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Terms & Conditions

Definitions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, Booze Company Pty Ltd
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "http://boozecompany.com.au/"

 

WARNING 

Booze Company supports the Responsible Service of Alcohol. 

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: WARNING: 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).

Western Australia: WARNING. 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.

ACT : WARNING : Liquor ACT 2010: It is an offence to supply alcohol to a person under the age of 18 years. Penalties apply. 

Use of this website signifies your agreement with our Terms and Conditions and Privacy Policy. Delivery and Handling charges apply to all products sold unless otherwise specified.

1. Terms & Conditions Of Using And Purchasing Via Boozecompay.com.au

a) boozecompany.com.au is operated by Booze Company Pty Ltd, ACN 601 727 315.

b) Purchases of alcohol products made through boozecompany.com.au is made under:

(1) Victoria Liquor Licence No. 36135578.

c) By visiting and using boozecompany.com.au you accept and agree to be bound by the following Website Terms and Conditions of Use (Website Terms). If you do not accept these Website Terms, please do not use the Site.

d) Purchasing via boozecompany.com.au

(1) 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.

(2) If you purchase products via boozecompany.com.au, you warrant to us that:

i) you are over the age of 18 years; and

ii) any person that you are obtaining the products for, or supply the products to, is over the age of 18 years.

(3) If you purchase any products from Us through the Site (including but not limited to signing up for one of Our regular delivery programs or any one-off purchase of products), additional terms and conditions may apply. These additional terms and conditions will be displayed with the product or offer.

(4) Where a wine vintage is not available another vintage may be substituted.

(5) If products ordered by you are not in stock, whenever possible We will offer you a comparable product of equal or greater value.

(6) All specials, promotions, clearances, offers and discounted items advertised on the Site are available only while stocks last unless otherwise advertised. Promotions may not be available in all areas.

(7) All prices are Australian dollars and are inclusive of GST. Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated until you delivery details are provided in the checkout. Promotional offers and prices are as stated, with no further discounts available. You agree to pay the price of the products specified on the website or quoted to you by our Customer Service agents over the phone. You also agree to pay the delivery and handling fee (when applicable) in respect of each Order and all taxes, including goods and services tax. We reserve the right to vary prices on the Website without notice. The price payable for the product is the price applicable on the date the products are confirmed as ordered. We endeavour to ensure all prices displayed are correct but occasionally an error may occur. If we discover a pricing error we will notify you and you may elect to not purchase any Good/s where the price has been corrected.

(8) Credit card, debit card, Pay Pal, payments are accepted as payment for orders of products. Cheques, money orders and cash are not accepted methods of payment. Payment must be cleared before products are despatched.

(9) We are confident that our products represent good value for money and We guarantee every product you buy. If you are unhappy with a purchase you must notify us within two weeks of receiving it. We will arrange to pick up the product and refund the purchase price. The product must be returned in their original condition with the original packing slip and securely wrapped. Delivery costs will only be refunded if the product shipped is a result of our error.

(10) If you owe money to boozecompany.com.au under one agreement, boozecompany.com.au may set-off that money against any money that you owe to boozecompany.com.au under another agreement.

(11) The Delivery Address which you nominate needs to be within a location where boozecompany.com.au provides delivery services. We will advise you if the Delivery Address which you nominate ceases to be in an area where boozecompany.com.au delivers goods. We will not be obliged to continue to deliver Goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not in an area within which We deliver goods.

(12) If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered boozecompany.com.au may charge you and you may be required to pay an additional fee.

(13) Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address.

(14) We collect and use Your Personal Information in accordance with Our Privacy Policy, which can be viewed under Privacy Policy.

e) We may change these Website Terms at any time without notice. Please review these Website Terms regularly to ensure you are aware of any changes made.
 

2. Registration On The Site

a) boozecompany.com.au offers a "My Account" facility (Account) to users who register their details on the Site (Registered Users). The "My Account" facility enables Registered Users to:

i) edit their details

ii) view historical orders and change their password among other functions

iii) if you have subscribed to a Wine Plan, you can view the despatch date of your next delivery (If being provided by boozecompany.com.au)

b) By becoming a Registered User, you acknowledge and agree We may email, post or include in any delivery of Goods you order from Us, special offers We provide on behalf of third parties (Special Offers). You can opt out of receiving Special Offers by contacting Us in accordance with the Privacy Policy.

c) You are only eligible to apply for an Account if you are over 18 years of age. By submitting your application for an Account you warrant to boozecompany.com.au that you are over 18 years of age.

d) To access your Account you must provide your email address. After creating your Booze Company Account you will receive an email containing your password. Your email address and password will be used to access your Account. You may not have more than one Account or user name.

e) We may require additional information and we reserve the right to decline, suspend or terminate your Account at any time at Our absolute discretion.

f) You are responsible for maintaining the confidentiality of your password and you will be liable for any breach of privacy arising from unauthorised access to the Site caused by or connected with your disclosure of your email address and/or password.

g) You are responsible for all fees and charges incurred on your Account arising from access to your Account through your user name and password, irrespective of who uses your Account.

h) You must immediately notify us if you suspect or become aware of any unauthorised use of your password or Account, or any other breach of the Site's security. You must immediately change your password if you suspect a security breach. The Site will contain a facility to change your password or if this facility is not available, please contact us immediately by email.

i) If boozecompany.com.au believes your Account is being used contrary to these Website Terms or any privacy or other laws, we may immediately suspend or cancel your Account upon such conditions as we believe are appropriate.
 

3. Orders And Payment

a)Online : You can order right here via boozecompany.com.au by creating an account and placing your order. If you have any questions contact us at sales@boozecompany.com.au.

b)E-Mails : Currently we do not accept orders via e-mail.

c) By phone : Currently we do not accept orders via phone.

d) Payment methods: We accept all major credit cards such as  MasterCard, Visa, American Express, Diners Club, and Pay Pal.  We do not accept cheques or money orders.
 

4. Pricing Information

a) All prices are Australian Dollars and are inclusive of GST.

b) Product prices listed are applicable to online purchases on boozecompany.com.au (website only).

c) Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated until you delivery details are provided in the checkout.

d) Promotional offers and prices are as stated, with no further discounts available.

e) Prices are subject to variation - all current prices are displayed with the product.

f) We endeavour to ensure all prices displayed are correct. Occasionally an error may occur. If we discover a pricing error we will notify you.

g) Delivery charges only apply to all purchases made online at boozecompany.com.au or made by calling Us (if service provided), unless otherwise stated.

5. Delivery

a) Wine & Spirits: Your order will be shipped in cartons/cases that hold 12 standard bottles. Standard sizes for bottles are 750ml for wine and 700ml for spirits. Delivery fees are per case. On the website, refer to delivery charges at the checkout for the products you have purchased.

b) Standard Delivery Timeframe : Our standard delivery times are 3-7 working days. For some rural areas and other areas specified by Australia Post, deliveries are only available for collection at the local Post Office. During Christmas/ New Years standard delivery timeframes is not guaranteed.

If you have any enquiries about delivery, or any questions regarding the status of your order, please use the contact us form at boozecompany.com.au

c) Delivery Exclusions : We deliver wine anywhere in Australia, except for areas that are classified by the Australian Government as dry zones or Australian Islands that are classified as in International Waters. If you are unsure whether we can deliver to your area please contact us at sales@boozecompany.com.au

Delivery into the areas specified is restricted and Booze Company and its couriers will not deliver to the following postcodes/locations:

 4605 - Cherbourg        4713 - Woorabinda                4816 - Palm Island     

4830 - Doomadgee       4871 - Aurukun                      4871 - Kowanyama

4871 - Lockhart            4871 - Mornington Island        4871 - Pormpuraaw

4871 - Yarrabah           4874 - Mapoon                        4874 - Napranum

4876 - Bamaga            4876 - Injinoo                           4876 - New Mapoon

4876 - Seisia                4876 - Umagico                       4895 - Hope Vale

4895 - Wujal Wujal       6798 - Christmas Island

 Note: Locations may be added or modified as per Government requirements.

6. Refunds

We're confident that our products represent excellent value for money, and we're proud to guarantee every product you buy. If you're not satisfied with a purchase you've made online or on the phone, you may arrange for the order to be collected from you, just email refunds@boozecompany.com.au within two weeks of receiving it. For all refunds the products have to be returned to us in their original packaging condition, products have to be unused, and you have to provide us with the original tax invoice and proof of purchase that we issue at the time of purchase. Read this document further for more information.

If you receive your online order and then change your mind, exchanges can be possible at the discretion of Booze Company within a week of accepting the delivery. Please be aware that in the event of an exchange, any additional delivery charges will be at your own expense. We can only provide an exchange as an option if all products are in their original packaging condition, unused, and you have the tax invoice and proof of purchase issued from Us.

No exceptions will be made to the conditions stated above for refund or exchange.

7. Content And Intellectual Property

a) The content, layout, design, concept and organisation of the Site (Content) which is or may be the subject of patent, copyright, trade mark, design, confidentiality or other intellectual property rights (Intellectual Property) belonging or licensed to Us.

b) Subject to your compliance with these Website Terms, We grant you a temporary, non-exclusive licence to download, print or otherwise reproduce in unaltered form a single copy of any Content (save for any material for which express notice is given to the contrary) solely for your personal, non-commercial use, or for non-commercial information purposes only within your organisation.

c) Certain material provided or available on or through the Site may be stated to be subject to special or additional rules or conditions which will form part of these Website Terms.

d) By visiting and using the Site you acknowledge and agree that:

i) We own all right, title and interest in, or are otherwise licensed to use the Intellectual Property in the Content and

ii) you will not do anything to hinder, impede, invalidate or challenge Our ownership, entitlement to use, or registration of any part of the Intellectual Property in the Content; or which might diminish the value of the Intellectual Property in the Content;

iii) and any use, downloading, copying, adaption, modification, communication, distribution or reproduction of the Site, the Content or the Intellectual Property in the Content other than as expressly permitted by these Website Terms or by law is strictly prohibited, unless you have obtained Our prior written consent (which We can withhold in Our absolute discretion).

e) Where Our Intellectual Property contains any of Our registered or unregistered trademarks, you must not use any of those trademarks:

i) in or as the whole or part of your own trademarks;

ii) in connection with activities, products or services which are not Ours;

iii) in a manner which may be confusing, misleading or deceptive; or

iv) in a manner that disparages Us or Our products or services (including the Site).

f) You agree to use the Site and it's Content for lawful purposes only.
 

8. Content

a) We derive Our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Site is provided in good faith. However, We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Site, or for any incorrect or misleading information provided on the Site.

b) We reserve the right to change, update or terminate the Site and Content or any part of them at any time in Our absolute discretion, without notice or liability to you.

c) Any change or modification to the Site or these Website Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, do not use the Site. If following any such change or modification you continue to use the Site or Content, then you will be deemed to have accepted those changes or modifications.
 

9. Reviewing Products

a) Users of this website may post product reviews (if facility provided). This right is extended on condition that the review is not illegal, obscene, abusive, threatening, defamatory, and invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable. Specifically, product reviews should not include software viruses, political campaigning, commercial solicitation, chain letters or mass mailings.

b) You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content within a review.

c) We reserve the right, but not the obligation, to remove or edit any content.

d) If you post a product review(if facility provided), unless indicated otherwise you:

i) grant boozecompany.com.au and its affiliates a non-exclusive, royalty-free and fully sub-licensable right to use, reproduce, publish, modify, adapt, translate, distribute, create derivative works from, and display such content throughout the world in any media.

ii) grant boozecompany.com.au and its affiliates and sub-licensees the right to use the name that you submit in connection with the product review, if they choose.

iii) agree that the rights you grant above are irrevocable during the period of protection of your intellectual property rights associated the product review. You agree to waive your right to be identified as the author of the product review and your right to object to derogatory treatment of the product review.

iv) represent and warrant that you own or otherwise control all of the rights to the product review that you post; that, as at the date that the content or material is submitted to boozecompany.com.au, the product review is accurate; use of the product review you supply does not breach any boozecompany.com.au policies or guidelines and will not cause injury to any person or entity (including that the product review is not defamatory). You agree to indemnify boozecompany.com.au and its affiliates for all claims brought by a third party against boozecompany.com.au or its affiliates arising out of or in connection with a breach of any of these warranties.
 

10. Privacy & Security

For more information on Privacy & Security at boozecompany.com.au see Our Privacy Policy.
 

11. Disclaimer

a) All information, advice or other data on the Site is provided as general information only and should not be relied upon.

b) We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Site or its Content for any particular purpose.

c) We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Site, or the Site's inability to meet your needs.
d) We have no control over and are not responsible for the content of any third-party sites linked to or framed within the Site, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Site should not be construed as an endorsement, approval or recommendation by Us of the linked web site or its content. We are not responsible for the content or privacy practices associated with linked web sites. When viewing a third party site, you should read the terms, conditions and privacy statements detailed on that site. Your use of or reliance upon such third-party websites is at your own risk.

e) We are based in Melbourne, Australia. You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you.

f) Your use of and any reliance you place upon the Site and its Content are entirely at your own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond Our jurisdiction and control and that of Our suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to Us.

g) We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site, which is beyond Our control. For the avoidance of doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site or any linked website.
 

12. Liability

a) To the fullest extent permitted by law and without limiting any rights available under the Australian Consumer Law:

(1) all conditions and warranties concerning the Site and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;

(2) in no event will We (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Site or the Content;

(3) We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site, the Content, the Services or the Products;

(4) any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and

(5) remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms.
 

13. General

a) Your rights and obligations under these Website Terms may not be transferred or assigned directly or indirectly without Our prior written consent. We may transfer or assign Our rights and obligations under these Website Terms.

b) To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been read down or deleted to the extent necessary to overcome the difficulty.

c) Our rights and remedies under these Website Terms cannot be waived except in writing signed by Us. Our Delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does Our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of Our other rights.

d) We will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.

These Website Terms are governed by and construed in accordance with the law of the State of Victoria and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.