Terms of service
Thank you for visiting https://www.pecheydistilling.com/ (the Site) (which may be available through other addresses or channels), which is owned by Pechey Distilling Co. Pty Ltd ABN 78 658 993 992 (Pechey Distilling/we/us/our).
These terms and conditions create a contract between Pechey Distilling and the person who accesses or views this Site (you) (which includes, in the case of a minor (as per the age of majority in the jurisdiction in which they reside) (a Minor), their legal parent or guardian), which is comprised of these terms (the Agreement). Please read the Agreement carefully.
The Agreement applies to the access to and/or the use of the Site, the online store accessible at https://www.pecheydistilling.com/s/order (the Store) any purchase that you make from Pechey Distillery (either through the Site, Store or otherwise) and the use of the information services and content provided through this Site.
By accessing and using this Site, you are agreeing to comply with and be bound by the terms of the Agreement and you confirm that you are 18 years of age or over. If you do not agree to the terms of the Agreement, you must immediately cease using the Site and/or Store and may not access or use the Site or the Store or the services which we provide.
1. THE CONTENT
1.1 The ‘Content’ is, collectively and severally, any services, advice, goods, products, content including descriptions, commentary, photographic images and videos and features made available through the Site or the Store, including but not limited to an online ordering platform, payment platform and product listings.
1.2 Any Content provided should not be considered to be professional advice and we strongly recommend that you engage appropriate professional advisors prior to acting on the information in any Content.
1.3 Pechey Distilling grants to you, and you accept, a non-exclusive, non-transferable, limited licence for you to use the Content strictly in accordance with this Agreement.
1.4 The licence provided under this Agreement is personal to you and you must not re-sell, sub-license, rent, lease or otherwise distribute the Content. All other rights in respect of the Content is reserved to us.
1.5 You may only use the Content for personal, non-commercial purposes.
1.6 To use our Site, Store or Content, you need compatible hardware, software (latest version recommended and sometimes required) and internet access (fees may apply). Our Site and Store’s performance may be affected by these factors.
1.7 You acknowledge that the terms of agreement with your respective internet and/or mobile network provider (Network Provider) will continue to apply when using the Site or the Store. As a result, you may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the Site or Store or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or device being used to access the Site or Store, you will be assumed to have received permission from the bill payer.
1.8 Your right to use the Site and/or the Store is subject to your ongoing compliance with all provisions of this Agreement.
1.9 Our Site and Store may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
1.10 We may add to, alter, change, temporarily suspend or withdraw partially or completely any parts of the Site, the Store and/or the Content at any time without notice to you, in our sole discretion
2. ADDITIONAL LIMITATIONS OF LIABILITY
2.1 In relation to your use of the Site, Store and Content, the following limitations of liability apply:
(1) you acknowledge, represent and agree that:
(a) you are 18 years of age or older; and
(b) we may require, and you agree to provide, reasonable information or documentation from you to prove you are 18 years of age or older;
(2) you acknowledge and agree that Pechey Distilling will not be liable to you or any other persons for:
(a) your use (or misuse) of the Site, Store or Content;
(b) any loss or damage of any kind that is directly or indirectly caused by or results from your use of the Store, Site or Content; or
(c) any direct, incidental, special or consequential damages, including loss or profits or anticipated profits, even if notified of the possibility of that potential loss or damage;
to the extent that it is not directly caused by Pechey Distilling’s wilful or negligent act or omission;
(3) to the fullest extent permitted by law, you release Pechey Distilling from any claim, loss, damage or other liability incurred by you in relation to your use of the Site, Store or Content, except to the extent arising from the negligent or wilful acts or omissions of Pechey Distilling;
(4) Pechey Distilling does not represent or guarantee that the Site, Store or Content will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Pechey Distilling from any liability relating thereto;
(5) you assume full responsibility for backing-up and/or otherwise protecting your data in the Site or the Store against loss, damage or destruction;
(6) Pechey Distilling is not responsible for data charges you may incur in connection with your use of the Site, Store or Content; and
(7) you indemnify Pechey Distilling against:
(a) any and all loss, expense or damage we incur (including legal costs on an indemnity basis); and
(b) any and all liabilities we incur;
directly or indirectly caused by,or resulting from any breach of this Agreement or from any wrongful, wilful or negligent act or omission by you.
2.2 You acknowledge and agree that this Agreement’s limitations of liability in clause 2.1 are essential to Pechey Distilling and Pechey Distilling would not have entered into this Agreement in their absence.
2.3 Any representation, warranty, condition or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
2.4 Despite clauses 2.1 and 2.3, nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
2.5 To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited to, at our option:
(1) the supply of the Content provided for under this Agreement; or
(2) the payment of the cost of having the Content supplied again.
3. INTELLECTUAL PROPERTY
3.1 You agree that the Site and Store, including but not limited to the Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Site, Store or Content contain proprietary information and material that is owned by Pechey Distilling and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Site, Store or Content for personal, non-commercial uses in compliance with this Agreement.
3.2 No portion of the Content may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Content in any manner, and you shall not exploit the Content in any manner not expressly authorised. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
3.3 If you believe that any Content available through the Site or Store infringes the copyright claimed by you, please contact Pechey Distilling.
4. ORDERS
4.1 Orders placed through the Site and/or the Store are subject to acceptance by us (the Order). Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure.
4.2 Acceptance is subject to payment being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant product or service that is the subject of the Order (the Goods).
4.3 You acknowledge and agree that:
(1) the Order may be made up of Goods that contain alcohol; and
(2) for any products ordered which are advertised as containing a mix of goods which we offer, the Order will be made up of any mix of available products offered by us, to be filled in our sole discretion unless specifically requested by you and agreed to by us in writing.
4.4 We may refuse acceptance of an Order that contains alcohol if we know or reasonably believe that you are not 18 years of age or over, or if you fail to provide satisfactory information or documentation with regards to your age.
4.5 A contract (which is separate to this Agreement) for the supply of Goods is made when you place an Order for the Goods from Pechey Distilling, and that contract is subject to the terms contained in this Agreement.
4.6 Any order placed on a weekend or public holiday may not be processed until the next business day.
4.7 Pechey Distilling may be unable to supply some or all of the Goods for whatever reason, in which case Pechey Distilling may (in Pechey Distilling’s sole discretion) substitute those Goods with a similar product, you will not be charged for the Goods ordered, or if you have been charged, you will be refunded.
4.8 Nothing in this Agreement discharges your obligation to carefully review ingredient information stated on any Goods which form the Order and to follow any dietary restrictions which you may have.
4.9 You release Pechey Distilling in relation to any claim, loss, damage or injury (personal or otherwise) caused as a result of your consumption of any Goods contained in an Order, except to the extent that such claim, loss, damage or injury is caused by our gross or wilfully negligent act or omission.
5. PRICES AND PAYMENT
5.1 Unless otherwise specified, all prices shown in the Store will exclude GST.
5.2 Pechey Distilling may use a payment gateway or other online payment platform (the Payment Platform) for all financial transactions entered into when placing an Order via the Store, and if the Payment Platform is used by Pechey Distilling:
(1) you acknowledge that you agree to any terms and conditions relating to a third-party arrangement when using the Payment Platform when placing an Order via the Store;
(2) Pechey Distilling is not able to access your credit card or other financial details and you agree that Pechey Distilling will not be held liable for any loss you incur arising from your use of the Payment Platform; and
(3) you acknowledge that any terms and conditions relating to the Payment Platform do not form part of these Terms and Conditions and that any such arrangement creates a separate contract between you and the provider of the Payment Platform to which Pechey Distilling is not a party. Pechey Distilling cannot be held liable for any loss or damage suffered by you that arises directly or indirectly as a result of your use of the Payment Platform.
5.3 If a payment gateway is not used by Pechey Distilling, you agree that payment may be made by any method specified by Pechey Distilling and agreed by you, which may include payment by credit card or debit card.
6. DELIVERY
6.1 Pechey Distilling reserves the right to arrange transport of the Goods by any means in our sole discretion.
6.2 Unless otherwise determined by Pechey Distilling, the price of Goods advertised in the Online Store does not include shipping or delivery costs, and any such costs will be paid by you.
6.3 Delivery of the Goods is taken to occur at the time that they are delivered to the address nominated by you (the Address) or a post office close to that location, and risk is taken to have passed to you once delivery has occurred.
6.4 The person receiving the Goods at the Address must be 18 years of age or over in order to accept delivery, and we reserve the right to require the person receiving the Goods to provide proof of age.
6.5 If the Address is unattended at the time of delivery, or if the person receiving the Goods is not 18 years of age or over at the time of delivery, we may deliver the Goods to a nearby post office, at your sole risk.
6.6 Any time or date for delivery given by Pechey Distilling is an estimate only, and you must still accept delivery of the Goods even if delivered late.
6.7 Where Pechey Distilling or our nominated transport contractor enters or attends the Address to deliver the Goods, you:
(1) release Pechey Distilling from any claim in respect of damage occasioned to the Address, or injury to any persons arising out of the delivery by Pechey Distilling or our nominated transport contractor of the Goods; and
(2) indemnify and hold Pechey Distilling harmless from and against any loss, damage or liability suffered or incurred by Pechey Distilling in respect of damage occasioned to the Address or injury to persons arising out of the delivery by Pechey Distilling or our nominated transport contractor of the Goods;
except for and to the extent that such loss, damage or liability suffered or incurred by Pechey Distilling arises out of the negligent act or omission of Pechey Distilling or our nominated transport contractor.
7. DEFECTS & WARRANTIES
7.1 Except as expressly set out in this Agreement, Pechey Distilling makes no warranties or other representations in relation to the Goods.
7.2 You must inspect the Goods within twenty-four (24) hours of delivery or as soon as reasonably possible after any such defect becomes evident notify Pechey Distilling in writing of any evident defect/damage, shortage in quantity or failure to comply with the description. Upon such notification, Pechey Distilling may require that you provide us with photographic evidence of any defect/damage, shortage in quantity or failure to comply with the description.
7.3 To the extent permitted by law, the liability of Pechey Distilling in respect of any defect in or damage to the Goods is limited to, at the option of Pechey Distilling:
(1) the replacement or repair (where practical) of the Goods; or
(2) the payment of the cost of repairing (where practical) or replacing the Goods; or
(3) a refund of any money paid for the Goods.
7.4 Subject to clauses 7.2 and 7.3, returns will only be accepted provided that:
(1) you have complied with the provisions of clause 7.2; and
(2) Pechey Distilling has agreed that the Goods are defective; and
(3) if capable of return, the Goods are returned within a reasonable time and at your cost (if that cost is not significant); and
(4) if capable of return, the Goods are returned in the same, or materially the same condition to that in which they were delivered in.
7.5 Notwithstanding anything contained in clause 7.2, if Pechey Distilling is required by a law to accept a return then Pechey Distillingwill only accept a return on the conditions imposed by that law.
7.6 Pechey Distilling shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(1) your failure to properly maintain or store any Goods;
(2) your use of the Goods for any purpose other than that for which they were designed;
(3) your continued use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(4) your failure to follow any instructions or guidelines provided by Pechey Distilling; or
(5) fair wear and tear, any accident or act of God.
7.7 Nothing in this Agreement is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.
8. GENERAL PROVISIONS
8.1 We may vary, alter or amend the terms and/or conditions of this Agreement at any time, without providing you with specific notice. Each time you use the Site, Store or Content, you are deemed to accept the then-current terms and conditions.
8.2 You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site, Store or Content. Your use of the Site, Store or Content may also be subject to other laws.
8.3 You hereby grant Pechey Distilling the right to take steps Pechey Distilling believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Pechey Distilling has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Pechey Distilling believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Pechey Distilling’s right to cooperate with any legal process relating to your use of the Site, Store or Content, and/or a third-party claim that your use of the Site, Store or Content is unlawful and/or infringes such third party's rights).
8.4 A party waives a right under this Agreement only if it does so in writing. We do not waive a right simply because we fail to exercise the right, we delay exercising the right or only exercise part of the right. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term.
8.5 If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction.
8.6 We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without your consent.
8.7 Pechey Distilling may subcontract with one or more affiliates or third parties to provide any service required to be provided by Pechey Distilling under this Agreement, provided that no such use of subcontractors shall relieve Pechey Distilling of its obligations under this Agreement.
8.8 You may not assign your rights and obligations under this Agreement under any circumstances without first obtaining our written consent to do so. Any purported assignment not undertaken in accordance with this clause will be invalid.
8.9 All contracts made between us and you shall be governed by and construed in accordance with the laws of the State of Queensland. You agree to submit to the exclusive jurisdiction of the Queensland courts for all purposes of or in connection with such contracts