Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.discerningdrinks.com website (the "Website") operated by The Discerning Drinks Company Pty Limited (ABN 67 632 546 082) ("us", "we", or "our").
Your access to and use of the Website is subject to your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the Terms then you should navigate away from the Website and not buy any products through the Website.
If you wish to buy any products made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting this information, you grant us the right to provide the information to third parties in order to process your Purchase.
The Website is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Website.
If for any reason you are not satisfied with your product, it will either be replaced for you, exchanged for a product of the same value, or the total amount will be refunded, providing goods are returned within 28 days of receipt. Cost of return shipping shall be the responsibility of the customer.
All prices stated are in Australian dollars and are inclusive of GST (Goods and Services Tax).
We reserve the right to change any advertised prices. These changes will not affect any order that is submitted before price changes are made.
We accept Mastercard and Visa and Paypal. Your order will be processed within 24 hours. Should credit card authorisation be unsuccessful, we will email you. Full payment will be debited from your nominated credit card or paypal account before the goods are dispatched to you.
RIGHT TO REFUSE
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product, errors in your order or other reasons.
In the interests of reducing fraudulent use of the payment system we reserve the right to refuse or reject any order sent to us.
To safeguard your credit card information we use Secure Socket Layers (SSL) a highly advanced security system which encrypts all ordering information so that no part of your order including your payment details can be read in transit. Please see our
All orders are shipped within 1-2 working days. If for any reason we are unable to ship your order within this time frame, we will notify you by email.
All Australian deliveries are made via domestic economy service at a flat rate.
UNABLE TO DELIVER
Delivery is to be made to a physical address that you shall provide. If for any reason we are unable to fulfill delivery requirements, we will contact you by email and you will have the option to provide an alternative delivery address for your goods or to cancel your order and have your money refunded in full.
No responsibility will be taken by Stuart Alexander & Co Pty Limited if you provide incorrect address details. If possible and if notified early enough to check the details before dispatching the order, we will make amendments to the delivery address.
PRODUCT AVAILABILITY, ERRORS AND INNACURACIES
We are constantly updating our products on the Website. The products available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
All products and services are subject to availability and may be withdrawn at any time. If your order cannot be fulfilled you will be notified within a reasonable time by email or fax and offered an alternative or given a full refund.
USE OF SITE AND INTELLECTUAL PROPERTY
You may use the content of this site only for the purposes of shopping on this site or placing an order and for no other purpose. Any unauthorized use of the content appearing on this site may violate copyright, trademark and other applicable laws.
The content and design of this Website is subject to copyright, which we reserve and own (or use under licence from someone else). Our brand (including any trademarks) may not be used in connection with any product or service without our prior written consent. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Permission is granted to electronically copy and to print hard copy portions of this site for the purpose of viewing recipes, placing an order with us or using this site as a shopping or viewing resource. Any other use of the content on this site including photography, including reproduction for purposes other than those noted above without our prior written consent, is strictly forbidden.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
When you create an account with us, we will collect information from you, including your name, address and contact details. The information you give us must be accurate, complete, and current at all times. If you do not provide us with the correct information, or if you provide us with any fraudulent information, we may cancel your account.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under or in connection with your account.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
LINKS TO OTHER WEB SITES
Our Website may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any third-party web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not mean that we endorse those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. You may also terminate your account with us at any time by cancelling your registration or simply by no longer using the Website.
Upon termination, your right to use the Website will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If any law requires us to provide notice of termination or cancellation to you, we may give prior or subsequent notice by sending a communication to any address (email or otherwise) that you provided us in connection with your account.
LIMITATION OF LIABILITY
Subject to our obligations under the Non-Excludable Provisions, our maximum aggregate liability to you in respect of any one claim or series of connected claims under these Terms in connection with the Website, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, or otherwise, is limited in aggregate to the total amount paid by you to buy products through the Website.
Subject to our obligations under the Non-Excludable Provisions:
- all content and services on the Website are provided ‘as is’ and without warranties of any kind, either express or implied;
- we expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- we do not warrant that the functions contained in any content or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of viruses or any other harmful components; and
- we do not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
If you register an account with us, you will be solely responsible for the following matters:
- your use of the Website;
- your use of the products you buy through the Website;
- placement or transmission by you of any message, content, information, software or other materials through the Website;
- your breach of any applicable related third-party contract or terms of service; or
- your breach of the law or of these Terms,
and you release and indemnify us (as well as our affiliates, supplier, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from these matters, except and to the extent where we are at fault.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In such a case, you must cooperate with us in our defence of such claim.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute your entire agreement between us regarding your use of our Website and supersede and replace any prior agreements we might have between us regarding the Website.
CHANGES TO THE SITE
Subject to the paragraph below, we reserve the right to make changes to the Website, policies and these Terms and Conditions at any time without notice to you. It is important that you regularly review the most up to date version of these Terms, as they will be the Terms on which you access and use this Website.
If you have an account with us, we will give you 30 days’ notice of any changes that we make to these Terms. If you object to the amended Terms, your only remedy, other than any remedy which cannot be excluded by law, is to stop accessing and using the Website.
If you have any questions about these Terms, please contact us at:
Phone number: 02 90631626
“The NSW Liquor Act 2007 (Liquor Act) prohibits the sale of liquor to persons under the age of 18 years. When placing an order, you will be asked to confirm that you are 18 years of age or over and to supply your date of birth. It is a condition of purchase that you verify that you are 18 years of age or over and that all the details that you have provided in completing the order and the offer to purchase the liquor are true and correct. If you do not confirm that you are 18 years or over, your order will not be processed.
You agree and acknowledge that your contract for the purchase of liquor through this website is made with TDDC as agent for the Licensee of Packaged Liquor Licence number LIQP770017626 (Licence). The sale of liquor from this website will be made at the licensed premises attached to the Licence at Unit 1, 13-15 Smail Street ULTIMO 2007 NSW (Licensed Premises). Your offer to purchase liquor (Offer), by placing an order through the website, is subject to acceptance by the Licensee, or TDDC as agent on its behalf, and receipt of satisfactory evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your Offer being ascertained and appropriated at the Licensed Premises.
Delivery of your order will not occur if doing so may make TDDC, the Licensee or the delivery contractor liable for a breach of the Liquor Act. This includes where the person accepting delivery of the order appears to be: intoxicated or affected by alcohol or a prohibited substance; under the age of 18 years and/or is unable to provide recognised proof of age identification; accepting the order on behalf of a minor; or a person who is otherwise considered inappropriate to receive the order.”