Terms and Conditions
Terms & Conditions
Any use by you of the website operated by Greater Whitsunday Distillery at www.greaterwhitsundaydistillery.com.au (the “Site”) is conditional upon your acceptance of these Website Terms & Conditions of Use, General Terms and Conditions of Purchase, including our Privacy and Cookie Notice (collectively, “Terms & Conditions”). We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility to review this page periodically for updates, which shall come into effect when posted. Your continued use of the Site constitutes acceptance of these Terms & Conditions. We reserve the right to change, modify, suspend, or discontinue any portion, features, or content of the Site at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability. The Site is operated by a member of the Greater Whitsunday Distillery group of companies, the ultimate holding company of which is Greater Whitsunday Distillery plc (registered in Queensland, Australia).
The Site is intended for your use only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Site immediately.
You may restrict access to this site using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS IN THEIR ENTIRETY PLEASE LEAVE THE SITE NOW.
All references to 'our', 'us', 'we', or ‘company’ within these Terms & Conditions are deemed to refer to Greater Whitsunday Distillery plc, its subsidiaries, affiliates and associates.
All rights in all material and content (including, but not limited to, text, images, web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the Site are owned or licensed by us. You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Terms & Conditions.
- Intellectual Property
Unless otherwise indicated, we are the owner and/or authorised user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) appearing on or contained within the Site. Except as provided in these Terms & Conditions, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the Intellectual Property is prohibited.
- Restrictions on Use
Except as expressly authorised by law, by us, or by the applicable licensor in writing, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on the Site, or to use it for commercial purposes
The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of Linked Content from Interfacing Sites (as described in Section 5 below) (collectively, “Public Forums”), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings (“Postings”). We may or may not actively monitor Postings on Public Forums. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.
We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse.
The following examples constitute misuse of the Site:
- using the Site for any improper, unlawful, or immoral purpose,
- causing any nuisance by your use of the Site or causing the operation of the Site to be jeopardised or impaired;
- using the Site to create, host, or transmit (whether in a Public Forum or otherwise) any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, creed, or sex;
- using the Site to harm or attempt to harm minors in any way;
- using the Site to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;
- using the Site to create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or proprietary rights of any other party;
- using the Site to create, host, or transmit unsolicited advertising material to other users;
- using the Site to create, host, or transmit any material that harasses another;
- using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;
- adding, removing, or modifying identifying network header information or copyright management information, including author names, publication dates, or clearance agency names, in an effort to deceive or mislead;
- using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
- using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
- using the Site for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking;
- reselling, repurposing, or redistributing any Intellectual Property provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorised to use;
- encouraging, condoning, or glamorising under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages;
- disclosing any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived); and
This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Site or Public Forums that may result in the restriction, suspension, or termination of your use of the Site or Public Forums. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
Any Postings you make will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.
You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose.
We are not responsible for maintaining your Postings and we may delete or destroy them at any time.
CONTENT, INFORMATION, AND MATERIALS POSTED BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS.
The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.
- Interfacing Sites
You acknowledge and agree that we have no responsibility for the content (“Linked Content”) hosted by unaffiliated websites (“Interfacing Sites”) to which you or we may link from the Site, or otherwise display on the Site via an application programming interface or other method.
To utilise some of the functionality of the Site you may be required to establish an account with a username and password with Interfacing Sites. As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites. If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilise the functionality provided by the Site.
- Materials submitted by you
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site or any of its services, by email or in any other way. Any information or material you submit that has not expressly been requested by us will be deemed not to be confidential, secret, or proprietary. You agree that any information or materials you submit to the Site, whether ideas, creative concepts or other materials, in any format (including, but not limited to, writings, images, illustrations, audio recordings, and video recordings), may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.
- Accounts and Security
We may enable you to establish an account with a username and password to access and use certain areas of the Site, Public Forums, and other services. You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
- NO WARRANTIES
THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED, OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS AND SHALL BE TO DISCONTINUE USING THE SITE.
- THIRD PARTY GOODS AND SERVICES
WE DO NOT ENDORSE, ACT ON BEHALF OF OR INDEMNIFY THOSE PERSONS, COMPANIES, AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
- Your responsibility
You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.
In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Notice and any uses we may make of such information.
- NO LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, REGARDLESS OF WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER WE ARE OR HAVE BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (AUS).
- User Information
In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy and Cookie Notice. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
- Restriction, Suspension and Termination
We may restrict, suspend, or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time if we believe that you have breached these Terms & Conditions. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms & Conditions.
- Entire Agreement
These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the terms and conditions of any such license agreements. Our failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in that provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Terms & Conditions to any third party or parties at any time.
- Copyright and IP Agent
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the alleged infringing activity and where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Copyright Agent:
Greater Whitsunday Distillery email@example.com
We may not be able to remove Linked Content that is hosted by Interfacing Sites. You may need to contact the appropriate Interfacing Site for removal of your work.
- Export Controls
To the extent that software or technical data is accessible through the Site, such software or technical data may be subject to export, re-export, and/or import controls imposed by the United States or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which Australia has placed an embargo or which is subject to relevant export restrictions.
- Law and Jurisdiction
These Terms & Conditions, including the Privacy Statement and any matter relating to the Site, shall be governed by the laws of State or Federal without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms & Conditions that is against or relating to us or any indemnified party will be subject to the exclusive jurisdiction of the courts sitting in Queensland, and you hereby irrevocably consent to the jurisdiction of such courts.
Last updated 13th October 2020
GENERAL TERMS AND CONDITIONS OF PURCHASE ("Conditions")
These Conditions apply to any sale by Greater Whitsunday Distillery to You, the customer, of Goods or Services purchased online from Greater Whitsunday Distillery. You acknowledge that sales of alcohol made through the Website, or in Person are made by the Greater Whitsunday Distillery in accordance with its Queensland liquor licence number 209006 and ATO liquor licence number 14887 and are delivered from Bentleys Rd, Mackay, QLD 4740. Sales of non-alcohol products are made by Greater Whitsunday Distillery and delivered from Bentleys Rd, Mackay, Queensland.
By placing an order with Greater Whitsunday Distillery, You agree to be bound by these Conditions.
Please read these Conditions carefully before placing Your Order. These Conditions will apply notwithstanding anything which may be stated to the contrary on Your Order and can only be varied by Greater Whitsunday Distillery and You agreeing to the variation in writing. No course of dealings between Greater Whitsunday Distillery and You will add to or replace any of these Conditions.
In these general conditions of purchase ("Conditions”) the following words have the following meanings:
(a) "Contract” means a contract (which includes these Conditions) between Greater Whitsunday Distillery and You for the purchase of Goods and/or Services, which are the subject of the Order;
(b) "Delivery Address” means the address specified for delivery of the Goods or Services to You which is specified in the Order (but which cannot be a PO Box);
(c) “Gift Voucher” means a gift voucher for purchase of Goods and/or Services in the Distillery (located at Mackay Queensland) or the Webstore;
(d) "Goods” means the goods described in the Order;
(e) "GST” has the same meaning as appears in A New Tax System (Goods & Services) Act 1999;
(f) "Order” means an order for the Goods and/or Services placed by You online using Webstore;
(g) "Services” means the services (if any) described in the Order;
(h) “Website” means www.greaterwhitsundaydistillery.com.au; and
(i) “Webstore” means the online facility for placing Orders on the Website; and
(j) "You” or “Your” means the person who has completed the Order.
- THE CONTRACT
Your Order is deemed to be an offer by You to buy the Goods and /or the Services referred to in that Order. Greater Whitsunday Distillery shall not be liable to You and is not obligated to supply any of those Goods and / or the Services until the Order is accepted by Greater Whitsunday Distillery. Greater Whitsunday Distillery will accept your Order when Greater Whitsunday Distillery issues You with written confirmation regarding your Order.
3.1. You must either create an account for logging into the Webstore, or enter the Webstore as a guest, prior to placing an Order on the Webstore. Alternately, speaking to Greater Whitsunday Distillery in person or email requesting Goods and / or the Services to place an Order.
3.2. In making an Order, You warrant: (a) You are at least 18 years of age and are not otherwise prohibited from entering into a contract with Greater Whitsunday Distillery. (b) where the Goods involve the purchase of alcoholic beverages, any person that You are obtaining the Goods for or, will supply the Goods to, will be lawful age for alcohol consumption in the place in which the Goods are to be consumed; (c) where the Goods or Services includes the purchase of Tour Tickets, that You have read, understood and agree to be bound by each of the Special Tour Conditions; (d) that You will keep secret Your Webstore log on and/or account details, and that You release and indemnify Greater Whitsunday Distillery in relation to any liability arising out of the unauthorised use of Your log on and/or account details; and (e) all information provided by You in the Order is true and accurate.
3.3. The Greater Whitsunday Distillery delivery service in respect of Goods ordered is restricted to Australia only, however there are certain restrictions on deliveries to particular areas of Australia as set out below. If You nominate a Delivery Address that is not within the boundaries of its nominated delivery area, Greater Whitsunday Distillery will not be obliged to deliver the Goods ordered to You and shall refund You any payment made in respect of such Order.
We will not deliver to the following dry zones: 4605, 4713, 4815, 4816, Mornington Island and Doomadgee in 4825, 4830, 4871, Wujal Wujal Community in 4873, 4874, 4876 and 4895
We will only deliver to the areas of: 0800, 0810, 0812, 0820, 0829, 0830, 0832
We will not deliver to the following postcodes: 6718, Bayulu community in 6728, 6740, 6743, 6753, 6758, 6760, 6765, 6770, 6798, 6799
- ACCEPTANCE OF ORDERS
4.1. All Orders submitted on the Website via the Webstore, or in Person are accepted at the discretion of Greater Whitsunday Distillery. Additional terms and conditions in clause 10 apply to Orders for Goods which are personalised labels.
4.2. Greater Whitsunday Distillery may in its discretion reject or cancel an Order at any time (even if accepted) for any reason including but not limited to (a) any payment made by You being cancelled, dishonoured or reversed or (b) if the Goods/Services the subject of Your Order are not available or (c) a manifest error on the Website in respect of pricing of the Goods/Services in question. In the event of cancellation (except in the circumstances set out in (a) Greater Whitsunday Distillery will refund the purchase price You paid.
5.1. All Goods will be delivered to You at the Delivery Address during normal trading hours.
5.2. Greater Whitsunday Distillery will take reasonable precaution to ensure that all Goods supplied accord with the Order, are in good condition and are protected against damage and deterioration in transit. The risk of loss or damage to the Goods is accepted by Greater Whitsunday Distillery up to the point of being delivered to the Delivery Address, where such risk of loss or damage then passes to You. Title to the Goods passes to You upon being delivered to the Delivery Address.
5.3. Greater Whitsunday Distillery will use all reasonable endeavours to ensure that couriers and delivery companies shall deliver Goods to You in a timely manner. You acknowledge that all delivery times quoted (whether on the Webstore or in correspondence from Greater Whitsunday Distillery) are a guide only and actual delivery times may vary. From time to time there may be delays in delivery and we may take longer to deliver due to stock shortages or other unexpected reasons. We will notify You as soon as possible if we are unable to dispatch Your Order.
5.4. Greater Whitsunday Distillery takes no responsibility for Goods (or the cost of delivery of such Goods) dispatched to a Delivery Address should You have provided incorrect or incomplete address details in Your Order. You agree to accept all delivery costs incurred in Greater Whitsunday Distillery resending the Goods to the correct Delivery Address.
5.5. Anyone present at the Delivery Address nominated (provided they are over 18 years of age) may receive the Goods and may be required to provide their name and signature. You undertake to Greater Whitsunday Distillery to ensure that any person authorised to accept delivery is not under the age of eighteen (18) years of age. Greater Whitsunday Distillery may request proof of age from the person who receives the Goods and may refuse to deliver the Goods to anyone unable or unwilling to provide evidence of proof of age.
5.6. If the Order contains specific delivery instructions, Greater Whitsunday Distillery will use reasonable endeavours to ensure couriers and delivery companies acting on its behalf are provided with such information to meet such specific delivery instructions provided they are (a) in accordance with the terms of engagement of Greater Whitsunday Distillery couriers and delivery companies.
5.7. Greater Whitsunday Distillery accepts no responsibility for delivery of Goods pursuant to an Order placed due to unlawful use of Your credit card or Your Webstore log on details and You undertake to keep such details safe.
- PRICE AND PAYMENT
6.1. All pricing on the Webstore is in Australian Dollars (AUD) and is inclusive of GST.
6.2. Prices payable for any product on the Website are subject to variation without notice from time to time. The price payable for any product on the Website shall be the price on the Website applicable on the date the Order is placed (subject to manifest error). You also agree to pay the delivery fee specified in the Order which will be calculated during the checkout process and added to the Order before You place Your Order on the Webstore.
6.3. You must pay for the Goods and / or the Services at the time of submitting Your Order as payment must be received in full before the Order will be processed. Greater Whitsunday Distillery accepts valid Visa, Mastercard and Gift Vouchers as well as payment via PayPal on the Webstore. Greater Whitsunday Distillery does not accept cash, cheque, bankcard, American Express or other payment methods for the payment of the Goods and / or Services made via the Webstore. If PayPal is used for payment then PayPal should be contacted about any payment queries and You should refer to their terms and conditions. It is Your responsibility to maintain security of Your PayPal account.
- RETURNS AND REFUNDS
7.1. Once placed via the Webstore, or in Person an Order cannot be changed or cancelled due to Your change of mind. However, in the event You order the wrong size item of clothing, please call the customer service number to log Your request within 30 days of purchase. Then, provided You pay the cost of return to Greater Whitsunday Distillery address for the item (and it is unworn and in saleable condition) we may replace it with the size You require with such re-delivery costs met by You. No other returns or refunds will be made or offered, other than where such refund is a remedy in accordance with Your statutory rights, as set out below. Please note that returns of alcohol cannot be made in person at the Distillery or otherwise, however clothing purchased via the Webstore can be replaced in person at the Distillery with the size your require (provided it is unworn and in saleable condition and subject always to the availability of such item of clothing) within 30 days of purchase. No other returns, or refunds, will be made or offered at the Distillery for items purchased via the Webstore; please call the consumer service number in accordance with the rest of this clause 7.
7.2. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if services supplied by us to You fail to meet a consumer guarantee.
7.3. If the Goods are faulty or damaged due to a manufacturing defect or default, or we deliver incorrect Goods or otherwise breach the consumer guarantees please contact Greater Whitsunday Distillery customer service number. Returns will not be accepted if the fault or damage has been caused by You or a third party (whether by accident or neglect) after delivery.
7.4. Following Your call to customer services we may require You to provide photographic evidence of the fault, issue or concern You have in respect of the Goods/Services and/or we may request that You return the faulty, damaged or incorrect Goods (for inspection and/or replacement) to such Greater Whitsunday Distillery address as will be notified to You.
7.5. Following the return of the Goods (if required) in accordance with this clause 7, and subject to applicable law, we will at our option either: (a) refund the price paid under the Order for such faulty, damaged or incorrect Goods (including costs of delivery and the costs You incurred in returning the Goods to us); or (b) replace the Goods with an identical or comparable item.
7.6. Please note that an item of Goods which is a personalised label will be subject to the additional conditions in clause 10.
7.7. If your item is eligible for return, Greater Whitsunday Distillery reserves the right to charge up to a 20% restocking fee to cover admin costs and other processing fees that we have incurred in processing your original order and your return.
7.8 If Greater Whitsunday Distillery and You have discussed the return of bottles, a deposit for each bottle can be refunded to You. This is at the discretion of Greater Whitsunday Distillery to accept or decline the refund at the time of refund.
Without excluding, restricting or modifying the rights and remedies to which You may be entitled under the Australian Consumer Law and to the extent permitted by law:
8.1. Greater Whitsunday Distillery excludes all other implied terms and warranties from these Conditions;
8.2. Greater Whitsunday Distillery does not accept any liability under these Conditions for matters outside of its direct control or which are not preventable by reasonable diligence on our part (including without limitation, fire, floods, unusually severe weather and acts of god);
8.3. Greater Whitsunday Distillery is not responsible for any loss or damage suffered due to a delay in Goods being delivered to the Delivery Address; and
8.4. Greater Whitsunday Distillery will not be liable to You for special, indirect losses or consequential losses (or other losses You may suffer which do not arise in the ordinary course of things) arising from or in connection with this agreement whether in contract, tort or otherwise (including loss of revenue, profit, other economic losses or loss or corruption of data).
- SPECIAL CONDITIONS FOR THE PURCHASE OF BARRELS (WHEN AVAILABLE ONLY)
9.1. Greater Whitsunday Distillery has barrels available for sale at $500 each (inclusive of GST), which were used in the maturation process for Greater Whitsunday Distillery Rum (“Barrel”). The Barrels are not all of a uniform size, shape or colour and no guarantee can be made as to the physical appearance of the Barrel you purchase and are allocated. Any images of Barrels are for indicative purposes only. You acknowledge the Barrels are for display purposes only - they have been “dried out” and a hole has been drilled into one side so they are not suitable for storing or maturing spirits.
9.2. The Barrels are only available for sale to current members from 15 October 2019 and, subject to availability, to 31 April 2020. In the event there are Barrels left after this period, these will be available to purchase by the public in person at the Greater Whitsunday Distillery (no online sales of Barrels are available).
9.3. Upon payment you must (that same day) collect a Barrel from the distillery location notified to you by Greater Whitsunday Distillery. You may not have a choice presented to you of Barrels. Risk and title passes to you upon payment.
9.4. You acknowledge that a Barrel is a large, heavy item and it is your sole responsibility to get the Barrel into your vehicle and secure it for transport. Greater Whitsunday Distillery employees cannot assist you with lifting the Barrel and Greater Whitsunday Distillery accepts no liability for personal injury or property damage which may be caused by you manoeuvring the Barrel, which you acknowledge is done entirely at your own risk.
9.5.1. Once placed, an Order for a Barrel cannot be changed or cancelled due to Your change of mind.
9.5.2. Barrels come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a full refund for a breach of guarantees which cannot be excluded (for example if the Barrel fails to be of acceptable quality). Due to the limited number of Barrels we cannot offer a replacement Barrel. To the full extent permitted by law all other warranties, conditions and other terms (express or implied) are excluded.
9.5.3. If we breach the consumer guarantees (for example if the Barrel is not of acceptable quality), please contact Greater Whitsunday Distillery customer service number. Refunds will not be provided if the damage has been caused by You or a third party (whether by accident or neglect) after risk has passed to you, or (subject to law) if the defect arises more than 12 months after purchase.
9.5.4. Following Your call to customer services we may require You to provide photographic evidence of the fault, issue or concern You have in respect of the Barrel as well as proof of your date of purchase.
9.5.5. Provided Greater Whitsunday Distillery is satisfied there was a breach of the consumer guarantees, (subject to law, within 12 months of purchase) a full refund will be provided.
- PERSONALISE YOUR GOODS
By placing an Order for a personalised label (being a personalised label for your bottle of Greater Whitsunday Distillery (which for the avoidance of doubt are just a label and are not attached to an alcoholic beverage), or a personalised item of clothing) or where you submit a personalised label for your Blended bottles, You agree to the following terms and conditions:
(a) Personalised labels must be in accordance with the Greater Whitsunday Distillery Marketing Code.
(b) Without limitation to subclause (a) above, and Greater Whitsunday Distillery right to reject Orders at its discretion, Greater Whitsunday Distillery may refuse acceptance of an Order to provide a personalised label where in the opinion of Greater Whitsunday Distillery, the request may result in Greater Whitsunday Distillery breaching law, infringing the rights of a third party or infringing community standards, or bringing Greater Whitsunday Distillery or any other person into actual or potential disrepute, contempt, scandal, or ridicule.
10.1 Exchange/refund policy for personalised labels:
(a) Please ensure You check the text and spelling of Your personalised label carefully before submitting Your Order. We do not reprint labels, re-print Goods or provide a refund if You made a typing error in Your Order or if You change Your mind
(b) Orders of Goods being personalised labels will only be considered eligible for a replacement or refund (at our option) if they either display a manufacturer's defect, there has been a breach of a consumer guarantee and/or the Goods delivered are different Goods from those stated in the Order (for example where the label printed does not match the Order You placed). Please call the customer service number and You may be asked to send photographic evidence of the issue in respect of the personalised label before we replace, or refund the price paid for, the Goods.
- PURCHASE OF GIFT VOUCHERS
Purchase and use of Gifts Vouchers is subject to these General Terms and Conditions of Purchase and the terms and conditions printed on the Gift Voucher, which will include but will not be limited to: (a) Gift Vouchers are available for values of $20, $50, $100 and $200; (b) Gift Vouchers may be spent in the Shop or on the Webstore; (c) Gift Vouchers may be used on alcohol, merchandise or Tickets but not further Gift Vouchers; (d) Gift Vouchers may only be redeemed by adults aged 18 years and over; and (e) Gift Vouchers are valid for 12 months from placing Your Order.
- PRIVACY AND THE DISCLOSURE OF PERSONAL INFORMATION
13.1. The Contract contains the entire agreement between Greater Whitsunday Distillery and You in relation to Your Order. You acknowledge that, in entering into this Contract, You have not relied on any representation or provision except as set out in this Contract.
13.2. Greater Whitsunday Distillery may from time to time alter these Conditions as it reasonably determines necessary. Such alteration will not affect any Contract that Greater Whitsunday Distillery has entered into with You prior to the alteration.
13.3. These Conditions and any Contract of which these Conditions form part will be governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland.
Last updated 13th October 2020