terms & conditions
These terms apply to the ordering, purchase and delivery of Goods from the Website and form a contract between you and Waterloo Bay Distilling Company Pty Ltd.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
COMPLIANCE WITH TERMS
You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Waterloo Bay Distilling Pty Ltd for the supply of Goods.
PLACING ORDERS FOR GOODS
You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold. You acknowledge that any products purchased under these Terms are not for re-sale.
Waterloo Bay Distilling Pty Ltd will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
You agree to obtain consent to provide Waterloo Bay Distilling Pty Ltd with Personal Information of recipients of gifts or Goods Ordered by you.
You may Order from Waterloo Bay Distilling Pty Ltd if you are aged 16 years or over, and have an active email account or a telephone number at which you can be contacted.
If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order.
Waterloo Bay Distilling Pty Ltd reserves the right to accept or reject your Order for any reason at any time. If Waterloo Bay Distilling Pty Ltd rejects your Order you will receive a refund of any money paid.
AVAILABILITY OF GOODS
From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfill all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Waterloo Bay Distilling Pty Ltd will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of sale of a particular Good.
Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.
Waterloo Bay Distilling Pty Ltd reserves the right not to honor any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error. and Waterloo Bay Distilling Pty Ltd will fulfill the remainder of your Order. If you are not satisfied with the partial fulfillment of your Order, you can return your Order to us under the Returns Policy.
If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
You acknowledge and agree that:
all pictures and images of Goods displayed are for illustrative purposes only;
any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
PRICE AND PAYMENT
When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
Waterloo Bay Distilling Pty Ltd reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error).
Payment methods are specified on the Website or told to you at the time you place your Order. They include credit card, or Paypal. The name on any credit card used for payment must match the name on the Order. Cheques cannot be used as a payment method for any purchases from Waterloo Bay Distilling Pty Ltd, including Orders.
Any payment for an Order must be cleared by Waterloo Bay Distilling Pty Ltd before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
Lay-by is not available for Orders.
ORDER CANCELLATIONS AND RETURNS
Unless provided for under these Terms or as otherwise agreed by Waterloo Bay Distilling Pty Ltd, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect quantity, colour etc.
Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
Waterloo Bay Distilling Pty Ltd will process any refunds within a reasonable time of agreeing to do so.
If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.
If a Good is subject to a product recall, a notice will be posted on the Website. You can return recalled Goods as instructed in the Product Recall notice.
You consent to us contacting you or the gift recipient, using the personal information provided on your Order, to notify you of a product recall by telephone, email, SMS, MMS or post.
PROMOTIONS AND DISCOUNTS
You may receive online offers and promotions, whether mailed to your home, with your Order or emailed to you. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers unless specified by Waterloo Bay Distilling Pty Ltd.
Certain offers are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to offer redemption.
All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.
We may also collect, and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
Unless otherwise indicated in your account settings or at the time you place your Order, Waterloo Bay Distilling Pty Ltd may send you marketing information
Waterloo Bay Distilling Pty Ltd reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
RISK & LIABILITY
Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent.
Waterloo Bay Distilling Pty Ltd excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
You represent and warrant to Waterloo Bay Distilling Pty Ltd that Waterloo Bay Distilling Pty Ltd will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
12.1. We may, at our discretion, terminate the agreement for the supply of Goods to you: for convenience, at any time, on giving notice to you; or immediately if Waterloo Bay Distilling Pty Ltd reasonably believes that you have breached these Terms and: that the breach is not capable of remedy; or
if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
Waterloo Bay Distilling Pty Ltd may give notice to you by electronic mail. You may give notice to Waterloo Bay Distilling Pty Ltd by emailing email@example.com or via the form on www.banksandburbidge.com
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceable. That does not invalidate the remaining provisions of these Terms or affect the validity or enforce ability of that provision in any other jurisdiction.
A failure or delay by Waterloo Bay Distilling Pty Ltd to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Waterloo Bay Distilling Pty Ltd does not preclude its future exercise or the exercise of any power or right.