
(c) You warrant that any information you give to BottleSwap in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with BottleSwap; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(f) 1. Appointment of Agent and Licence Compliance
• 1.1 The Relationship: The Consignor (the user listing the bottle) appoints the Platform (BottleSwap) as its exclusive agent to sell the consigned liquor on their behalf.
• 1.2 Licence Holder: All sales are processed under the Platform’s Victorian RemoteSeller’s Liquor Licence [36314300].
• 1.3 Title of Goods: Legal title and ownership of the goods remain with the Consignor until the item is sold to a Buyer, at which point title transfers directly from the Consignor to the Buyer.
2. Consignor Warranties (The Seller’s Promise)
The Consignor warrants and represents that:
• 2.1 Age: They are at least 18 years of age.
• 2.2 Ownership: They are the legal and beneficial owner of the liquor, and the goods are free from all liens, claims, or encumbrances.
• 2.3 Condition & Provenance: The liquor is authentic, sealed, unadulterated, and contains at least its original volume.
• 2.4 Storage: The bottle has been stored in a climate-controlled, dark, and appropriate environment. The Consignor must declare any damage to labels, seals, or boxes.
3. Pricing and the Marketplace Rules
• 3.1 General Inventory (Standard Capping): For standard, commercially available bottles, the Platform reserves the right to cap the listing price below the current Recommended Retail Price (RRP) of major Australian liquor retailers.
• 3.2 Collector Inventory (The Vault): If a bottle is accepted into the curated “Collector”section, pricing will be agreed upon by both the Consignor and the Platform based on fair market value.
• 3.3 Price Adjustments: If an item does not sell within [e.g., 30 days], the Platform reserves the right to request a price drop or return the bottle to the Consignor.
4. Payouts and Fees
• 4.1 Platform Fee: The Platform will deduct a commission of 15% (INC GST) from the final sold price for items over $40 and 10% for items sold over $100. A flat fee of $4 for any swap and $4 for any item up to $40.
• 4.2 Payout Timeline: Funds will be remitted to the Consignor’s nominated Australian bank account within [e.g., 7 to 14 days] after successful delivery to the Buyer and the expiration of any buyer-return windows.
5. Custody, Risk, and Shipping
• 5.1 Inbound Shipping (Consignor to Platform): The Consignor bears the cost and risk of breakage when shipping the bottle to the Platform’s designated Victorian red-line holding facility.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BottleSwap of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of BottleSwap;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation maybe removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by BottleSwap for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
(m) you agree to use the Website and its Services only for lawful purposes and in accordance with these Terms, and you will not engage in any activity that interferes with or disrupts theWebsite or its Services.
(n) you will not engage in fraudulent conduct, including misrepresenting services, providing false information about qualifications or product quality, or engaging in deceptive pricing practices.
5. Using the Website as the Receiver
1. User Eligibility Minimum Age: Use of the BottleSwap platform is strictly limited to individuals who are eighteen (18) years of age or older. By using this service, you warrant that you meet this minimum age requirement. 2. Product Requirements (Alcoholic Beverages) The following mandatory conditions apply to all alcoholic beverages listed for sale, swap, or trade (“Products”) on the BottleSwap platform: Condition of Seal/Closure: All Products must be in their original, unopened condition. The bottle, container, or primary packaging must possess an unbroken, intact seal or, if applicable, the original cork must remain undisturbed and fully seated. Original Label: All Products must retain the original manufacturer’s label in a legible and untampered state. Integrity and Modification: The contents of the Product must not be tampered with, modified, altered, or contaminated in any manner from its original manufactured state. 3. Transaction Requirements Exclusive Platform Use: All financial transactions, agreements for swap, sale, or purchase, and finalisation of trades relating to the Products must be conducted exclusively through the official BottleSwap website platform. Any transactions concluded outside of the website may void any guarantees or support provided by BottleSwap and are conducted at the users’ sole risk.
6. Using the Website as the Provider
1. Description of Services BottleSwap provides an exclusive online platform (the “Platform”) facilitating transactions involving alcoholic beverages between eligible consumers. Specifically, the Platform offers the following core functionalities to registered users who meet the minimum age requirement of eighteen (18) years: Listing and Offer: Users are provided the opportunity to list, advertise, and offer for sale or trade (swap) alcoholic beverages that are surplus, unwanted, or held in excess of their personal needs. Procurement and Purchase: Users may browse, review, and enter into transactions to purchase alcoholic beverages listed by other users through thePlatform. Swap/Trade Facilitation: The Platform enables users to negotiate and execute non-monetary exchanges (swaps or trades) of eligible alcoholic beverages. BottleSwap acts solely asa facilitator to connect willing buyers, sellers, and swappers, and does not take ownership of the listed products unless explicitly stated.
7. Payment
(a) By BottleSwap offering the Services to you, you agree that:
1. Fixed Transaction Fees (Sales and Swaps)Transaction Fixed Fee (Inclusive ofGST)Sale Transaction Single bottle up to 700ml (volume) $4. A variable margin is applied to the final sale price of the alcoholic beverage(s) in addition to the amount payable to the seller. Sale value not exceeding $40.00 15% of the sale value. Sale value exceeding$100.00 10% of the sale value. Tax Clause. All fees and margins stipulated within theseTerms and Conditions are inclusive of the prevailing Goods and Services Tax (GST), where applicable.
(b) All payments made in the course of your use of the Services are made using StripePayments. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe Payments terms and conditions which are available on their website.
8. Refund Policy
(a) All Providers agree to comply with the Australian Consumer Law. Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
(b) Since BottleSwap is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, BottleSwap does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
(c) Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then BottleSwap requires the Receiver to:
(i) contact the Provider directly to request a refund; and
(ii) if contacting the Provider is not successful after fourteen (14) days, contact BottleSwap through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
(d) If contacted by a Receiver who is requesting a refund pursuant to the above clause, theProvider agrees that it will immediately:
(i) complete the BottleSwap refund request form (Request Form) provided atwww.bottleswap.com.au and
(ii) provide both the Request Form and the email from the Receiver requesting the refund to BottleSwap.
(iii) provide a detailed explanation of the circumstances leading to the refund request, including any relevant documentation including photographs or evidence to support the claim.
(e) If the Provider agrees to a refund it is acknowledged that the Provider will instruct BottleSwap to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by BottleSwap in processing the refund.
(f) Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this clause of these Terms.
9. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of BottleSwap are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by BottleSwap or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by BottleSwap, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
BottleSwap does not grant you any other rights whatsoever in relation to the Website or theServices. All other rights are expressly reserved by BottleSwap.
(c) BottleSwap retains all rights, title and interest in and to the Website and all relatedServices. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
(d) You may not, without the prior written permission of BottleSwap and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(e) Where you broadcast, publish, upload, transmit, post or distribute Your Content on theWebsite, then you grant to BottleSwap a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
(f) You retain all ownership rights in Your Content and may request removal of Your Content by providing written notice to BottleSwap. BottleSwap will not transfer or sublicense the rights granted under clause 9.e to third parties without your prior written consent, except where necessary to operate the Website or comply with legal obligations.
10. Privacy
BottleSwap takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to BottleSwap’s Privacy Policy, which is available on the Website.
11. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) BottleSwap will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and theServices is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of BottleSwap make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of BottleSwap) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure tocorrect defects, delay in operation or transmission, computer virus or other harmfulcomponent, loss of data, communication line failure, unlawful third party conduct, ortheft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of BottleSwap; and
(iv) the Services or operation in respect to links which are provided for your convenience.
(d) You acknowledge that BottleSwap Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and BottleSwap holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
(e) Not withstanding clause 11.d, BottleSwap maintains responsibility for: (a) implementing and maintaining reasonable security measures to protect Your Content and payment information; (b) investigating reported fraud, misconduct or Terms violations and taking appropriate action including Member suspension or removal; (c) ensuring payment system integrity through compliance with Stripe’s security standards; and (d) any loss directly caused by BottleSwap’s negligence or breach of its security obligations under these Terms.
12. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of BottleSwap. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, BottleSwap will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
13. Limitation of Liability
(a) BottleSwap’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that BottleSwap, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that BottleSwap holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you asa result of providing Your Content to the Website.
(d) Product Condition & Liability Waiver
Inspection and Authenticity: While BottleSwap employs rigorous inspection protocols to identify signs of tampering or seal compromise, we only accept bottles that appear unopened and factory-sealed.
Nature of Preowned Goods: By using this platform, you acknowledge and agree to the following:
• Internal Contents: Because all items are received and inspected in an unopened state, we cannot verify or guarantee the liquid’s quality, taste, or chemical composition.
• Assumption of Risk: All purchases or swaps are made at the user’s own risk. BottleSwap expressly disclaims any warranty, express or implied, regarding the contents of the bottle.
• Limitation of Liability: BottleSwap shall not be held liable for any discrepancies between the bottle’s label and its internal contents, nor for any health issues arising from the consumption of products traded on the marketplace.
Product Integrity & Buyer Risk We do our absolute best to spot tampered bottles. We only accept items that are factory-sealed and appear unopened. However, because we do not open the bottles to inspect the liquid inside, we cannot guarantee the quality or authenticity of the contents. By purchasing or swapping, you accept that you are acquiring a preowned item at your own risk. BottleSwap is not responsible for the condition of the liquid once the seal is broken.
14. Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing BottleSwap with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to BottleSwap via the ‘Contact Us’ link on our homepage.
(b) BottleSwap may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) BottleSwap is required to do so by law;
(iii) BottleSwap is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(iv) the provision of the Services to you by BottleSwap is, in the opinion of BottleSwap, no longer commercially viable.
(c) Subject to local applicable laws, BottleSwap reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts BottleSwap’s name or reputation or violates the rights of those of another party.
(d) Upon termination or suspension under clause 14.c, BottleSwap will provide you with [14] days’ access to retrieve your personal data and will process any outstanding refunds within [30] days, except where termination results from fraud, illegal activity, or payment system abuse.
(e) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and BottleSwap have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply tosuch rights, obligations and liabilities indefinitely.
15. Indemnity
(a) You agree to indemnify BottleSwap, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of orin connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
16. Dispute Resolution
16.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence anyTribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
16.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired out come and the action required to settle the Dispute.
16.3. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association ;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
16.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
16.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute hasnot been resolved, either Party may ask the mediator to terminate the mediation and themediator must do so.
16.6. Continuation of Obligations:
Despite the existence of a Dispute, the Parties must continue to perform their respective obligations under the Terms except where those obligations are the subject of the Dispute and performance would cause unreasonable prejudice to either Party.
17. Venue and Jurisdiction
The Services offered by Bottleswap are intended to be used by residents of Australia. In the eventof any dispute arising out of or in relation to the Website, you agree that the exclusive venue forresolving any dispute shall be in the courts of Victoria, Australia.
18. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
20. Responsible Service of Alcohol
WARNING: Under the Liquor Control Reform Act 1998 it is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $19,000), For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $900).
BottleSwap licence number 36314100