General

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]