These Terms and Conditions, operated by The Home Bartender Pty Ltd (THB), ABN 83 616 664 996, govern the supply of any products ordered by you on the site and your use of the site. By browsing, accessing, or purchasing a product using the site, you agree to be legally bound by these Terms and Conditions.
Our goods come with warranties and guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced for free if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
1. Access and Use
1.1. You must use the website in accordance with these Terms and Conditions and any applicable law.
1.2. You must not, or attempt to, engage in malicious or dishonest activity. This non-exhaustively includes: 1.2.1.) interfering or disrupting the website’s servers; 1.2.2.) using data gathering or extraction tools on the website; and 1.2.3.) interfering with the website’s security or other features.
1.3. You must not associate our website in a way that damages or takes advantage of our reputation, non-exhaustively including: 1.3.1.) in a way to suggest or imply that we have consented, where there is none, to an association, affiliation, or endorsement; or 1.3.2.) in a way that is illegal or unfair.
1.4. This site may contain links to external websites that are not operated by us and you agree that no representations or warranties are made by us in connection with those links and that we have any responsibility or liability for those websites and that the provision of the links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
2. Intellectual Property
2.1. The website’s content is subject to copyright, trademarks and other intellectual property rights. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish any of the material on the website, unless permitted by law or with our prior written consent.
2.2. Information relating to goods on the website is based on material provided by third-party traders, suppliers and manufacturers. Except as required by law, we are not responsible for inaccuracies or errors caused by incorrect information supplied to us.
3.1. In placing an order, you agree to 3.1.1.) provide accurate and current personal information; 3.1.2.) being at least 18 years of age with the capacity to enter into a legally binding agreement; and 3.1.3.) not engage in dishonest and prohibited activities relating to your order, such as re-selling purchased products.
3.2. All prices are quoted in Australian (AUD) dollars. Payment is accepted via Visa, Mastercard and American Express, unless otherwise agreed upon. However, alternative payments may be subject to processing fees as reasonably decided by us.
3.3. We may terminate a contract for any reason prior to it being processed, such as if a product is not available for any reason or if we suspect dishonest activities. We will notify you if this is the case and return any payment you have made.
3.4. You may cancel your order prior to it being processed - i.e. upon your order being picked up for delivery to your delivery address - through contacting us at email@example.com, However, an $11 fee may be incurred where reasonably applicable.
3.5. Once an order has been processed it cannot be cancelled, unless we expressly agree otherwise via written consent.
4.1. We currently only deliver to addresses within 20km of our headquarters in Prahran, Victoria 3181. If your suburb is within the 20km radius, but unsupported during the checkout process, please contact us at firstname.lastname@example.org.
4.2. While we aim to deliver products to your provided delivery address within the time indicated at checkout, we cannot guarantee that there will be no reasonable or unexpected delays experienced by us or our contracted couriers.
4.3. We will endeavour to inform you if we expect to be unable to meet our estimated delivery date. However, to the extent permitted by law, we will not be liable for any losses, liabilities, costs, damages, charges or expenses you may incur from a late delivery.
4.4. You may grant us an “authority to leave” when placing your order. In doing so, you understand and agree that this notice gives us and our couriers permission to leave the order in question unattended by the front door – or, where applicable, at the reception or concierge's desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery. In these circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for any order delivered and left unattended, and that responsibility and liability concerning the products in question are transferred to you.
4.5. You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If delivery or collection is unreasonably delayed by you or your appointed agent, the order may be returned to our headquarters and administrative fees incurred by yourself for any inconvenience caused, such as re-delivery and storage. However, failure to take receipt of an initial order may alternatively see us no longer make the product available for delivery or collection and notify you that we are cancelling the applicable contract, in which case we will provide a refund minus our reasonable administration charges.
4.6. You must take care to provide the correct information required for processing and delivering your order. We accept no responsibility for mis-deliveries which occur as a result of you providing incorrect details. If we are unable to deliver to an incorrect or incomplete address and the order is returned to THB headquarters, redelivery is permitted provided you cover the redelivery fee and any associated and reasonable administrative fees incurred from the mis-delivery.
4.7. You must take reasonable care when opening the product so as not to damage it. Any damage that occurs following receipt of the order will not be covered or replaced by us, other than circumstances in which we are required to provide a remedy under Australian Consumer Law.
5.1. We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact us as soon as possible at email@example.com. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
5.2. If the product is confirmed to have a minor defect, we will replace the product. If the product is confirmed to have a major defect, we will provide a replacement or refund. Where defects are confirmed, all shipping return costs will be borne by us.
5.3. Returns may not be provided for: 5.3.1.) reasonable wear and tear; 5.3.2.) misuse or failure to use in accordance with the instructions provided by us or the relevant manufacturer; 5.3.3.) failure to take reasonable care in respect of handling or using the goods; or 5.3.4.) incorrect order or change of circumstances for which the order was made.
6. Liability and General Matters
6.1. In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
6.2. We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss. This document does not intend to exclude, restrict or modify any right protected by Australian law to the extent that such an exclusion, restriction or modification would render this document, or any of its provisions, void, illegal or unenforceable. Save for in relation to claims you make under the Australian Consumer Law, the maximum amount we will be liable to you in connection with any claim(s) you make in relation to your use of our sites and buying products from us is limited in aggregate to the amounts you have paid us for the provision of goods or services. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
6.3. If any provision of this document is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. Headings are for reference purposes only and do not form part of this document.
6.4. We take no responsibility, and will not be liable, for the website being temporarily unavailable due to technical issues beyond our control.
7. Mediation and Dispute Resolution
7.1. In the event of any dispute under these Terms and Conditions, the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference arising out of, or in connection with these Terms and Conditions, which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
8. Changes to the Terms and Conditions
We may amend these Terms and Conditions from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments. The current version will be posted on our website and an up-to-date copy may be obtained by contacting us at firstname.lastname@example.org.
(Last Updated 4th June, 2018)