This Agreement is a contract between the customer ("You") and Liquorland Australia Pty Ltd ABN 82 007 512 414 ("liquorlanddirect.com.au"), registered office, 800 Toorak Road, Tooronga, Victoria.

All orders are processed and distributed by Liquorland Direct Pty Ltd. Our offers are transmitted from our licensed premises at Level 1, 24 Wellington Street, Waterloo, NSW (Off Licence (Retail) No. 353368); Shop 128, 354 Tooronga Road, Hawthorn East, VIC (Packaged Liquor Licence No. 32006002); 27 Cavenagh Street, Darwin, NT, (Licence No. 81000258); Cnr Ann & Commercial Roads, Fortitude Valley, QLD (Licence No. 079861626); 366 George St, Brisbane, QLD (Licence No. 41114909); 95 Nicholson Road, Shenton Park, WA (Licence No. 6030003046); 245 Unley Road, Malvern, SA (Licence No. 50400828); or 15 Dalmore Drive, Scoresby, VIC, (Licence No. 33720748).

Persons under 18 years of age are not permitted to place orders for alcohol.

liquorlanddirect.com.au supports the responsible service of alcohol.

We set out below the terms and conditions under which You may purchase products from liquorlanddirect.com.au.

Please read the following terms and conditions carefully before placing your order with liquorlanddirect.com.au.

By completing the customer application process and using the liquorlanddirect.com.au service, You acknowledge that You have read and understood the terms and conditions and agree to be bound by the terms and conditions of this Agreement.

1. INTERPRETATION

In these Conditions:

"Agreement" means an agreement between You and liquorlanddirect.com.au to supply Goods. The Agreement consists of the Order and these Conditions.

"Conditions" means these Conditions and any agreed written variations.

"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.

"FlyBuys " means the FlyBuys customer loyalty program.

"Your Wine Club " means liquorlanddirect.com.au's wine club.

"Goods" means Goods described in an Order and includes packaging.

"Intellectual Property Rights" Includes all rights in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts and any other intellectual or industrial property rights, whether arising under statute or otherwise.

"Licensed premises " means Liquorland Australia Pty Ltd's licensed premises at 15 Dalmore Drive, Scoresby, VIC, (Licence No. 33720748); Level 1, 24 Wellington Street, Waterloo, NSW (Off Licence (Retail) No. 353368); and Shop 128, 354 Tooronga Road, Hawthorn East, VIC (Packaged Liquor Licence No. 32006002); Cnr Ann & Commercial Roads, Fortitude Valley, QLD (Licence No. 079861626); 95 Nicholson Road, Shenton Park, WA (Licence No. 6030003046); or 245 Unley Road, Malvern, SA (Licence No. 50400828, referred to jointly and severally as the context requires.

"Order" means an order by You to purchase Goods from liquorlanddirect.com.au.

"Personal Details " includes, but is not limited to Your name, Delivery Address and payment details.

"Product List" means the list of Goods displayed on the liquorlanddirect.com.au website as amended from time to time.

"Service Fee" means the fee payable to liquorlanddirect.com.au in respect of delivery of the Goods and handling costs associated with processing your Order as advised by liquorlanddirect.com.au from time to time.

2. THE AGREEMENT

2.1 What is the Agreement?
The entire Agreement between You and liquorlanddirect.com.au for the purchase of Goods by You from liquorlanddirect.com.au is:(a) these Conditions; and (b) the terms of the Order.

2.2 When the Agreement is formed
An agreement exists between You and liquorlanddirect.com.au once liquorlanddirect.com.au receives and accepts an order at its Licensed Premises. No obligation to sell or supply the Goods will arise until the Order is received and accepted at Licensed Premises. Each Order may be accepted by liquorlanddirect.com.au in its absolute discretion. liquorlanddirect.com.au is authorised to unconditionally appropriate the liquor to the Order at the Licensed Premises on acceptance of the Order. Each Order is a separate Agreement.

2.4 Set-Off
If You owe money to liquorlanddirect.com.au under one agreement, liquorlanddirect.com.au may set-off that money against any money that You owe to liquorlanddirect.com.au under another agreement. If liquorlanddirect.com.au owes money to You under one agreement liquorlanddirect.com.au may set-off that money against any money that it owes You under another agreement.

3. PURCHASE ORDERS & DELIVERY OF GOODS

3.1 Delivery area
In order to purchase Goods from liquorlanddirect.com.au, the Delivery Address which You nominate will need to be within a location where liquorlanddirect.com.au provides delivery services. liquorlanddirect.com.au will advise You if the Delivery Address which You nominate ceases to be in an area where liquorlanddirect.com.au delivers goods. liquorlanddirect.com.au 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 liquorlanddirect.com.au delivers goods.

3.2 Orders
You will place an Order with liquorlanddirect.com.au by:

a) selecting Goods on liquorlanddirect.com.au's website, entering your Personal Details and pressing the "submit" button; or

(b) selecting Goods and instructing liquorlanddirect.com.au by telephone that you wish to purchase the Goods, and providing your Personal Details to liquorlanddirect.com.au; or

(c) selecting Goods and instructing liquorlanddirect.com.au by facsimilie that you wish to purchase the Goods, and providing your Personal Details to liquorlanddirect.com.au; or

(d) selecting Goods and instructing liquorlanddirect.com.au by e-mail that you wish to purchase the Goods, and providing your Personal Details to liquorlanddirect.com.au; or

(e) selecting Goods and instructing liquorlanddirect.com.au by regular mail that you wish to purchase the Goods, and providing your Personal Details to liquorlanddirect.com.au.

Orders will not be accepted until they are validated and processed during licensed trading hours. Placing an Order does not constitute acceptance to supply. liquorlanddirect.com.au reserves the right to restrict Orders to retail quantities only.

3.3 Authorised receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed by liquorlanddirect.com.au to be authorised to receive the Goods on Your behalf. liquorlanddirect.com.au may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. liquorlanddirect.com.au will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years or to persons who fail to provide proof of age satisfactory to liquorlanddirect.com.au that the person is aged eighteen (18) years or over.

3.4 Delivery Requirements
liquorlanddirect.com.au is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:

(a) to the adult person who placed the order, or

(b) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or

(c) if delivery takes place on a day following the placing of an order, in accordance with the customer's instructions, but always to a person over the age of 18 years.

The person responsible for delivering liquor may refuse to deliver the liquor to any person who fails to provide proof of age satisfactory to the person responsible that the person is aged eighteen (18) years or over.

3.5 Additional Delivery Fee
If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered liquorlanddirect.com.au may charge You and You may be required to pay an additional fee.

 

4. REGULAR DELIVERY PLANS

(a) Joining the regular delivery plan means that You will automatically receive regular wine dozens 4 times per year at 3 monthly intervals in accordance with Your first delivery (unless You advise otherwise). The regular delivery plan means You will receive a similar mix of wines of a similar quality at the same price as Your original order, until You advise us otherwise.

(b) When You join the regular delivery plan You agree that liquorlanddirect.com.au reserves the right to pass on to You any increase in government taxes or delivery/insurance charges.

(c) You are able to skip or cancel Your regular deliveries at any time prior to despatch.

(d) By submitting Your regular wine delivery order You authorise liquorlanddirect.com.au to enrol You in Your Wine Club 's regular delivery plan and accept that liquorlanddirect.com.au will debit Your card account with the cost of Your wine and freight charges as they occur.

(e) If You cancel before your second delivery, You will forfeit any joining bonus.

(f) FlyBuys bonus points will be allocated only after complete payment for wine. If you cancel out of the wine plan before full payment, your credit card will continue to be debited until full payment is received by liquorlanddirect.com.au.

5. RISK & TITLE

5.1 Risk and Title
Risk in the Goods passes to You upon delivery of the Goods to the Delivery Address.

5.2 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the liquorlanddirect.com.au customer service centre on 1300 300 640 and a customer service consultant will assess Your request for a credit or refund of the purchase price.

6. PRICE OF GOODS & PAYMENT

6.1 Price of Goods
Subject to clause 7.2 the price You shall pay for the Goods shall be the price specified on the Product List. You also agree to pay the delivery and handling fee (where applicable) in respect of each Order and all taxes, including goods and services tax, which liquorlanddirect.com.au is required to collect from You.

6.2 Variation
liquorlanddirect.com.au's prices are subject to variation without notice. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.

6.3 Method of payment
You shall pay for the Goods at the time of despatch. You may use Your credit card (MasterCard, Visa, American Express, Diners and Coles Group Card.). Cheques are not accepted as a method of payment. liquorlanddirect.com.au does not accept cash payment for the Goods.

7. OUT OF STOCKS & SUBSTITUTION

7.1 No rainchecks
liquorlanddirect.com.au will not provide rainchecks in respect of Goods ordered by You.

7.2 Substitution policy
liquorlanddirect.com.au will use its best endeavours to ensure that all Goods ordered by You are supplied to You. If the Goods ordered by You are not available in stock, where possible liquorlanddirect.com.au will supply you with a comparable product of equal or greater value.

8. PACKAGING & LABELING OF GOODS

liquorlanddirect.com.au aims to include in the Product List up-to-date pictures of the Goods. At times, the pictures of the Goods on the Product List are for illustrative purposes only. liquorlanddirect.com.au does not warrant the accuracy of the information contained in the Product List and recommends that You read the labels on Goods carefully before consuming the Goods.

9. LICENCE

You are licensed to use the liquorlanddirect.com.au website on your computer for Your use in identifying goods for purchase. You acknowledge that You are not permitted to make any other use of the liquorlanddirect.com.au website unless given prior written authorisation by liquorlanddirect.com.au.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 You acknowledge that liquorlanddirect.com.au or its related corporations own or are licensed to use all Intellectual Property Rights in liquorlanddirect.com.au (including, but not limited to, any images, photographs or text which appears on the website). You agree that You will make no representation to the contrary, and that You must not use or copy liquorlanddirect.com.au in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.

10.2 You acknowledge that any trade marks or logos which appear on the liquorlanddirect.com.au website are owned by or licensed to liquorlanddirect.com.au or its related corporations, and that You must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

11. LIABILITY

11.1 You acknowledge that liquorlanddirect.com.au's service is provided "AS IS" and that liquorlanddirect.com.au is not making and has not made any warranty or representation as to liquorlanddirect.com.au's suitability of Goods for any particular purpose. You agree that in using liquorlanddirect.com.au, You are not relying on any statement or representation made by liquorlanddirect.com.au which is not expressly contained in this Agreement.

11.2 To the extent permitted by law, You agree that any liability of liquorlanddirect.com.au arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of liquorlanddirect.com.au will, at the election of liquorlanddirect.com.au be limited to:

(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and

(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

11.3 You agree that the entire risk arising out of installation, downloading, use or performance of liquorlanddirect.com.au remains with You. To the extent permitted by law, You release and discharge liquorlanddirect.com.au and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with liquorlanddirect.com.au or this Agreement, including, without limitation, loss or damage caused by the negligence of liquorlanddirect.com.au or its related corporations.

12. SECURITY

If you are issued with a PIN or password by liquorlanddirect.com.au You agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and forever indemnify liquorlanddirect.com.au in relation to any liability howsoever arising out of the unauthorised use of your PIN or password.

13. NOTIFICATION OF CHANGES

liquorlanddirect.com.au may add to, delete, or otherwise change any of the terms of this Agreement. liquorlanddirect.com.au will notify You of any substantial changes to these terms and conditions as provided in clause 15. Your use of the liquorlanddirect.com.au service after notice will constitute Your deemed acceptance of such changes.

14. PRIVACY AND SECURITY

liquorlanddirect.com.au reserves the right to disclose information regarding liquorlanddirect.com.au members and use of the liquorlanddirect.com.au service to third parties providing that the information will not specifically identify You or any personal information supplied by You, except in the delivery of Your Goods.

liquorlanddirect.com.au is committed to protecting Your privacy. For further details review our privacy policy.

liquorlanddirect.com.au abides by the National Privacy Principles.

15. TERMINATION

liquorlanddirect.com.au may terminate this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that your shopping privileges have been removed. If this occurs, please contact liquorlanddirect.com.au customer service centre on 1300 300 640. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.

16. NOTICES

liquorlanddirect.com.au may give notice to You by electronic mail or by regular mail to your address contained in the membership registration information provided by You. You may give notice to liquorlanddirect.com.au by electronic mail to customerservice@liquorlanddirect.com.au.

17. PROMOTIONS & CLEARANCES

All specials, promotions, clearances, offers and discounted items advertised on the liquorlanddirect.com.au website are available only while stocks last unless otherwise advertised. All terms and conditions of specials, promotions, clearances, offers and discounted items advertised on liquorlanddirect.com.au website shall apply.

Specials, promotions, clearances, offers and discounted items appearing on liquorlanddirect.com.au are not available in all areas.

To accommodate changes to Queensland’s tobacco laws, FlyBuys points will no longer be awarded for purchases of tobacco and related products in Queensland. These changes will commence from 31st December 2005.

18. PRODUCT AVAILABILITY

Due to Liquor Licensing restrictions certain Goods will not be available for sale in the following areas; South Hedland, Kununarra, Broome, Chinatown, and Seaview.

Due to a Licensing Accord certain products will be unavailable for purchase during certain times in Kalgoorlie.

liquorlanddirect.com.au reserves 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.

19. MISCELLANEOUS

19.1 Provisions are severable
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

19.2 New South Wales law applies
The laws of New South Wales govern this Agreement.

Delivery charges apply to all products sold unless otherwise specified.
Fly Buys points quoted include both standard and bonus points.
All wines are 750ml unless otherwise stated.

NSW 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.
VIC Liquor Control Reform Act 1998: Warning - Under the Liquor Control Reform Act 1998 it is an offence - To supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).
WA the Liquor Control Act 1998:Warning - Under the Liquor Control Act 1998 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.

WA: Licence No. 6030003046, Type of licence - Liquor store, Name of licensee - Liquorland (Australia) Pty Ltd, Address - 95 Nicholson Road, Shenton Park, WA, Telephone number - 08 9381 6555.

All orders are processed and distributed by Liquorland Australia Pty Ltd ABN 82 007 512 414. Our offers are transmitted from our licensed premises at 388 Military Road, Cremorne, NSW 2090 (Licence No. 350741); Shop 1, 2 The Centre Way, Mount Waverley, 3149 (Licence No. 32004408); 27 Cavenagh Street, Darwin, NT, (Licence No. 81000258); 10 Sylvan Road, Toowong, QLD 4066 (Licence No. 80057); 95 Nicholson Road, Shenton Park, WA (Licence No. 6030003046); 245 Unley Road, Malvern, SA (Licence No. 50400828).