MIDNIGHT COWBOY TERMS & CONDITIONS
By placing an order with Midnight Cowboy, you automatically accept the Midnight Cowboy terms and conditions (on this page) Please read all terms and conditions on this page to familiarise yourself.
Midnight Cowboy operates a West Australian liquor licence number: 609222991425. The licence is classified as Special Facility Licence: Online Wine Sales.
AGE RESTRICTIONS ON ALCOHOL
Under the Liquor Control Act 1988, administered by the West Australian Department of Liquor and Gaming, it is against the law to sell, supply, or obtain on behalf of, liquor to a person under the age of 18. Midnight Cowboy refuses to sell alcohol to anyone under the age of 18 and will not sell alcohol to anyone they believe is supplying alcohol to persons under the age of 18.
By placing your order, you confirm that the recipient is over 18 years old. Midnight Cowboy reserve the right to request identification prior to and/or upon delivery of your product. Midnight Cowboy is legally required to request your date of birth when you place an order—this is mandated under Western Australian law. This information is collected solely for legal compliance. Upon delivery, the courier will verify your ID, and wine cannot be delivered if you are unable to prove you are of legal drinking age.
LIQUOR RESTRICTION ZONES OR DRY ZONES
Midnight Cowboy will not deliver to any area that is a dry zone, or liquor restricted zone, under Australian law.
ORDERS
Midnight Cowboy reserves the right to refuse any order that is placed on its website. This might be, for example, because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
In the case that or an order is refused, we will contact you to offer a full refund on any monies paid to Midnight Cowboy. If you have not yet made payment, you will not be charged.
Prices for our products are subject to change without notice. Although we endeavour to ensure that all pricing information on our website is accurate occasionally an error may occur, and products may be incorrectly priced. If a product you have ordered is listed at an incorrect price, we will contact you by telephone or email before despatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. You will have the option of receiving a full refund, or receiving a product of equal or greater price, if the product you ordered is no longer available.
We reserve the right to limit the quantities of any products that we sell. When making a purchase at our online store, you agree to provide current and accurate information.
We reserve the right to refuse to accept your order or to restrict your ability to purchase our products on a temporary or permanent basis, for any reason. Examples include stock being unavailable, the need to ensure fair distribution of wines that are in limited supply, and/or instances where we consider that you are purchasing in such a way that is harmful, to yourself or others.
CONTENT
We try to keep all content accurate and up to date. Occasionally, through fluctuating prices, changes of vintages, or any other reason, there may be an error, inaccuracy or omission in the content or pricing on our website. If there is any error in content on our website, we will rectify the error as soon as possible, but are not liable for any errors.
PROMOTIONS
We reserve the right to discontinue promotions, or specials, without notice on our website.
CURRENCY
All currency used on Midnight Cowboy Website is in Australian Dollars.
DELIVERY
We deliver anywhere in Australia. Below, approximates delivery times:
- Metro Perth
- Regional Western Australia
- Adelaide and regional SA
- Melbourne and regional Vic
- Sydney and regional NSW
- Brisbane and regional QLD
- Tasmania and N.T
- 1-2 Days
- 2-4 Days
- 3-4 Days
- 4-5 Days
- 4-5 Days
- 5-7 Days
- 5-7 Days
- By Midnight Cowboy
- By Courier
- By Australia Post
- By Australia Post
- By Australia Post
- By Australia Post
- By Australia Post
DELIVERY COSTS
Free shipping for orders over $150 (rest of Australia). $12 Shipping for orders under $100 (Perth Metro). $15-$20 shipping cost anywhere in Australia for orders under $150. Perth Metro is defined as being as far south as Safety Bay, as far Southeast as Armadale, as far East as Kalamunda, as far North East as Ellenbrook, and as far North as Alkimos.
Products ordered that are valued at more than $800 will require a signature.
INSURANCE
Midnight Cowboy has its own insurance which covers packages that are lost, damaged, or stolen during transit. Coverage is from checkout until when our products are delivered. Our insurance does not cover the time after a product is delivered when registered as “Authority to Leave”.
CANCELLATIONS
Customers can cancel their order up to 7 days from when it was placed. If you do cancel your order, please let us know as soon as possible. If your product has been delivered, we will arrange for it to be picked up. Please store the product in its original condition.
OVERSEAS DELIVERIES
We can only sell and deliver our products within Australia. We cannot sell our products outside Australia.
DAMAGED DELIVERIES
Sometimes a courier will make a mistake and a bottle of wine will be damaged. If this is the case, please take a photo and email it to sullivan@midnightcowboy.com.au. We will sort out a refund or replacement for you.
ERROR IN DELIVERY
If we have made an error, please contact us and we will arrange for the items to be returned, or a refund to be implemented.
REFUNDS
All refunds will be processed within 14 days.
RISKS, WARNINGS, AND STORAGE CONDITIONS
Please be aware of the following risks and important guidelines regarding our products:
— Alcohol Consumption: Always drink responsibly and in moderation.
— Handling: A case of wine can be heavy—please lift with care. If the weight is a concern, we recommend moving one or two bottles at a time.
— Spillage Risk: Red wine can cause permanent stains if spilled. Take extra care when handling open bottles.
— Sparkling Wines & Champagne: These products may be under pressure due to carbonation and can be unpredictable when opened. Open with caution.
— Storage Guidelines: Proper storage is essential to preserve the quality of the wine. Bottles should be stored horizontally, in a cool, stable environment away from direct light.
FORCE MAJEURE
We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event which is outside of our control (for example, an act of God, governmental act, war, adverse weather conditions including snow, flood, fire, cyclone or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure.
COPYRIGHT
All current and future intellectual property rights — including copyright, design rights (registered and unregistered), database rights and any similar rights — in and relating to this website and its content (including text, graphics, logos, banners, images, buttons, source code, and software) are owned by Midnight Cowboy.
You may not sell, copy, reproduce, duplicate, transmit, or display any content from our website for any purpose other than personal use or placing an order, unless you have our prior written permission.
PRIVACY POLICY
“Please refer to our privacy policy on our website.
PRODUCT AVAILABILITY
You will have the option of receiving a full refund, or receiving a product of equal or greater price, if the product you ordered is no longer available.
WINE CLUB.
We will always notify you approximately 2 weeks before your next case is due to arrive, to allow time for you to change your delivery address, skip an upcoming delivery cancel your plan, or change the contents of what is being delivered. You can skip an upcoming delivery however many times you wish, and you can cancel at any time.
VOUCHERS
Vouchers will be valid for 24 months from the date they were issued.
PASSWORD SECURITY
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. We are not liable for any loss or damage arising from your failure to comply with these password security obligations. You are solely responsible for all activity that occurs under your account. We encourage you to change your password on a regular basis.
We implement reasonable administrative measures to protect your account and personal data. However, no method of transmission over the Internet or method of electronic storage is 100% secure.
LIQUOR LAWS BY STATE
NSW
New South Wales Liquor 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.
VICTORIA
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 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.
SOUTH AUSTRALIA
Liquor Licensing Act 1997, Section 113. Liquor must NOT be supplied to persons under 18.
QUEENSLAND
Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years.
WESTERN AUSTRALIA
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.