Terms and Conditions

 1. Terms and conditions of using and purchasing via (a) boozeexpress.com.au is operated by Caring Bridges Pty Ltd ABN 33664882143, registered office at 7 Fairmont Boulevarde, Hamlyn Terrace, New South Wales, 2259. Throughout this Site, the terms “We”, “Us”, and “Our” refer to Booze Express. (b) Purchases of alcohol products made through boozeexpress.com.au are made under New South Wales Liquor License No. LIQP770018094 (c) By visiting and using boozeexpress.com.au, you accept and agree to be bound by the following Website Terms and Conditions of Use (Website Terms and Conditions). If you do not accept these Website Terms and Conditions, please do not use the Site.

2. Purchasing via boozeexpress.com.au (a) 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. (b) If you purchase products via boozeexpress.com.au, you warrant to Us that you are over the age of 18 years and that any person you are obtaining the products for, or supplying the products to, is over the age of 18 years. (c) Additional terms and conditions may apply if you purchase any products from Us through the Site (including but not limited to signing up for one of Our regular delivery programs or any one-off purchase of products). These additional terms and conditions will be displayed with the product or offer. (d) If products ordered by you are not in stock, we will offer you a comparable product of equal or more excellent value whenever possible. We will refund the purchase price if you are unhappy with a similar product. (e) All specials, promotions, clearances, offers, and discounted items advertised on the Site are available only while stocks last unless otherwise announced. (f) All prices are Australian dollars and are inclusive of GST. Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated until your delivery details are provided in the checkout. Just so you know – promotional offers and prices are as stated, with no further discounts available. You agree to pay the cost of the products specified on the website. You also agree to pay the delivery and handling fee (when applicable) for each Order and all taxes, including goods and services tax. We reserve the right to vary prices on the Website without notice. The price payable for the product is the price applicable on the date the products are confirmed as ordered. We try to ensure all prices displayed are correct, but sometimes an error may happen. Prices for our goods and services are subject to change without notice. If we find a pricing error, we will let you know, and you may choose not to purchase any goods where the price has been fixed. (g) Credit card payments are accepted as payment for orders of products. Payment must be cleared before products are dispatched. Cheques, money orders and cash are not accepted methods of payment. (h) The Delivery Address you nominate must be within a location where We provide delivery services. We’ll let you know if the Delivery Address you select ceases to be in an area where We deliver goods. We won’t be able to continue providing Goods to you if you change your Delivery Address and the new Delivery Address you nominate is not in an area within which We deliver goods. (i) We may charge you, and you may be required to pay an additional 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. (j) Risk and title in the Goods pass to you upon delivery to the Delivery Address. (k) We collect and use Your Personal Information through Our Privacy Policy, which can be viewed here. (l) We may change these Website Terms at any time without notice. Please look at these Website Terms regularly to ensure you know about any changes made.

3. Refunds, Returns, Exchanges and Gifts (a)At Booze Express, we strive to ensure your complete satisfaction with every purchase. We take great care in packaging and delivering your order to you. However, if your order arrives damaged due to transit, we are happy to help you with a return and refund. (b) Just so you know, we do not accept returns for reasons other than damage in transit. We encourage you to carefully review your order before finalising your purchase. If you have any concerns or questions about a specific product, feel free to contact our customer support team for assistance. (c) We will not offer refunds or exchange on gift cards (d)To initiate a return for a damaged item, please get in touch with our customer service within 48 hours of receiving your order. We may require photographic evidence of the damage for assessment purposes. Once approved, we will guide you through the return process and arrange for a refund or replacement, as you prefer. We appreciate your understanding that our returns policy is designed to make sure that our products are safe. We are committed to fixing any issues as soon as possible and making sure you are happy with our service. (e) Once your return is received and inspected, we will send you an email letting you know that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, your refund will be processed, and a credit will automatically be applied to your credit or debit card. (f) If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return. If the item was not marked as a gift when purchased, or if the giver of the gift had the order shipped to themselves to give to you later, we will send a refund to the giver of the gift and they will find out about your return. Once the returned item is received, a gift certificate will be sent to you. (g) To return your product, you should mail your product to 35 Jasper Avenue, Hamlyn Terrace, New South Wales, 2259, Australia. You will be responsible for paying for your shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary.

4. Registration on the Site (a) Booze Express, through its Site, offers a ‘Account Dashboard’ facility (Account) to users who register their details on the Site (Registered Users). The ‘Account Dashboard’ facility enables Registered Users to: (i) edit their details; and (ii) view historical orders and change their password, among other functions. (b) By becoming a Registered User, you acknowledge and agree We may email, post, or include in any delivery of Goods you order from Us special offers We provide for third parties (Special Offers). You can opt out of receiving Special Offers by contacting Us by the Privacy Policy, which can be viewed here. (c) You are only eligible to apply for an Account if you are over 18 years of age. By submitting your application for an Account, you warrant to boozeexpress.com.au that you are over 18 years of age. (d) To access the Account Dashboard, you must provide your name, email address and password. Your email address and password will be used to access the Account Dashboard. You may have up to one Account or user name. (e) We may need additional information, and we reserve the right to decline, suspend or terminate the Account Dashboard at any time at our absolute discretion. (f) You are responsible for maintaining the confidentiality of your password, and you will be liable for any breach of privacy that arises from unauthorised access to the Site caused by or connected with your disclosing your email address and password. (g) You are responsible for all fees incurred on Account Dashboard, from access to Account Dashboard through your user name and password, irrespective of who uses Account Dashboard. (h) You must immediately notify Us if you suspect or become aware of any unauthorised use of your password or Account or any other breach of the Site’s security. You must immediately change your password if you suspect a security breach. The Site will contain a facility to change your password, or if this facility is not available, please contact Us immediately by phone. (i) If We believe Account Dashboard is being used contrary to these Website Terms and Conditions or any privacy or other laws, we may immediately suspend or cancel Account Dashboard upon such conditions as appropriate.

5. Content and Intellectual Property (a) The content, layout, design, concept and organisation of the Site (Content), which is or may be the subject of a patent, copyright, trade mark, design, confidentiality or other intellectual property rights (Intellectual Property) belonging or licensed to Us. (b) Subject to your compliance with these Website Terms and Conditions, We grant you a temporary, non-exclusive licence to download, print or otherwise reproduce in the unaltered form a single copy of any Content (save for any material for which express notice is given to the contrary) solely for your personal, non-commercial use, or for non-commercial information purposes only within your organisation. (c) Certain material provided or available on or through the Site may be stated to be subject to special or additional rules or conditions which will form part of these Website Terms and Conditions. (d) By visiting and using the Site, you acknowledge and agree that: (i) We own all rights, title and interest in, or are otherwise licensed to use the Intellectual Property in the Content; (ii) you will not do anything to hinder, impede, invalidate or challenge Our ownership, entitlement to use, or registration of any part of the Intellectual Property in the Content; or which might diminish the value of the Intellectual Property in the Content; and (iii) Any use, downloading, copying, adaption, modification, communication, distribution or reproduction of the Site, the Content or the Intellectual Property in the Content other than as expressly permitted by these Website Terms and Conditions or by law is strictly prohibited unless you have obtained Our prior written consent (which We can withhold in Our absolute discretion). (e) Where Our Intellectual Property contains any of Our registered or unregistered trademarks, you must not use any of those trademarks: (i) In or as the whole or part of your trademarks; (ii) In connection with activities, products or services which are not Ours; (iii) In a manner which may be confusing, misleading or deceptive; or (iv) In a manner that disparages Us or Our products or services (including the Site). (f) You agree to use the Site and its Content for any reason.

6. Content (a) We derive Our information from sources that We believe to be accurate and up to date at the time of publication. All information provided on the Site is provided in good faith. However, We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete, and will not be liable for any claim or loss resulting from any action taken or reliance made by you on any information, material or advice provided on the Site, or for any incorrect or misleading information provided on the Site. (b) We reserve the right to change, update or terminate the Site and Content or any part of them at any time in Our absolute discretion, without notice or liability to you. (c) Any change or modification to the Site or these Website Terms is effective immediately upon them being posted on the Site. If any change or modification is unacceptable to you, please don’t use the Site. If, following any such change or modification you continue to use the Site or Content, then you will be deemed to have accepted those changes or modifications.

7. Privacy For more information on Privacy at boozeexpress.com.au. Disclaimer (a) All information, advice or other data on the Site is provided as general information only and should not be relied upon. (b) We’d like to make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Site or its Content for any particular purpose. (c) We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Site or the Site’s inability to meet your needs. (d) We have no control over and are not responsible for the content of any third-party sites linked to or framed within the Site or any third-party advertisements, and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Website links on this Site should not be construed as an endorsement, approval, or recommendation by Us of the linked website or its content. Those links are provided for your convenience only and may need to be updated or maintained. We are not responsible for the content or privacy practices of linked websites. When viewing a third-party site, you should read the terms, conditions and privacy statements detailed on that site. I want you to know that your use of or reliance upon such third-party websites is at your own risk. (e) We are based in Central Coast, New South Wales, Australia. You must ensure that your access to the Site is not illegal or prohibited by laws that apply to you. (f) Your use of and any reliance on the Site and its Content are entirely at your own risk. We’re not warrant and cannot ensure the security of any information you may send to Us. When using the Site, information will be transmitted over a medium that, in many cases, is beyond Our jurisdiction and control and that of Our suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects, and you should scan and check such data as appropriate. (g) We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted with your use of the Site, which is beyond Our control. To avoid doubt, we do not accept responsibility for any interference or damage to your computer system that may arise in connection with your use of the Site or any linked website. (h) You are prohibited from using the Site or the Content: (i) For any unlawful purpose; (ii) To solicit others to perform or participate in any unlawful acts; (iii) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iv) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (v) To submit false or misleading information; (vi) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or any related website, other websites, or the Internet; (vii) To collect or track the personal information of others; (viii) To spam, phish, pharm, pretext, spider, crawl, or scrape; or (ix) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Booze Express reserves the right to terminate your use of the Service or any related website for violating any prohibited uses.

 

8. Liability To the fullest extent permitted by law and without limiting any rights available under the Australian Consumer Law: (a)All conditions and warranties concerning the Site and the Content (whether as to the quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded; (b) In no event will We (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Site or the Content; (c) We are not liable to you or any third party for any personal injury, including death, caused by access to, use or misuse of the Site, the Content or the Services; (d) Any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurring; and (e) Remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms.

9. General (a) Your rights and obligations under these Website Terms may not be transferred or assigned directly or indirectly without Our prior written consent. We may transfer or assign Our rights and obligations under these Website Terms. (b) To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been read down or deleted to the extent necessary to overcome the difficulty. (c) Our rights and remedies under these Website Terms cannot be waived except in writing signed by Us. Our Delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does Our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of Our other rights. (d) We will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God. (e) These Website Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.

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