Candamber Liquor


1. About the Website

1.1. Welcome to www.candamberliquor.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by DTR ELLISTON PTY LTD (acn: 632 829 504) t/a Candamber Liquor. Access to and use of the Website, or any of its associated Products or Services, is provided by Candamber Liquor. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Candamber Liquor reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Candamber Liquor updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.


2. Acceptance of the Terms

By proceeding to use or browse the Website, you warrant and acknowledge that you are over 18 years. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Candamber Liquor in the user interface.


3. Personal Information

3.1. When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.
3.2. You agree that all details that you have provided in completing the purchase are true and correct.
3.3. Your personal information is kept in accordance with the Candamber Liquor Privacy Policy which can be accessed at Privacy policy.

4. Sale of Liquor

4.1. Candamber Liquor supports the responsible service of alcohol. Under the Liquor Act 2010, it is an offence to:
(a) supply alcohol to a person under the age of 18 years
(b) purchase or receive liquor if you are under 18 years of age.
4.2 Before purchasing a Product, you confirm that you are over 18 years of age and that the person receiving the order is over 18 years of age.
4.3 You agree that the place of the supply of the Products to you is the licensed premises where Candamber Liquor dispatches your order. Candamber Liquor’s license number is: 14002548.


5. Purchase of Products

5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through Shopify (the 'Payment Gateway Provider')
5.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.
5.4. Following payment of the Purchase Price being confirmed by Candamber Liquor, you will be issued with a receipt to confirm that the payment has been received and Candamber Liquor may record your purchase details for future use.

6. Delivery

6.1. You acknowledge that the Purchase Services offered by Candamber Liquor integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
6.2. It is a legal requirement that the person receiving the Products is over the age of 18. The Delivery Service Provider may refuse delivery if the receiver appears to be intoxicated.
6.3. In providing the Purchase Services, Candamber Liquor may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Provider. You acknowledge and agree that Candamber Liquor is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Provider in respect to providing the Delivery Services.
6.4. In the following situations, no refund or return will be available.
(a) Denied acceptance of delivery by receiver;
(b) Inaccurate delivery address;
(c) Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Candamber Liquor for a Return Fee.
(d) Receiver appears to be intoxicated.
6.5. In the event that an item is lost or damaged in the course of the Delivery Services, Candamber Liquor asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to contact@candamberliquor.com.au. outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.


7. Refunds and Returns Policy

7.1. Candamber Liquor does not provide refunds or returns for change of mind. Please keep this in mind when making a purchase.
7.2. Due to the perishable nature of the Products, Candamber Liquor cannot accept returns if a Product has been opened or successfully delivered to the wrong person.
7.3. Refunds or returns will not be granted for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
7.4. Candamber Liquor wants you to be satisfied with your Product. If you have any issues with Candamber Liquor Products or Services, please e-mail contact@candamberliquor.com.au within 30 days of receiving your purchase to seek a resolution.


8. Cancellations

8.1. Once payment for an order has been accepted, cancellation is at the discretion of Candamber Liquor. If you wish to cancel your order, please contact Candamber Liquor immediately at contact@candamberliquor.com.au
8.2. Cancellation of orders must be made at least 24 hours prior to dispatch. Orders cannot be cancelled once they have been prepared and are with the Delivery Service Provider for delivery.
8.3. Under certain circumstances, including but not limited to where a Product has been listed at an incorrect price, or has incorrect written information or images, Candamber Liquor reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.

9. Mailing List

9.2 When making a purchase, you will be given the opportunity to sign up for the Candamber Liquor Mailing List. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from Candamber Liquor via e-mail.
9.3 You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing contact@candamberliquor.com.au.


10. Gift Cards

Gift Cards can be purchased from the Website and are administered by Shopify (the ‘Gift Card Service Provider’). In Purchasing a Gift Card, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Gift Card Service Provider. Gift Cards may only be used to make purchases online and are not valid instore.

11. Warranty

11.1. Candamber Liquor's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
11.2. The Warranty does not apply to any appearance of the supplied Products nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.


12. Copyright and Intellectual Property

12.1. The Website, the Purchase Services and all of the related products of Candamber Liquor are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Candamber Liquor or its contributors.
12.2. Candamber Liquor retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Candamber Liquor; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
12.3. You may not, without the prior written permission of Candamber Liquor and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.


13. Privacy

Candamber Liquor takes your privacy seriously and any information provided through your use of the Purchase Services are subject to Candamber Liquor's Privacy Policy, which is available on the Application.


14. General Disclaimer

14.1. You acknowledge that Candamber Liquor does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
14.2. Candamber Liquor will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
14.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Candamber Liquor will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
14.5. Use of the Website, the Purchase Services, and any of the products of Candamber Liquor is at your own risk. Everything on the Website, the Purchase Services, and the Products of Candamber Liquor, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Candamber Liquor make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Candamber Liquor) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.


15. Limitation of Liability

15.1. Candamber Liquor's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Candamber Liquor is the resupply of information or Purchase Services to you.
15.2. You expressly understand and agree that Candamber Liquor, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
15.3. Candamber Liquor is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Candamber Liquor, by third parties or by any of the Purchase Services offered by Candamber Liquor.


16. Force Majeure

16.1. If circumstances beyond Candamber Liquor’s control prevent or hinder its provision of the Products, Candamber Liquor is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Candamber Liquor may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.


16.2. Circumstances beyond Candamber Liquor’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.


16.3. For the sake of clarity, if in Candamber Liquor’s reasonable opinion, the provision of the Products will be affected by the covid-19 pandemic, Candamber Liquor may suspend the provision of the Products in part or in whole to you indefinitely. Additionally, Candamber Liquor will not be liable for any losses or damage to the Products due to the covid-19 Pandemic.


17. Indemnity

17.1. You agree to indemnify Candamber Liquor, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.


18. Venue and Jurisdiction

The Purchase Services offered by Candamber Liquor is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of The Australian Capital Territory, Australia.


19. Governing Law

The Terms are governed by the laws of the Australian Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of The Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.


20. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.


21. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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