Table of Contents
Terms and Conditions
Eligibility to purchase
Acceptance of your order
Cancellations by you
Click n Collect
Intellectual property rights
No commercial use
Risk and Title in Products
- TERMS AND CONDITIONS
- Please read the TOS carefully before placing any Orders on www.theliquorcoop.com.au. By accessing and using the Sites, including placing Orders, you agree that you will be subject to and will comply with the TOS.
- The Liquor Co-op is a trading name of ILG RETAIL PTY LTD, a company registered in New South Wales, ABN 86 628 264 577. The store is located in Bacchus Marsh, Victoria. If you have any comments about The Liquor Co-op, you can email us at firstname.lastname@example.org.
- If you do not agree to any change to the TOS, then you must immediately stop using the Site. Please read these terms carefully each time you place an Order.
- Any modifications to the TOS will be effective as soon as they are posted on the Site. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the TOS that applied at the time you place your Order unless we are required to make the modification by law..
- If following any modification to the TOS you continue to use the Site and place an Order, then you will be deemed to have accepted those modifications
- In these terms and conditions, the following expressions have the following meanings:
- Click and Collect Order means an Order you place using our Click and Collect option available on the Site.
- Content means any graphics, photographs, including all image rights, sounds, music, video, audio or text on a Site.
- Order means any order for a Product or Products submitted using the Site.
- Product means each good that is advertised for sale on the Site.
- Restricted Product means a Product that is subject to certain restrictions on its sale by a relevant law, such as Products containing liquor.
- Site or Sites means a website or websites operated by The Liquor Co-op including but not limited to www.theliquorcoop.com.au.
- In these terms and conditions, the following expressions have the following meanings:
- To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects.
- You may only have one active account at any one time which will be personal to you. You may update, edit or terminate your account at any time through the Site.
- Should any of your registration information change, you must immediately update your information by signing into your account and editing your personal information in ‘My Account’. We may also change registration requirements from time to time.
- ELIGIBILITY TO PURCHASE
- In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, date of birth, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent, and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
- It is a condition of purchase, and legal requirement, that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your Order will not be processed.
- We reserve the right to restrict multiple quantities of an item being collect by any one customer or shipped to any one customer or postal address.
- LEGAL NOTICE
- The Liquor Co-op supports the responsible service of alcohol. 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.
- You warrant that you are over 18 years of age and are not obtaining Restricted Products on behalf of a person under the age of 18 years. Liquor licence number 32066599.
- You agree that you will comply with all relevant laws relating to your use of the Site and your placement of any Order with us.
- All Orders are subject to availability and acceptance by us.
- Any items in your shopping basket are not reserved and may be purchased by other customers.
- We seek to only offer products for sale that are in stock and available for dispatch within a reasonable period of time.
- Any promotions advertised on the Site are subject to the TOS, and the following:
- promotions are only available via the Site (unless specified otherwise) and for the period of time specified (if no period of time is specified, the promotion is only available whilst advertised or on show);
- promotions are subject to Product availability and may not be available in stores (and may be subject to further limitations in certain locations or stores to comply with relevant laws or regulations); and
- promotions may not be used in conjunction with any other offers or promotions, and are not redeemable for cash.
- The Liquor Co-op will store a record of your transactions for a minimum of three years.
- ACCEPTANCE OF YOUR ORDER
- Once you have made your choice and your Order has been placed, you will receive an email acknowledging the details of your Order. This email is NOT an acceptance of your Order, only a confirmation that we have received it.
- Unless you cancel your Order, acceptance of your Order and completion of the contract between you and The Liquor Co-op will be completed when the Products have been dispatched or are ready for collection. The sale contract is therefore concluded in Victoria.
- Any Order placed is an offer by you to purchase the Product/s for the price notified (including any charges and taxes) at the time you place the Order.
- We reserve the right to accept or reject your Order for any reason, including but not limited to, if:
- we are unable to obtain authorisation for payment;
- shipping restrictions apply to a particular item;
- the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn; or
- you do not meet the eligibility criteria set out within the TOS.
- We may also refuse to process and therefore accept an Order for any reason or refuse service to anyone at any time at our absolute discretion.
- We will not be liable to you or any third party by reason of our withdrawing any Products from the Site whether or not the Products have been sold, removed, there is screening or editing any materials or content on the Site, refusal to process a transaction or unwinding or suspending any transaction after processing has begun.
- CANCELLATIONS BY YOU
- Where the Order has not been accepted by us in accordance with clause 7 you may request to cancel the Order.
- Where the Order has been accepted by us, an Order may only be cancelled with our prior agreement at our absolute discretion.
- If you request to cancel your Order, we may charge you a cancellation fee equal to the costs to us arising from the cancellation.
- Cancellation requests must be made by telephoning us on the number listed on the Site during our business hours listed on our Site.
- Payment can be made by Visa, MasterCard and American Express cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited upon confirmation of the Order by us.
- You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
- We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using eWay Payment Solution's secure online payment gateway that encrypts your card details in a secure host environment. With the combination of SSL encryption on our website and a secure browser at your end, we take all reasonable measures to ensure that your credit card and personal information are protected when you purchase online.
- We also recommend that you take appropriate security precautions when accessing the Internet via public Wi-Fi networks or shared computers.
- We utilise a network of courier companies and a company delivery driver.
- In order to comply with liquor laws an adult over the age of 18 years must be present to accept the delivery of an Order and will be required to present photo ID and/or may also be required to present the debit/credit card used to place the Order.
- We will not deliver your Order in the event that any likely recipient of the Order is below the age of 18 or appears to be under the influence of alcohol or drugs, is abusive or who we consider may be unsuitable for any reason.
- If you are not present at the time of delivery, or fail to comply with this clause 10, the Products will be returned to the store. You have the option to pick up from the store or alternatively arrange a new delivery time at an additional cost.
- You agree that anyone at the delivery address who receives the Products is deemed to be authorised to receive the Products.
- CLICK AND COLLECT
- Click and Collect Orders are available from the store as shown on the Site. An estimated collection time and date will be displayed when you place your Order.
- You agree to comply with collection requirements specified in this clause and such other requirements as notified by us when you place your pick-up Order or within a reasonable period after you submit your Order including:
- you must collect your ordered Products from the store.
- you must present a photo ID and/or we may also require you to present the debit/credit card used to make the purchase when you collect your Order.
- If you will not be the person collecting your Order then your representative must provide us with photo ID and/or we may also require your representative to present the debit/credit card used to make the purchase when your representative collect your Order.
- If you or your representative does not supply the appropriate identification, we will not allow collection of the products you have ordered.
- You agree that any representative collecting your ordered Products will be deemed to be authorised by you to collect the Products.
- You agree to ensure that the person collecting any Products which are Restricted Products is over the age of 18 years or such other minimum age as prescribed by law. We will not allow collection of:
- alcohol or liquor Products to a person who is intoxicated, appears to be under the influence of drugs, is abusive or not of the appropriate legal age; and
- other Restricted Product to a person that is not of the appropriate legal age.
- REPLACEMENT AND REFUNDS
- We will only provide refunds or replacement of any Products in accordance with this clause 12 and in no other circumstances.
- In the event you receive Products that are damaged or faulty, please contact us within 24 hours of receiving your Order and we will either, at our election, replace the damaged Product or refund the value of the damaged Products.
- We reserve the right to require proof that the Products were damaged or faulty.
- Any refunds will be credited onto the credit card used to make the purchase. We will seek to process your refund as quickly as possible, but please allow up to 3 business days for your refund to be processed.
- INTELLECTUAL PROPERTY RIGHTS
- Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content), including our software and all HTML and other code contained in this Site.
- All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by us. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties.
- While we try to ensure that the information, including any Content on a Site is accurate and complete, we make no representation or warranty that the information is accurate or error-free.
- We may make changes to the Content, materials and services on a Site, or to the products and services described in them, at any time without notice.
- The Content and services on a Site may be out of date, and we make no commitment to update the materials and services at the Site.
- The Content, products and services on a Site are provided 'as is' without any warranties or representations of any kind, including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property to the maximum extent permitted by law.
- Our obligations with respect to any products and services are governed solely by the TOS and nothing on a Site should be construed to alter the TOS.
- The personal opinions of the suppliers whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect our views and we accept no responsibility for any such views expressed in any media.
- NO COMMERCIAL USE
- The Site, and any products and services available on a Site, is for your personal non-commercial use only.
- You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within a Site.
- You may not use the Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
- YOUR ACTIVITY
- You agree that you will be personally responsible for your use of the Site and for all of your communication and activity on the Site.
- If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to the Site on a temporary or permanent basis.
- You agree:
- that you are responsible and liable for any person that uses your account and password to order Product(s) through the Site;
- that we may charge you for all Products that we agree to supply to you that have been ordered using your account and password through the Site;
- that you are responsible for any costs associated with your access and use of the Site including internet charges; and
- that the person collecting the Products on your behalf is authorised by you to do so.
- THIRD PARTY
We may include hyperlinks on the Site to other websites or resources operated by parties other than us, including advertisers. We have not reviewed all of the sites linked on the Site and we are not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
- LIABILITY DISCLAIMER
- We do not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the maximum extent permitted by law.
- The contents of the Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
- To the maximum extent permitted by law, we The hereby disclaim all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these, any Products supplied, any delay in the supply of any Products and any failure to supply any Products.
- To the maximum extent permitted by law, we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Products, or otherwise arising out of the provision of Products, whether based on terms of trade, negligence, strict liability or otherwise, even if the we have been advised of the possibility of damages. Any liability to you is reduced to the extent (if any) that you cause or contribute to the loss or damage.
- To the maximum extent permitted by law any liability we may have under the TOS is limited to the total value of the last Order accepted by us.
- The Australian Consumer Law may give you certain guarantees. Where liability for breach of any such guarantee can be limited, our liability (if any) arising from any breach of those guarantees is limited with respect to the supply of to the replacement or the costs of resupply or replacement of the Product or similar products or equal or greater value.
- RISK AND TITLE IN PRODUCTS
- Risk in the Products passes to you:
- from the time of collection where the Order is a pick up order; or
- from the time the Products are dispatched to your delivery address.
- Title to the Products passes to you on the later of payment of the Products subject to an Order and:
- collection of the Products where the Order is a pick up order; or
- delivery of the Products.
- Risk in the Products passes to you:
- All prices for the Products include GST.
- If any provision of the TOS is or becomes unenforceable, illegal or invalid for any reason it will be deemed to be severed from the TOS without affecting the validity of the remainder of the TOS and will not affect the enforceability, legality, validity or application of any other provision of the TOS.
- This TOS is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
- We respect the privacy rights of our online visitors and users and recognise the importance of protecting your personal information.
- WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND HOW?
- We collect your personal information when you use our services and when you place an Order or register for a service offered by us. In order for us to provide our services, we may collect information about your name, date of birth, email address, phone numbers, shipping address and billing address(es) so that we can process and fulfil orders and otherwise provide our services. Card details will never be shared with third parties and will only be collected and used to process your Order, using our payment service provider's systems. We may also collect personal information from publicly available sources, our related entities and your employer or organisation, colleagues and representatives who provide us with your information on your behalf, where required or authorised by law.
- You have no obligation to provide any information to us. However, if you choose to withhold requested information we may not be able to provide you with the goods and services that depend on the collection and use of that information, particularly if the collection of that information is required or authorised by law.
- STORING AND SAFEGUARDING YOUR PERSONAL INFORMATION
- We take reasonable steps to maintain appropriate safeguards to ensure the security and integrity of the information you have provided us with. When you place an Order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us, to protect it from unauthorised use. In addition, we take reasonable steps to ensure that third party business partners to whom we transfer any data will provide sufficient protection of that personal information. Please be aware that there are inherent risks in transmitting information across the internet and we cannot guarantee the security of information online.
- HOW THIS INFORMATION MAY BE USED, INCLUDING ANYONE IT MIGHT BE SHARED WITH
- We use and disclose personal information as required to perform our functions and activities as a business, maintain and update our records, provide our goods and services and protect our lawful interests. We may not be able to do these things without your personal information. For example, we may use your personal information for the processing of orders, payments, and to provide you with a personalised shopping experience. We will use your details to fulfil and deliver your Orders, including the provision of information required by third party service providers such as suppliers and courier companies. Where required or authorised by law, we may also disclose your personal information to any relevant regulatory body.
- We may also use your personal information to send you marketing updates but only ever in accordance with your preferences (as detailed in the next section).
- We do collate information about site traffic, sales, wish list, and other commercial information which we may pass on to third parties, but this information does not include any personal information. We may use your personal information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve our site design to better meet our visitors' needs.
- From time to time we may disclose personal information to third parties, including our related entities, services providers (such as data storage, warehouse and logistics providers, auditing, accounting, legal, business consulting, marketing and like providers) and other entities who need the information to provide us with relevant services, subject to agreements we have with such third parties regarding handling that information. Some of these parties may be located outside of Australia, including in the USA, India, Canada, the EU, Singapore and other countries we may notify from time to time.
- USE OF YOUR PERSONAL INFORMATION FOR MARKETING AND OPT-OUT PROVISION
- When you register an account with us on the Site, we offer you the opportunity to opt-in and receive marketing communications from us with promos and information that might be of interest to you. At all times, we will offer you the opportunity to unsubscribe out of the various electronic communications which we send to you. Any electronic communications we send you will contain an unsubscribe link so that you can opt-out of receiving that particular type of message in the future. Alternatively, you can change your email preferences or opt out of all emails from us by logging into the ‘My Account’ function. Marketing communications you subscribe to will only be sent by The Liquor Co-op.
- HOW YOU CAN ACCESS AND, IF NECESSARY, CHANGE THE PERSONAL INFORMATION WE HOLD
- Where applicable, privacy laws may give you the right to access and update the personal information we hold about you. In many cases, we can assist you promptly and informally with such requests. In other cases, we may seek to verify your identity and ask you to make your request in writing, and we may refuse such requests where the law allows us to do so. If for any reason you are concerned that the personal information we hold is not correct, please visit the website, log into your account and your personal information will be made available for review and change in the 'My Account' section. Only you or, upon your request, our customer care department at the store, may access your personal information from the website using your password and User ID. If for any reason you think that any other information we may hold about you is not accurate, up-to-date, complete, relevant, or is misleading having regard to the purpose for which it is held, please contact us at the information available on our website.
- OUR WEBSITES & THIRD-PARTY SITES
- Like many other websites, our websites may use ‘cookies’ from time to time. A cookie is a piece of information that allows our system to identify and interact more effectively with your browser. The cookie helps us to maintain the continuity of your browsing session and remember your details and preferences when you return. You can configure your web browser software to reject cookies, however some parts of our websites may not have the full functionality for that.
- Our websites may also use other services from time to time to understand more about traffic on our websites and to manage, improve, market and secure our websites.
- This policy does not apply to websites or services maintained by other companies or organisations to which we link or send data and we are not responsible for any personal information you submit to third parties via our website. Please ensure that you read the privacy policies of such other companies or organisations before submitting your details.
- APPLICATION OF PRIVACY LAWS
- QUERIES AND COMPLAINTS
- You can contact us if you have any questions or complaints about how we have handled your personal information. We may request additional details from you regarding your concerns, and we may need to engage or consult with other parties in order to investigate and deal with your issue. We may keep records of your request and any resolution. Please contact us using the contacts available on our website. Also, you can contact the Office of the Australian Information Commission via their website if you are not satisfied with how we are handling your issue.