THE DROP STORE – TERMS & CONDITIONS
- 1.1. These terms and conditions were last amended on 27/08/2020. By continuing to use our site or placing an order, you are agreeing to the terms and conditions below. We reserve the right to alter these terms and conditions at any time. Please check these terms each time you order with us.
- 1.2. Any other terms, conditions or representations (other than those made fraudulently or implied by statute) are excluded.
2. Age restriction
- 2.1. You must be of legal drinking age or older to set up a shopping account or make purchases from our website. It is a condition of purchase that you are of legal drinking age or older and we reserve the right to withhold the delivery (or have our courier withhold delivery) of alcoholic drinks to persons who appear under the legal drinking age and cannot prove that they are of legal drinking age or older, or appear to be under the influence of alcohol.
3. Online account
- 3.1. You do not have to create an account to checkout, but it does make it quicker if you order from us again. You confirm that the information in your account including your contact details and delivery information and any other information you have provided to us in connection with your order is true, accurate and correct. You must give a valid delivery address within Australia.
4. Images / descriptions / accuracy
- 4.1. We try to ensure that any details, descriptions and prices displayed are accurate but sometimes errors can occur. Photographs are for guidance only. Bottle shape, appearance, labels and colours may vary slightly.
- 5.1. Prices shown include any GST. We will always try and update our website with current GST rate pricing. You will always be charged the current prevailing rate on the day of your delivery. We reserve the right to alter prices of products without notice.
6. Product availability
- 6.1. Some products and offers may not be available to all regions. We reserve the right not to sell certain goods to any person to which, or in any location where, the sale of certain goods is restricted or prohibited whether by law or otherwise.
7. Ordering and payment
- 7.1. Payment in full must be made at time of order. We accept payment by credit or debit card (Visa, MasterCard, Delta/Connect, Visa Debit / Switch). We do not accept payment by cash, cheques or Paypal.
- 7.2. In the event of any subsequent non-authorisation of your payment, we shall cancel your order and notify you that it cannot be processed.
- 7.3. We will send you an order confirmation by email when you have placed your order and payment has been taken. This is not a confirmation that your order has been accepted by us. Our contract will be formed at the point we have completed delivery of the products to you.
- 7.4. All products are subject to availability.
- 7.5. As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under our Returns Policy.
8. Special offers / free gifts / discounts
- 8.1. Occasionally we may offer free gifts, or limited time offers. These are strictly subject to any specified date period and in the case of free gifts, strictly subject to availability. We offer no replacement or reimbursement if any free gift is unsuitable.
- 8.2. Our website offers great pricing, but from time to time we may issue an additional discount code which may be subject to additional terms and conditions which will appear on our website. Only one discount code of any type may be used per order. Where discount codes are misused, we reserve the right in our absolute discretion to cancel any order(s) or not apply the discount and take full payment for the order.
- 8.3. We reserve the right to amend or withdraw special offers, free gifts or discount codes at any time.
- 8.4. Discount codes cannot be redeemed with any item that is already discounted or part of a bundle with a save.
- 8.5 Discount codes can only be applied to items that are full price.
9. Dispatch and delivery
- 9.1. Free standard delivery is available on all orders over $80 going to an address within Australia. Order value is calculated after all discounts have been applied. This will automatically be applied at checkout. Delivery charges are currently $10 for all Orders under $80 for delivery in Australia.
- 9.2. We will usually process and dispatch an order within 1 working day of receipt of confirmed order (and payment). You will receive tracking information to enable you to track your parcel delivery.
- 9.3. Deliveries within Australia usually take 3 working days after our dispatch of an order, but can take up to 5 days. Delivery times stated are an estimate only. We deliver by Auspost or other appropriate carrier If you do not receive your order within 5 working days, please email us at firstname.lastname@example.org quoting your order number and we shall make enquiries.
- 9.4. We are unable to deliver to schools or PO boxes. Delivery can only be accepted by someone of legal drinking age or older. Proof of age, identity and/or a signature may be required on delivery.
- 9.5. Ownership of the products and risk in them will pass to you as soon as we have delivered to the nominated delivery address
- 9.6. We accept no liability for late or delayed orders, save as to where such loss or delay can be reasonably determined as attributable to ours or our courier’s negligence.
- 9.7. Please take extra care when opening your parcel. We pack orders in air bags which hold the contents tight and safe whilst in transit. We recommend that the bag be pierced or cut so it is easier to take the bottle(s) out. We will not be held responsible for any loss, damage or breakages that occur if this instruction is not followed or where you cause or contribute to the loss. damage or breakage.
10. Cancellations / amendments to orders / changing your mind / returns
- 10.1. If you wish to cancel or amend your order before your order is dispatched, or have received a damaged or faulty product, please follow the instructions below:
- You must quote your order number
- Wait for a returns authorisation code;
- Package up the product(s) in the original packaging and return them;
- Include a slip with the returns authorisation code clearly stated;
- Use a secure/recorded method of postage.
- We will refund the original payment method within 3-5 days of receipt and checking of returned package.
- 10.2. Changed mind – ON RECEIPT OF ORDER
- Email: email@example.com
- You must quote your order number.
- You have 14 days from receipt to change your mind. Unless faulty, products cannot be returned outside of this period
- Wait for a returns authorisation code.
- Package up the product(s) in the original packaging and return them.
- Include a slip with the returns authorisation code clearly stated
- Use a secure/recorded method of postage
- We will process the refund or exchange within 3-5 days of receipt of the package.
- 10.3. Faulty or damaged product
- Email: firstname.lastname@example.org
- You must quote your order number.
- Please include a photograph of the issue.
- 10.4. If we require the goods to be returned:
- Wait for a returns authorisation code
- Package up the product(s) in the original packaging and return them.
- Include a slip with the returns authorisation code clearly stated.
- Use a secure/recorded method of postage (which we will advise on and reimburse the reasonable costs of)
- You can choose replacement product(s) to the same value or a refund to the original payment method
- 10.5. If we do not require the goods to be returned
- Please dispose of them carefully.
- You can choose replacement product(s) to the same value of the goods less shipping costs or a refund to the original payment method
- We will process the refund or exchange within 3-5 days of receipt of the package where product(s) are being returned, or 3-5 days in all other circumstances.
- 10.6. You must take reasonable care of any product(s) to be returned to us. We will not accept returns of products which have the seal broken, have been opened or consumed, unless the product is faulty. Returns must be made in the original packaging. You must clearly state the authorisation code and reason for returning the product(s) somewhere within the package.
- 10.7. We will not accept responsibility for goods lost, stolen or damaged during their return. We also do not accept any responsibility for postal costs unless the goods were found to be faulty on arrival and a receipt for postage is included. We recommend that you return goods by a signed for / tracked method. Save as when the goods were found to be faulty on arrival the product(s) must be returned undamaged and in the original packaging.
11. Limitation of Liability
- 11.1. Terms, conditions, warranties and guarantees implied by law (including the Competition and Consumer Act 2010 (Cth)) may apply to these terms and conditions to the extent required by those laws (Non-Excludable Guarantees). Nothing in these terms and conditions (i) restricts, excludes or modifies, or purports to restrict, exclude or modify, any Non-Excludable Guarantee, or (ii) excludes or limits our liability for death or personal injury caused by its negligence or for fraud on the part of us.
- 11.2. To the maximum extent permitted by law, and save as otherwise expressly agreed by us, all other conditions and warranties (express and implied, statutory or otherwise) are excluded to the fullest extent permitted in law.
- 11.3. Subject to clause 11.1, where we are permitted to limit your remedy against us for (i) breach of a Non-Excludable Guarantee, or (ii) otherwise under these terms and conditions, your remedies in respect of any claim regarding any condition or warranty implied by law or any other claim in respect of the goods or any workmanship in relation to them (whether or not involving negligence on our part) shall, in all cases, be limited (at our election) to:
- i. in the case of goods: replacement of the goods or the supply of equivalent goods, or payment of the cost of replacing the goods or acquiring equivalent goods, or refund of the purchase price; or
- ii. in the case of services: either resupplying the services or payment of the cost of having the services supplied again, or refund of the purchase price.
- 11.4. We shall not be liable to you if relevant goods have been tampered with or have been improperly handled or stored by you, or for any other loss or damage which is caused by your action or inaction.
- 11.5. A claim in respect of any defect or failure to comply in respect of any delivery or supply of any order or any part of it shall not entitle you to cancel or refuse delivery of or payment for any other order or delivery or supply or any part of the same order. 1
- 1.6. You acknowledge that our website is made available to you on an "as is" “as available” basis and we do not make any warranty or representation as to the suitability of the website for your purposes, that your access to the website will be uninterrupted or error free, that any defects will be corrected immediately, or in respect of anything (including content and other websites) which may link to our website from time to time.
- 11.7. To the maximum extent permitted by law, our maximum liability to you in relation to any order you place via our website is limited to the value of that order actually paid to us.
- 11.8. Other than for matters that we are unable to exclude at law, we shall not be liable to you for any loss of profit, damage to goodwill, any indirect or consequential loss or damage, howsoever caused, arising out of or in connection with the supply of goods under these terms and conditions.
12. Force majeure
- 12.1. Where a force majeure event results in any delay in our performance or failure to perform our obligations, we shall not be deemed to be in breach of these terms and conditions. A force majeure event shall be considered to include but not be limited to, fire, flood, act of God, strike(s), riot, accident, disruption to energy supplies, civil commotion, act of terrorism or war, breakdown of equipment or road traffic problems.
13. Use of our website / intellectual property
- 13.1. You must not attempt to hack into our website, attempt to post content which is in any way offensive or obscene, nor use our website to distribute any kind of computer virus. You are not permitted to link to our website from any of your own sites or business pages without our prior written approval. Sometimes we may include links on our website to other sites which are not controlled by us. If you click on those links you accept that we are not responsible for any content on them.
- 13.2. All content, copyright, trademarks and all other intellectual property rights in any and all material on our website belongs to us or third-party licensors and brand owners. All rights are reserved. You must not copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on our website without our prior written permission.
- 13.3. You may only use our website for personal, non-commercial purposes.
14. Data Protection
- 14.1. We process data collected through our website in accordance with the Privacy Act 1988 (Cth).
- 14.2. If you choose to receive marketing information from us, we shall provide this in line with the Privacy Act 1988 (Cth). You can change your preferences at any time.
- 15.1. We aim to ensure that all products sold on our website comply with your legal rights: that they are of satisfactory quality, fit for purposes of human consumption and match their description.
- 15.2. We do not supply products for resale. All products supplied are for your own use. We may stop orders which we reasonably consider may be resold.
- 15.3. Each of the paragraphs of these terms and conditions operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 1
- 5.4. If we do not insist that you perform any of your obligations, or we do not enforce our rights against you or delay in doing so, that will not mean that all our rights are waived.
- 15.5. We may transfer our rights and obligations under any order to another organisation, but that will not affect your rights or obligations.
- 15.6. These terms and conditions shall be governed by the laws of the State of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of the State of New South Wales. [Unit 4, 37 William Street, North Richmond, NSW 2754]
16. About us
We are: www.thedropstore.au.com, Unit 4, 37 William Street, North Richmond, NSW 2754
Contact email: email@example.com