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Terms & Conditions
Terms and Conditions for the Supply of Good and/or Services to
Australian Distilling Co Pty Ltd
(ABN 21 621 832 826)
1. (Introduction) These Terms apply to every supply of Products and/or Services by a Contractor (you, your) to Australian Distilling Co Pty Ltd (ABN 21 621 832 826) (South Australian liquor licence number: 51409809) (Australian Distilling Co, we, us or our) and will be incorporated by reference, deemed part of, and govern all Contracts and Purchase Orders placed by us and accepted by you (in accordance with these Terms). If you do not agree with these Terms or any amendments to these Terms, you may choose to reject the Purchase Order in accordance with clause 6, or contact us to request variations.
2. (Amendment) We reserve the right to review and amend these Terms at any time by publishing such amended Terms on our website (www.australiandistillingco.com.au). We will notify you if amended Terms have been published on our website. Any amendments to these Terms will apply to Purchase Orders we submit 10 Business Days after the date we notify you. By continuing to accept Purchase Orders on and from that date you agree to the Terms, as amended.
3. (Other terms) The parties acknowledge that these terms operate to the exclusion of all other terms and conditions proposed or notified by the Contractor, irrespective of whether the Contractor’s terms and conditions were proposed or notified prior to or after the relevant Products and/or Services were supplied. Each Purchase Order submitted by us and Contract formed incorporates, and is subject to, these Terms notwithstanding anything to the contrary in any of your documentation.
4. (Purchase Order) Australian Distilling Co will order the Products and/or Services by submitting a Purchase Order. Subject to clause 6, the Contractor is responsible for ensuring that it can satisfy the Purchase Order.
5. (Contract formation) A separate contract (Contract) between you and us, for the sale by you and the purchase by us of the relevant Products and/or Services is entered into when you accept or are deemed to have accepted a Purchase Order under these Terms. Each such Contract is comprised of these Terms and the relevant accepted Purchase Order. In the event of any inconsistency between these Terms and the terms of an accepted Purchase Order, the Purchase Order will prevail to the extent of the inconsistency.
6. (Authority and acceptance) Australian Distilling Co will not be bound by any Purchase Order unless it is issued by or on behalf of Australian Distilling Co. When Australian Distilling Co issues a Purchase Order, the Contractor must accept or reject that Purchase Order by notice to us within such time period reasonably specified by Australian Distilling Co or, if no time period is specified, within 10 Business Days. The supply of Products and/or Services by the Contractor also constitutes deemed acceptance by the Contractor of the Purchase Order relating to those Products and/or Services and these Terms. We may withdraw a Purchase Order at any time before you notify us of its acceptance.
7. (Supply of Products and/or Services) The Contractor must ensure that:
7.1 all Products are: new; of merchantable quality; made of good materials; free from defects and contamination; not derived from any genetically modified organism; and compliant with all relevant codes and standards;
7.2 in the case of perishable Products:
7.2.1 all perishable Products must be marked with appropriate use-by dates and lot/batch codes; and
7.2.2 the Contractor must maintain records of the Products that enables both the Contractor and us to trace the source of each Product or the batch from which the Products were prepared;
7.3 all Products are fit for the purpose for:
7.3.1 which the products of the same kind are commonly supplied;
7.3.2 any purpose which Australian Distilling Co makes known to the Contractor; and
7.3.3 are accompanied by any necessary instructions, technical documents, operating and service manuals and applicable warranties;
7.4 it performs the Services in a timely manner, safely and with all necessary skill, care and diligence to the reasonable satisfaction of Australian Distilling Co;
7.5 it performs its obligations in accordance with:
7.5.1 these Terms, the relevant Purchase Order and all reasonable requests of Australian Distilling Co;
7.5.2 all applicable laws, rules, regulations and industry and safety standards; and
7.5.3 all reasonable policies and procedures notified by Australian Distilling Co from time to time, including but not limited to safety, health and environment policies and any site-specific policies and procedures. Without limiting this clause 7.5.3, the Contractor must ensure that it fully complies with its legal obligations (including under work health and safety laws) in respect of the management of risks associated with COVID-19 in relation to the supply of the Goods and/or Services.
7.6 all necessary permits and approvals are obtained to undertake all duties and obligations under these Terms, prior to the commencement of works subject of the Purchase Order;
7.7 it provides all necessary equipment, materials and labour that may be required to supply the Products and/or Services; and
7.8 the Products are delivered in the quantity, at the time and to the site or delivery point:
7.8.1 specified by Australian Distilling Co in the Purchase Order; or
7.8.2 in accordance with any reasonable instructions notified by Australian Distilling Co,
and the Contractor must ensure that the Products are protected against all damage and deterioration during transportation.
8. (Title and risk) Subject to clause 16 (Inspection and acceptance of Products), the Products remain at the Contractor’s risk until title passes to Australian Distilling Co. Title to and risk in the Products passes to Australian Distilling Co when Australian Distilling Co has taken delivery of the Products at the site or delivery point specified or notified by Australian Distilling Co in the Purchase Order or as otherwise agreed. The Contractor warrants to Australian Distilling Co and undertakes that immediately prior to delivery of the Products, the Products:
8.1 are owned by the Contractor; and
8.2 are free from any Encumbrance which may affect the Contractor obtaining clear and unimpeded title to the Products.
9. (Delivery) The Contractor must supply the Products and/or Services to the delivery address and on or before the delivery date specified in the Purchase Order. If Australian Distilling Co specifies, in respect of a Purchase Order for Products, that it will pick-up the Products from the Contractor, then the Contractor must make available the Products for collection at the time and place nominated by Australian Distilling Co in the Purchase Order or as otherwise agreed.
10. (Delays in delivery) If Australian Distilling Co does not receive the Products and/or Services in accordance with clause 9 (Delivery), including without limitation as a result of events of force majeure or otherwise, the Contractor must promptly notify Australian Distilling Co in writing of the anticipated extent and duration of its inability to supply. Notwithstanding any other provision of these Terms, if you fail to deliver the Products and/or Services by the delivery date specified, we may immediately cancel the Purchase Order or any part thereof without prejudice to any other rights, remedies or powers available to us and we may return any part deliveries to you at your cost. You will be liable for and agree to keep us harmless from and indemnify us against any loss, damage, injury, penalties, costs and expenses arising directly or indirectly from any delay in supply, except to the extent that we caused or contributed to the delay.
11. (Failure to accept delivery) If Australian Distilling Co cannot take delivery of the Products and/or Services and provides the Contractor notice of this before the Contractor has arranged for the Products and/or Services to be delivered, then, on and from that time, the Contractor is responsible for the storage, package and handling of those Products until such time that Australian Distilling Co is able to take delivery of the Products and/or Services, Australian Distilling Co will reimburse the Contractor for reasonable additional costs it incurs in arranging delivery of the Products and/or Services, and in storing the Products. Provided that such costs have been approved in writing by Australian Distilling Co (which approval will not be unreasonably withheld).
12. (Contractor’s personnel) The Contractor must ensure that the Contractor’s personnel engaged in the supply of the Products and/or Services are competent and professional, with appropriate qualification and experience and perform their duties with care, skill and diligence. If Australian Distilling Co gives reasonable notice to the Contractor that a member of the Contractor’s personnel is unacceptable to Australian Distilling Co (acting reasonably), the Contractor must take immediate steps to remove the person and provide an alternative person who is acceptable to Australian Distilling Co (acting reasonably) and consistent with these Terms.
13. (Contractor’s equipment) The Contractor must ensure that all equipment used in providing the Products and/or Services is fit for the purpose for which it is intended and complies with all relevant laws and industry and safety standards.
14. (Reporting) The Contractor must keep accurate records relating to the provision of the Products and/or Services and it must make such records available for inspection or verification by Australian Distilling Co on the reasonable request of Australian Distilling Co.
15. (Access and testing) You will provide us access to your premises at all reasonable times with prior reasonable notice to allow us to undertake an inspection of the premises and take samples of the Products for independent testing. You will also promptly deliver to us any samples of Products we request. In the event that any testing we conduct discloses that the Products do not meet requirements of these Terms, we may at our election reject the Products.
16. (Inspection and acceptance of Products) Australian Distilling Co will not be deemed to have accepted the Products until it has had a reasonable time to inspect the Products. If, on inspection, Australian Distilling Co finds that any Products are defective in design, performance or workmanship or because they do not, in any material respect, meet Australian Distilling Co’s specifications, Australian Distilling Co may reject those Products by either:
16.1 returning them to the Contractor; or
16.2 notifying the Contractor that it must promptly collect the Products from Australian Distilling Co,
at the Contractor’s cost. At Australian Distilling Co’s option and request, the Contractor must refund to Australian Distilling Co any payments made by Australian Distilling Co in respect of any defective Products that Australian Distilling Co rejects, or replace free of charge any defective Products that Australian Distilling Co rejects. For the avoidance of doubt, no payment of any Price or any part thereof shall constitute a waiver of any rights or claims, which we may have arising out of or connected with any inspection.
17. (Invoicing and payment of Price):
17.1 Australian Distilling Co will pay the Contractor the Price for the supply of the Products and/or Services within thirty (30) days of the end of the month which Australian Distilling Co receives a valid tax invoice for the Products and/or Services, subject to the satisfactory performance of the Contractor’s obligations under:
17.1.1 the Purchase Order;
17.1.2 these Terms; and
17.1.3 acceptance of the Products and/or Services by Australian Distilling Co, including under clause 16 (Inspection and acceptance of Products).
17.2 Subject to clause 11, the Price is the only amount we will pay for the Products and/or Services and is inclusive of:
17.2.1 all costs, taxes, fees, levies, charges and duties (including GST) and expenses; and
17.2.2 delivery, packaging and transport,
unless otherwise stated in the Purchase Order.
17.3 The Price will not vary except with the prior written approval of Australian Distilling Co. For the avoidance of doubt, acceptance of Products and/or Services by Australian Distilling Co after the Contractor has notified Australian Distilling Co of a proposed price variation is not of itself acceptance or approval by Australian Distilling Co of that price variation.
17.4 Upon termination by Australian Distilling Co (in accordance with these Terms), the Contractor will be paid any amount owing by Australian Distilling Co outstanding at the date of termination and:
17.4.1 that payment will constitute a final payment by Australian Distilling Co to the Contractor in respect of the relevant Contract; and
17.4.2 the Contractor will not be able to recover any subsequent amounts from Australian Distilling Co in connection with the supply contemplated by the relevant Contract and these Terms.
18. (Set off) A party may deduct from any amounts due the other party any amounts due from that other party.
19. (Product recall procedures) The Contractor agrees to be responsible for and coordinate (at its cost) all recalls of or associated with the Products and shall maintain a product recall procedure in respect of the Products in accordance with law and relevant industry and safety standards.
20. (Sub-contracting) The Contractor must not sub-contract any part of the supply of Products and/or Services without Australian Distilling Co’s written consent (which will not be unreasonably withheld).
21. (Confidentiality) The Contractor must not, and must ensure that its employees, agents and sub-contractors do not, without the prior written approval of Australian Distilling Co, at any time use, disclose or give to any person any Confidential Information. This clause 21 (Confidentiality) does not apply to Confidential Information that the Contractor proves is in the public domain other than as a result of a breach of these Terms or is required to be disclosed by any applicable law or the listing rules of any applicable stock exchange.
22. (Intellectual property) The Contractor assigns to Australian Distilling Co all Intellectual Property Rights that may be created by the Contractor or for the Contractor by any subcontractor or employee in the course of, or in connection with, the provision of the Services, effective immediately on the creation of any such Intellectual Property Rights. The Contractor must do all things necessary to ensure that Australian Distilling Co obtains all Intellectual Property Rights from any personnel of the Contractor. The Contractor agrees that in the course of or in connection with providing the Services, it will not do any act or thing which may infringe any Intellectual Property Rights of Australian Distilling Co, its Associated Entities or any third party.
23. (Insurance) The Contractor must, before commencing supply of the Products and/or Services, effect and maintain all insurances which would ordinarily be maintained by a prudent supplier of the Products and/or Services.
24. (Indemnity) Without limiting Australian Distilling Co’s other rights and remedies, the Contractor will indemnify and keep indemnified Australian Distilling Co, its agents, sub-contractors and Associated Entities and any employees of any of them from and against any damage, expense (including lawyers’ fees and expenses on an indemnity basis) or Claim made or incurred as a result of or in connection with:
24.1 the Contractor’s negligent act or omission or an act or omission of its employees, agents or sub-contractors;
24.2 personal injury, death or property loss or damage suffered by any person arising out of or in connection with the Products and/or Services supplied by the Contractor;
24.3 any infringement or alleged infringement of Intellectual Property Rights arising out of Australian Distilling Co’s use of Products and/or Services;
24.4 any fraud, dishonesty, misrepresentation or wilful default by you in connection with or in relation to the supply of the Products and/or Services; or
24.5 the Contractor’s breach of any Contract and/or these Terms (without a prior written waiver from Australian Distilling Co),
except to the extent caused or contributed to by the negligence, breach of these Terms or unlawful act of Australian Distilling Co, Associated Entities and any employees of any of them.
25. (Termination for convenience) A party may terminate a Contract and/or these Terms at any time by written notice of ten (10) Business Days to the other party.
26. (Termination for cause) If:
26.1 a party is in breach of its obligations under a Contract and/or the Terms; and
27.1.1 by written notice to the first party, the other party requires remedy of the default within 10 Business Days or any longer period the other party allows (Remedy Period); and
27.1.2 the first party is still in breach at the end of that Remedy Period;
26.2 a Distress Event occurs in respect of the Contractor; or
26.3 a representation or warranty made or deemed to be made by the first party is untrue or misleading,
then the other party may immediately by notice terminate the Contract and/or these Terms by notice in writing to the first party.
27. (No waiver) Failure by Australian Distilling Co to insist upon the strict performance of these Terms and/or a Purchase Order will not be deemed to be a waiver of rights that Australian Distilling Co may have and will not be deemed a waiver of any subsequent breach of these Terms or a relevant Purchase Order.
28. (Warranties) Each represents and warrants to the other party:
28.1 if it is a body corporate, it is duly incorporated and validly exists under the laws of its jurisdiction of incorporation;
28.2 it has full legal power and capacity to enter into this document and to carry out the transactions that this document contemplates;
28.3 it has taken all corporate action that is necessary or desirable to authorise its entry into this document and its carrying out the transactions that this document contemplates;
28.4 this document constitutes its legal, valid and binding obligations, enforceable against it in accordance with its terms (excepts to the extent limited by equitable principles and laws affecting creditors’ rights generally); and
28.5 it is not affected by a Distress Event.
29. (Notice)
29.1 Notices under these Terms must be in writing. All notice from you to us must be given by electronic mail to [email protected]. Notice from us to you can be given personally, by sending it by pre-paid mail to your last notified address or by email to your last notified email address.
29.2 Notice is deemed to be received by the addressee:
30.2.1 when left at the addressee’s address;
30.2.2 if sent by express post, on the sixth (6th) Business Day after posting; and
30.2.3 if sent by email, at the time and on the day shown in a sending machine’s transmission report which indicates that the whole email was sent to the addressee’s email address last notified (or if the day shown is not a Business Day or the time shown is after 5pm at the addressee’s location, at 9am on the next Business Day at the addressee’s location).
30. (Acknowledgement) The parties acknowledge that these Terms are subject to, do not purport to exclude, restrict or modify and do not have the effect of excluding, restricting or modifying, any laws which cannot be excluded, restricted or modified, and these Terms will be read and applied accordingly.
31. (Jurisdiction) Any provision of, or application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
32. (Actions) Each party must do all things necessary to carry out these Terms, each Contract and each Purchase Order, including executing documents and ensuring its employees and agents perform their obligations.
33. (Assignment) You may not assign (or otherwise dispose of) or sub-contract any of your rights and obligations in respect of a Contract or these Terms except with Australian Distilling Co’s written consent, which will not be unreasonably withheld.
34. (Relationship) Nothing in these Terms or a Contract evidences any employment relationship, partnership, joint venture or agency.
35. (Severance) A provision in these Terms must be read down to the extent necessary to be valid. If it cannot be read down to that extent, it must be severed.
36. (Governing law) These Terms are governed by the laws of South Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia and the South Australian division of the Federal Court of Australia and the courts of appeal from them. No party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
37. (Interpretation) In these Terms: headings do not affect interpretation; singular includes plural and plural includes singular; reference to a person includes a body corporate, partnership, association and any other entity; a reference to a party is to a party bound by these Terms and includes the party’s successors and permitted assigns and substitutes; a reference to two or more people means of them individually and all of them jointly; a provision must not be construed against a party only because that party prepared it; and the meaning of general words or provisions shall not be limited by references to specific matters that follow them (for example; introduced by words such as “including”) or precede them or are included elsewhere in these Terms;
38. (Entire agreement) These Terms and the relevant Purchase Order constitute the entire agreement between the parties for the supply of Products and/or Services to Australian Distilling Co and supersede all previous agreements, or arrangements between them in connection with the Products and/or Services.
39. Unless otherwise specified, in these Terms:
Associated Entity has the meaning given in the Corporations Act;
Business Day means any day except a Saturday or a Sunday or other public holiday or bank holiday in South Australia;
Claim means any claim, cost, damages, debt, expense, tax, liability, loss, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind;
Confidential Information means all information (including without limitation, trade secrets, recipes, ingredients, know how, formulations, samples, processes, supplier details, product development, operating procedures and technical information) relating to Australian Distilling Co and its Associated Entities, in any form or media whatsoever, that is provided or otherwise made available (directly or indirectly) to the Contractor or the Contractor’s employees in connection with the Products and/or Services at any time before, on or after the date of the Purchase Order but does not include information which at the time of disclosure was or is in the public domain, except through disclosure by breach of these Terms or other obligation of confidentiality;
Contract has the meaning given to that Term in clause 5 (Contract formation);
Contractor means the person from which Australian Distilling Co obtains Products and/or Services as described in the Purchase Order;
Corporations Act means the Corporations Act 2001 (Cth);
Distress Event means the happening of any of the following events in relation to a person:
(a) where the person is a body corporate:
(i) the body corporate becomes a Chapter 5 body corporate under the Corporations Act;
(ii) a controller, administrator, receiver, provisional liquidator, trustee for creditors in bankruptcy or analogous person is appointed to the body corporate or any of the body corporate’s property;
(iii) any steps are taken (including, without limitation, the making or passing of an application, order or resolution) with respect to the appointment of a liquidator or provisional liquidator for the winding up of the body corporate (unless those steps are stayed, withdrawn or dismissed within 15 Business Days);
(iv) the body corporate is taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Act;
(v) the body corporate is or becomes, or its directors state that it is, or has become, unable to pay its debts as and when they become due and payable;
(vi) the body corporate is presumed to be insolvent under the Corporations Act;
(vii) any steps are taken to deregister the body corporate under the Corporations Act (except where the steps taken are reversed or abandoned within 10 Business Days); or
(viii) the body corporate ceases or threatens to cease to carry on its business or any major part of its business;
(b) where the person is a natural person:
(i) the person authorises a registered trustee or solicitor to call a meeting of his or her creditors or proposes or enters into a deed of assignment or deed of arrangement or a composition with any of his or her creditors;
(ii) a person holding a Security Interest in assets of the person enters into possession of or takes control of any of those assets or takes any steps to enter into possession of or take control of any of those assets;
(iii) the person commits an act of bankruptcy;
(iv) the person has a bankruptcy notice issued against them;
(v) a receiver or trustee for creditors or in bankruptcy is appointed to any of the person’s property;
(vi) the person becomes an “insolvent under administration” within the meaning of the Corporations Act;
(vii) the person dies, is imprisoned or becomes incapable of managing his or her own affairs; or
(viii) anything analogous to having a substantially similar effect to any of the above events;
Encumbrance means any mortgage, pledge, lien, hypothecation, charge or other form of Security Interest or interest in the nature of a Security Interest (and encumber has a corresponding meaning);
GST has the same meaning as it does in the GST Act;
GST Act means the A New Tax System (Products and Services Tax) Act 1999 (Cth) and associated legislation and regulations;
Intellectual Property Rights means;
(a) patents, trade marks, service marks, rights in design, trade names and copyright (including future copyright), in each case whether registered or not;
(b) any applications for registration of any of the rights referred to in paragraph (a);
(c) rights under licences and consents in relation to any of the rights referred to in paragraph (a);
(d) all forms of protection of a similar nature or having equivalent or similar effect to any of them which may subsist anywhere in the world.
Price in respect of a Contract, means the amount specified in the Purchase Order;
Purchase Order means any request for Products and/or Services (whether in electronic, written or other form) issued by Australian Distilling Co to the Contractor;
Products means the products to be provided by the Contractor to Australian Distilling Co as described in the Purchase Order;
Security Interest means:
(a) any security interest under the Personal Property Securities Act 2009 (Cth), mortgage, charge, pledge, lien, retention of title arrangement, set-off arrangement or other arrangement having the same or equivalent commercial effect as a grant of security; or
(b) any agreement to create or give rise to any interest or arrangement of the type referred to in paragraph (a);
Services means the services to be performed by the Contractor, as set out in the Purchase Order, and any services necessarily incidental to them;
Tax Invoice means an invoice that meets the relevant criteria of the GST Act; and
Terms means the terms and conditions set out above, as amended from time to time.
Australian Distilling Co Pty Ltd – Website and Online Store Terms and Conditions
1. Introduction
1. Welcome to australiandistillingco.com.au (Website). This Website is owned, maintained and operated by Australian Distilling Co Pty Ltd (ABN 21 621 832 826) (SA liquor licence number: 51409809) (Australian Distilling Co, we, us or our). Our Website and online store contained within (Online Store) are designed to provide a private and convenient online experience to assist customers with purchases of our spirits (products) via a convenient, accessible and easy to use platform.
2. We want our customers (you, your) to have a secure and enjoyable experience when visiting our website and using our online store. These terms and conditions, together with our Privacy Policy (available online on our Website), will govern the use of this Website and Online Store. We reserve the right to review and amend our terms and conditions at any time; however, any such amendments will not be applicable to any order you make prior to us making and publishing the amendments on this website. By using this Website and Online Store, you agree and accept our terms and conditions as modified from time to time. Please read them carefully.
3. Where the provisions of any consumer protection law or other mandatory legislation that cannot be legally excluded apply, these terms and conditions will be read subject to the application of that law, and in the case of any conflict, the provisions of that law will apply.
2. Access to the Website and Online Store
1. To access our Website and Online Store, we will ask you to provide your date of birth. By using the Website and Online Store and agreeing to these terms and conditions you warrant and represent that you are at least 18 years old (or if the legal drinking age in your country of residence is higher, you are at least that legal drinking age) and that you have the legal capacity to enter into a legally binding contract.
2. You must immediately exit the Website and Online Store if you are under 18 (or are otherwise under the legal drinking age in your country of residence).
3. You may be asked to provide personal information (i.e. information which is collected and identifiable as relating to you personally) before making any purchases through the Online Store or registering for the Gin Club on the Website. All personal information collected will be treated in accordance with our Privacy Policy. You warrant that the information you provide to us is:
1. correct, complete and current; and
2. not misleading or deceptive or likely to mislead or deceive.
3. Responsible use
1. You agree to comply with all applicable laws in relation to any transactions or arrangements entered into using this Website and Online Store. You will not impede the use of the Website or Online Store by any person.
2. You must not use this Website or Online Store in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way or for any purpose which is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3. You must not use this Website or Online Store to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer viruses or any malicious computer software.
4. Disclaimer – General
1. Australian Distilling Co makes no warranty about its products and services other than those expressly stated in these terms and conditions and excludes and disclaims all other express, implied and statutory warranties and conditions except for those that cannot be excluded by law – please refer further to clauses 5 and 6 below.
2. Australian Distilling Co gives no warranties as to the accuracy, currency, suitability or completeness of any information contained on or accessed through this Website or Online Store (Information). Information provided on the Website or Online Store is subject to change at any time without notice and may not necessarily be up to date at the time you view the Information. If you make an order based on Information which is inaccurate or not current, you may cancel your order without cost.
3. Australian Distilling Co may, without notice to you, and at any time, modify or discontinue any services offered on this Website or Online Store. However, if you make an order based on any service offered on this Website or Online Store which has been modified or discontinued, or which is subsequently modified or is discontinued before your order is fulfilled, we will notify you and allow you to cancel or vary your order without cost.
4. Australian Distilling Co takes no responsibility for, and will not be liable for, any programming bugs, viruses, faults, or errors or anything else which may damage a device used to access this Website. It is your responsibility to ensure you scan for any viruses or faults before accessing our Website or Online Store.
5. By using this Website and Online Store you acknowledge and agree that:
1. we do not warrant that any message or transaction you post, upload or otherwise transmit to or form this Website or Online Store will be received by the intended recipient; and
2. we do not warrant or represent that access to this Website or Online Store will be uninterrupted.
5. Refunds and Replacements
1. In Australia, our products and services come with guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth) and other applicable consumer protection laws (collectively, Australian Consumer Laws). Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights under Australian Consumer Laws that cannot be excluded.
2. For any major failure by us in respect of our supply to you of products, you are entitled to a refund or replacement of products. For any minor failure by us in respect of our supply to you of products, you are entitled to have the failure rectified within a reasonable time.
3. If a refund or replacement is required under the Australian Consumer Laws, all items must be returned to Australian Distilling Co.
4. Payments will be refunded in the same manner in which they were paid.
5. Items returned without prior notice and approval will not be processed, unless they are returned with payment of a delivery charge and administration fee which will reflect the cost incurred by us.
6. Australian Distilling Co will provide an address to which products can be returned for refund or replacement under Australian Consumer Laws. If you send any product for refund to any other address (including any other known Australian Distilling Co address), Australian Distilling Co will not be liable and has no responsibility for any costs or expenses incurred in you undertaking such action.
7. Australian Distilling Co will not provide a refund if you have simply changed your mind or have found better prices for the same products elsewhere.
8. For more information about consumer rights please visit https://www.accc.gov.au/consum....
6. Limitation of Liability
1. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under Australian Consumer Laws, or our liabilities under those laws:
1. you acknowledge and agree that we will not be liable to you or any other person for any loss unless such loss is caused by our fraud, breach of these terms and conditions, breach of law, negligence or wilful misconduct;
2. you acknowledge and agree that in no circumstances will we be liable to you or any other person for any indirect or consequential loss (including loss of profits, failure to realise expected profits or savings, loss of use of any plant or facility, loss of opportunity, loss or corruption of data, loss of goodwill or loss of contract), which may be suffered or incurred or which may arise from or in connection with these terms and conditions or transactions under them;
2. We acknowledge and agree that:
1. you will not be liable to us or any other person for any loss unless such loss is caused by your fraud, breach of these terms and conditions, breach of law, negligence or wilful misconduct; and
2. in no circumstances will you be liable to us or any other person for any indirect or consequential loss (including loss of profits, failure to realise expected profits or savings, loss of use of any plant or facility, loss of opportunity, loss or corruption of data, loss of goodwill or loss of contract), which may be suffered or incurred or which may arise from or in connection with these terms and conditions or transactions under them.
3. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under Australian Consumer Laws, or our liabilities under those laws, and without limiting any of the other provisions of this clause 6, you acknowledge and agree that our aggregate liability to you for claims against us under or in connection with these terms and conditions or products supplied under them (other than to the extent such claims arise from our fraud, breach of law, wilful misconduct or our breach of clause 6(4) of these terms and conditions) will be limited to the greater of the following amounts:
1. the amount paid by you to us for products you have ordered from us via the Website or Online Store;
2. $5,000; or
3. the amount we to recover in connection with your claim under any insurance policy held by us which provides coverage in respect of your claim.
4. Australian Distilling Co must obtain and maintain product liability insurance providing no less than $10 million in aggregate cover on terms that are reasonable having regard to the nature and scale of its business and the insurance that is available in the market from time to time. Where you bring a claim against us and we are entitled to recover under insurance we hold in connection with that claim, we must pursue recovery under such insurance to the extent a reasonable and prudent businessperson would do so in the circumstances.
7. Orders
1. In placing any order via the Website or Online Store, you warrant to Australian Distilling Co that:
1. you are over the age of 18 years;
2. any person that you are obtaining the products for, or supplying the products to, is also over the age of 18 years; and
3. you will not supply or take any products to any liquor-restricted areas, alcohol protected areas, or ‘dry’ areas.
2. Subject to applicable law that cannot be excluded, we may cancel or refuse any purchase order made though the Website or Online Store at any time (even if payment has been made and received). The circumstances in which we may cancel or refuse an order include, but are not limited to:
1. where any of the products ordered are not available;
2. where a pricing or description error has occurred and the incorrect price or description was displayed on the Website or Online Store; or
3. where we have reasonable cause to suspect your order is in breach of any term of these terms and conditions, any other relevant conditions, or any law.
If we do so, you will not be charged for your order; or if you have been charged, you will be refunded the amount you paid.
8. Northern Territory
If you reside in the Northern Territory or request for delivery to be made to the Northern Territory, you acknowledge that additional price checks may need to be completed to comply with the Northern Territory’s Minimum Unit Price Legislation before your order is processed or dispatched. You acknowledge that this may cause the actual price of your order to differ from the price as advertised on the Website or Online Store.
9. Payment
1. Our available payment methods will be presented at the time of purchase.
2. Please be sure to provide your exact billing address and telephone number which is the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Please be aware that we may require additional verifications or information before accepting any order.
3. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.
10. Product Range
1. The products promoted on the Website are subject to availability and may change from time to time. Australian Distilling Co may, without notice to you and at any time, modify or discontinue any products offered through the Online Store. If you make an order for any product promoted on this Website which is unavailable, we will notify you and allow you to cancel or vary your order without cost.
2. Product details may change (we recommend you read the label) and vary slightly from the advertised images. Products are subject to availability and while stocks last.
11. Shipping
1. Australian Distilling Co’s Online Store will ship purchases anywhere in Australia. Australian Distilling Co does not offer an overseas shipping service.
2. Subject to stock availability, orders will be dispatched within 3 working days of order and payment processing. Receipt of delivery to purchaser’s address is dependent on purchaser’s proximity to Australian Distilling Co and will typically range from overnight to seven days. Delays may occur during promotional, clearance or Christmas periods.
3. It is your obligation to provide us with the correct delivery address at the time of purchase. We are not obliged to re-send orders to the correct delivery address at our expense. Change of the delivery address may be approved if the order has not been dispatched.
4. The applicable delivery fee for an order will be communicated to you before payment is taken. Please be sure to provide your exact billing address and telephone number, as incorrect information may cause a delay in processing your order. We reserve the right to increase the delivery fee for large, bulky or heavy orders.
5. Australian Distilling Co will make all reasonable efforts to deliver products by any requested or agreed date. However, we do not guarantee delivery on that date and are not liable for any loss resulting from any late delivery.
6. If products are believed to either have a faulty seal or have been damaged in transit, we will require an order number, details of the damage and a photographic image of the damage within 3 days of delivery. Damaged products must not be discarded, you must return the damaged goods to Australian Distilling Co if requested, at Australian Distilling Co’s cost.
7. If sufficient evidence of the faulty seal or the damage having occurred during transit is provided, and it is evident that you are not at fault for the issue, Australian Distilling Co agrees to provide you with replacement products or a credit note for an amount not exceeding the value of the damaged products.
12. Receipt of Delivery
1. Delivery will not be made to any person under or apparently under the age of 18 years and we may request you provide photographic evidence as to your identity and age.
2. You acknowledge that we must provide instructions to the person responsible for the delivery that the products you have ordered must only be delivered:
1. to the adult person who purchased the products; or
2. to the adult person nominated by the purchaser; or
3. in accordance with the instructions of the purchaser.
3. By placing an order through the Website or Online Store, you warrant to Australian Distilling Co that anyone who receives the products at the delivery address:
1. is authorised to receive the products on your behalf; and
2. is willing and able to produce evidence of their identity and age by:
1. signing a declaration which states their name and confirms they are 18 years or older, but only if the delivery person can reasonably assume the person is clearly over the age of 18;
2. or, in any other case and in instances where the delivery person cannot reasonably assume the person accepting delivery is clearly over the age of 18, then by producing a current photographic identity document acceptable to the delivery person and of a type that satisfies the delivery person’s obligations (as prescribed by law). as evidence of the recipient’s identity and age.
3. You acknowledge that the delivery person is required to make a written record of such evidence (which must contain such information as is prescribed by law) and retain this evidence for at least 1 year (or such other period prescribed by law from time to time).
4. Australian Distilling Co (and/or any of our authorised agents, contractors or subcontractors) may refuse to deliver product purchased though the Website or Online Store if:
1. the person receiving the products does not comply with proof of age requirements detailed in this clause 12; or
2. the person responsible for delivery has reasonable cause to believe that the likely recipient of the products appears to be intoxicated, under the age of 18 years, or acting on behalf of a person who is intoxicated or under the age of 18 years.
5. ‘Delivery instructions’ may be provided by you with any order through the Website. All efforts will be made to ensure these instructions are followed but it must be clear that the purchaser takes on this option at their own risk. While we will endeavour to ensure such instructions are followed, Australian Distilling Co and/or any of our authorised agents, contractors or subcontractors may refuse to follow such instructions if they reasonably believe that following the instructions may create a risk of a person who is intoxicated or under the age of 18 gaining access to the products.
6. You acknowledge that we may record and collect the details on any identification document provided to us (or our authorised agents, contractors or subcontractors) in relation to the delivery of products. Any personal information collected will be held and may be used in accordance with the Privacy Policy available on our website.
13. Title and risk in the products
1. Australian Distilling Co retains title in the products purchased until it receives payment in full.
2. Subject to clause 11.(7) above, you agree that risk in the products passes to you at the time of dispatch, and the passing of risk takes place at the licensed premises where the products are dispatched from.
14. Copyright and Trade Marks
The Website and Online Store are owned and operated by Australian Distilling Co. Unless otherwise provided, all copyright, trade marks and other intellectual property rights in the material on the Website and Online Store, including design, images, unique product descriptions, content, logos and icons, are owned by or licensed to Australian Distilling Co and are also subject to applicable copyright laws. No part of the Online Store may be copied, modified or reproduced by any process without the specific prior written permission of Australian Distilling Co.
15. Privacy Policy
Our Privacy Policy is available on our website and details how we collect, use, manage and disclose personal information.
16. Linked websites
1. Australian Distilling Co may provide links to other websites maintained and operated by third parties. These linked websites are not under the control of Australian Distilling Co. Australian Distilling Co provides these links to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Australian Distilling Co, its related bodies corporate, affiliates, corporate partners or licensors. You access such websites entirely at your own risk.
2. Australian Distilling Co is not liable for any content or information such websites contain. By using our Website you waive any claims you may have against us in respect of any linked websites.
17. Breaches of Terms and Conditions
If you breach these terms and conditions, Australian Distilling Co may take any action that it deems to be appropriate to deal with the breach, without notice or explanation to you. Such action may include, but is not limited to:
1. restricting your access to the Website or Online Store;
2. disabling your log in and password;
3. contacting your internet service provider to request they block your access to the Website and Online Store; and
4. commencing legal proceedings against you.
18. Applicable law
1. The Online Store and Information available on the Online Store is intended for the use of Australian residents only.
2. These terms and conditions and the use of the Website and Online Store is governed by the laws in existence from time to time in South Australia.
3. Any claim relating to the Website and Online Store and products provided through the Online Store or its content is governed by the laws of the State of South Australia and you agree to submit to having the matter dealt with in a court in Adelaide in the State of South Australia, Australia.
19. Severability
If any provision of these terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
20. Customer Support
For any queries in relation to our Website or Online Store, please contact us via [email protected]