Terms & Conditions
TERMS AND CONDITIONS
ABOUT THIS WEBSITE
1. This website is published by ARD Operation Pty Limited ACN 632 014 049 ABN 17 632 014 049 trading as Archie Rose Distilling Co. (“Archie Rose“), Liquor - Producer Wholesaler License #LIQW880014624.
2. Your use of www.archierose.com.au (“website”) is subject to these terms and conditions of use (“Terms of Use”). All services provided by Archie Rose, including any services provided through this website, are governed at a minimum by these Terms of Use and by all of the policies of Archie Rose published on this website from time to time ("Policies"). If You do not accept these Terms of Use and the Policies, You must refrain from using this website.
3. If You use this website or undertake any activities through this website, You will be deemed to have read, understood and accepted these Terms of Use.
DEFINITIONS
In these Terms of Use:
• “Authority“ means any government, semi-governmental, statutory, administrative, fiscal or judicial body, department, commission, authority or tribunal;
• “Buyer“ means You, a purchaser or potential customer of Goods from Archie Rose through the website; • “CC Act“ means Competition and Consumer Act 2010 (Cth);
• “CC Act Implied Term“ means, in respect of any sale or supply of Goods by Archie Rose to the Buyer, any term, condition, consumer guarantee or warranty, for the benefit of the Buyer, implied by or arising under the CC Act in relation to that sale or to the supply of those Goods, or otherwise implied by any similar written or unwritten Law of any State or Territory of Australia;
• “Claims“ includes actions, suits, causes of action, arbitration, debts, dues, costs, claims, demands, interest, verdicts and judgments at Law or in equity or arising under the provisions of statute;
• “Due Date“ means, in respect of a sale of Goods by Archie Rose, the date the Buyer places an order on the website.
• “Goods“ means the products and services provided by Archie Rose, the subject of an order placed by the Buyer with Archie Rose and accepted by Archie Rose and “Good“ means any one of them;
• “GST“ means the tax imposed or sought to be imposed by the GST Acts;
• “GST Acts“ means A New Tax System (Goods and Services Tax) Act 1999 and related imposition Acts of the Commonwealth;
• “Indirect or Consequential Loss“ includes lost revenues, lost profits, lost business, lost goodwill or anticipated savings, incidental, indirect, consequential, special, economic or punitive damages whether arising from or in connection with any breach of contract, negligence or any other cause of action in connection with or relating to these Terms of Use or any sale or supply of Goods by Archie Rose to the Buyer;
• “Intellectual Property“ means any intellectual or industrial property owned by Archie Rose or used in connection with the business of Archie Rose, including without limitation:
o any graphics, logos distinctive brand features, text, icons and the arrangement of them;
o any patent, know/how, trade mark, service mark, copyright, invention, design, trade secret or confidential information;
o any licence or the right to use or to grant the use or to be the registered proprietor or user, of any of the foregoing;
o any computer software licence agreement and maintenance agreements;
o the trade marks, business names, whether registered or unregistered of Archie Rose; o any registered domain names of Archie Rose;
o any intellectual property created by contractors or other third parties engaged by Archie Rose or a related party of Archie Rose and vested in Archie Rose by way of agreement; and
o any other intellectual property or rights whether registered or not used in connection with or forming part of the business of the Archie Rose;
• “Law“ means all statutes, ordinances, regulations, subordinate legislation, by-laws, industrial laws, Australian standards and all orders, directions, codes of practice or requirements of any Authority;
• “PPS Act“ means Personal Property Securities Act 2009 (Cth);
• “Price“ means, in respect of Goods agreed to be sold or supplied by Archie Rose to the Buyer, the price payable by the Buyer to Archie Rose for those Goods, in accordance with the Price List and these Terms of Use;
• “Price List“ means the list of Goods and prices for those Goods, notified by Archie Rose to the Buyer, as current from time to time;
• “Privacy Act“ means the Privacy Act 1988 (Cth);
• “Promotional Material“ means any material provided by Archie Rose to the Buyer for the purpose of promoting sales of Goods and includes all Intellectual Property in that material;
• “You“ means the user of the website and includes all Buyers.
INTERPRETATIONS
Unless the context otherwise requires:
1. references to a party in these Terms of Use includes the executors, administrators, successors and permitted assigns of that party;
2. references to any statute, ordinance or other Law includes all regulations and other instruments thereunder and all consolidations, amendments, re-enactment’s or replacements thereof;
3. words importing the singular include the plural and vice versa, words importing a gender include other genders and references to a person must be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency;
4. where any word or phrase is given a defined meaning in these Terms of Use, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning; and
5. headings included in these Terms of Use are for convenience only and must be disregarded in the construction of these Terms of Use.
WEBSITE CONTENT
1. Archie Rose may, at any time, add or remove content from this website without notice.
2. Any articles, information or content published on this website must be read subject to these Terms of Use.
3. Although Archie Rose uses its best endeavours to confirm the accuracy of any information published on this website. To the fullest extent permitted by law, You agree that Archie Rose cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Archie Rose. You agree to make your own enquiries to verify information provided.
4. The information, materials and services on or available through this website are provided for general information purposes only. Information is current at the time of first publication. Information provided on and through this website is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service to Archie Rose.
5. This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Archie Rose does not in any way represent that Archie Rose recommends or endorses the relevant advertiser, its products or services. Archie Rose will not be liable for any errors in, or for any actions You take in reliance on, any third party advertising or content. Neither You nor any other person may hold Archie Rose liable for any delays, inaccuracies, errors or omissions in respect of any third party advertising or content, the transmission or delivery of such third party advertising or content or any loss or damage arising from any of them.
6. Archie Rose may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Archie Rose does not accept any responsibility in connection with your participation in activities conducted by any other party.
USE OF THE WEBSITE
1. You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable Law or regulation and/or generally accepted practices or guidelines.
2. You agree that You will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
3. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate Law enforcement authorities.
4. Archie Rose may stop (temporarily or permanently) providing access to this website to You, or to guests or members generally, at its discretion and without prior notice to You.
5. Archie Rose may in its sole discretion restrict your access to this website. If Archie Rose does this, You may be prevented from accessing all or parts of the website. Archie Rose will not be liable to You or any third party for doing so.
6. As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
7. Archie Rose may impose limits or restrictions on the use You may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, Archie Rose may withdraw this website, or change or remove website functionality at any time without notice to You.
INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge that all Intellectual Property, including all intellectual property rights, graphics, logos, trade marks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Archie Rose or a related body corporate of Archie Rose, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international Law and nothing in these Terms of Use gives You a right to use any of them.
2. Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Archie Rose makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
3. You may view this website and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Archie Rose or, in the case of third party material, from the owner of the copyright in that material.
4. You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may You decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
5. If You correspond or otherwise communicate with Archie Rose, You automatically grant to Archie Rose an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products and services.
6. The Buyer acknowledges and agrees that all Intellectual Property including in the Goods is owned by Archie Rose or a related body corporate of Archie Rose, and that the Intellectual Property including in the Goods remains the property of its respective owners and must not be used in any manner without the prior written consent of the owner. The Intellectual Property rights are protected by Australian and international Law and nothing in these Terms of Use gives the Buyer a right to use any of them.
7. Title to the Intellectual Property shall at all times remain with Archie Rose and nothing contained herein or permitted pursuant to these Terms of Use shall confer upon You any right or property or interest in the Intellectual Property.
8. You acknowledge that to the extent permissible by Law, the Intellectual Property is the exclusive property of, and is owned by, Archie Rose, if the Goods are transformed or mingled with other goods.
9. You must not at any time, without the prior express written consent of Archie Rose, apply for registration of any patent, business name, trade mark, company name or domain name which includes the Intellectual Property or any part of the Intellectual Property or is substantially similar to the Intellectual Property.
LINKS TO OTHER WEBSITES
1. This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under the control of Archie Rose and Archie Rose is not responsible for the operation, availability or content of any linked website or any link contained in a
linked website. Archie Rose provides these links to You for convenience only and the inclusion of any link does not imply an endorsement by Archie Rose in relation to the linked website. You access linked websites at your own risk. Subject to Law and any non-excludable rights, Archie Rose disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all websites belonging to other parties that You visit.
2. Archie Rose reserves the right to prevent third parties from linking to this website.
SECURE DATA AND TRANSMISSIONS
1. Given the nature of the internet, Archie Rose cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Archie Rose does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Archie Rose and its third parties take precautions to protect information, Archie Rose does not warrant and cannot ensure the security of any content or information You transmit via the website. You therefore use the website at your own risk. However, once Archie Rose or its third party receives your transmission, Archie Rose and its third parties will take reasonable steps to preserve its security.
2. You must take your own precautions to ensure that the process which You use to access the website or any website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Archie Rose nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.
DISCLAIMER
1. Archie Rose makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to the availability, functionality or performance of such any information, content, materials or products, except as otherwise provided under any applicable Law.
2. Archie Rose does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside its control), which You may directly or indirectly suffer in connection with your use of this website or any linked website, nor does Archie Rose accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by Law, Archie Rose disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
3. The use of the information on this website is at your own risk. To the extent permitted by Law, Archie Rose excludes all liability in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by Law, Archie Rose limits its liability to the re-supply of the relevant information, goods or services.
4. Nothing in these Terms of Use excludes, or is to intended to exclude or limit, any rights which You may have under the CC Act.
INVALIDITY
If the whole or any part of a provision of these Terms of Use is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these Terms of Use have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
COOKIES
Cookies may be used on this website to gather data in relation to this website and You consent to this (although You may be able to disable cookies on your web browser).
USE OF YOUR INFORMATION AND MATERIAL
Archie Rose appreciates any suggestions (“unsolicited ideas”) You may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that You submit will not be regarded as confidential and will become the property of Archie Rose. Archie Rose may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate You.
GOVERNING LAW AND JURISDICTION
These Terms of Use are governed by and construed in accordance with the Law of New South Wales, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect. If You access this website in a jurisdiction other than New South Wales, Australia, You are responsible for compliance with the Law of that jurisdiction, to the extent that they apply. Archie Rose makes no representations that the content of this website complies with the Laws of any country outside Australia.
GENERAL
These Terms of Use may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by You to be bound by the Terms of Use as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
ALCOHOL WARNING
Liquor licensing legislation in Australia is state and territory based:
Australian Capital Territory: A person must not sell or supply liquor to a person under the age of 18 years on premises where the sale or supply of liquor is authorised or in a public place. Maximum Penalty $5,500 - Liquor Act 2010.
New South Wales: It is against the law to sell or supply liquor to, or to obtain on behalf of, a person under the age of 18 years - Liquor Act 2007.
Northern Territory: 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 - Liquor Act 2019.
Queensland: It is an offence to supply liquor to a person under the age of 18 years - Liquor Act 1992. South Australia: Liquor must not be supplied to persons under the age of 18 years - Liquor Licencing Act 1997.
Tasmania: It is an offence for liquor to be delivered to a person under the age of 18 years (penalty fine not exceeding 20 penalty units), and for a person under the age of 18 years to purchase liquor (penalty fine not exceeding 10 penalty units) - Liquor Licencing Act 1990.
Victoria: It is an offence to supply alcohol to a person under the age of 18 years (penalty exceeds $19,000), for a person under the age of 18 years to purchase or receive liquor (penalty exceeds $800) - Liquor Control Reform Act 1998.
Western Australia: It is an offence to sell or supply liquor to a person under the age of 18 years on licenced or regulated premises; and for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises - Liquor Control Act 1988.
SALE CONDITIONS
PRE-CONDITION ACKNOWLEDGEMENT
1. Archie Rose is a responsible retailer of liquor and we take our legal responsibilities seriously.
2. It is illegal for us to sell or supply liquor to a person under the age of 18 years. It is also illegal for You to buy liquor if You are, under the age of 18 years, even if You are buying as a gift for someone else, or if You are over the age of 18 years and intend to supply liquor to a minor.
3. It is illegal for You to falsify your details if You are under the age of 18 years in order to buy liquor from us.
4. By agreeing to the Terms of Use and submitting an order with us You are confirming to us that You are over the age of 18 years and are legally allowed to buy liquor in Australia.
5. Orders received through this website are supplied in accordance with the relevant provisions under the liquor licensing laws for each state and territory in Australia.
PRICES AND PAYMENT
1. Archie Rose may replace or vary any Price List from time to time prior to the placement of any order for Goods by the Buyer.
2. With each delivery of Goods sold or supplied by Archie Rose to the Buyer, Archie Rose may issue to the Buyer an invoice for:
a) the Price of the Goods;
b) an amount for GST; and
c) all applicable delivery charges, freight, levies, and any other taxes or charges applicable to the supply of those Goods.
3. The Buyer must pay Archie Rose for Goods supplied by the Due Date.
4. The Price must be paid in cleared funds, by credit card by the Due Date.
DELIVERY, TITLE AND RISK
1. Title and risk in the products, such as loss and damage, pass to You on delivery or collection, as the case may be.
2. Archie Rose shall not be liable for any loss or damage due to any failure by Archie Rose to deliver any Goods promptly.
3. Delivery dates or times indicated by Archie Rose to the Buyer are approximate only and do not constitute a guarantee of delivery or delivery by such date or time. No time of the essence transaction will be considered by Archie Rose unless agreed in writing by Archie Rose.
4. Archie Rose may, in the sole discretion of Archie Rose, delay delivery of any Goods until Archie Rose has received payment from the Buyer of all money due by the Buyer to Archie Rose in respect of those Goods and any other Goods previously sold by Archie Rose to the Buyer. You agree that we may rely on any person who is at the address You gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.
5. Archie Rose may, in the sole discretion of Archie Rose, not deliver your Goods we consider any delivery circumstances are unsuitable for any reason, including because any likely recipient of the ordered Goods appears to Archie Rose's delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable to accept delivery for any reason (including because they may be under 18 years).
6. Archie Rose may not deliver your Goods if any of our requests for verification (such as proof of identity or age) are not met.
CLAIMS, RETURNS OR CANCELLATION OF ORDERS
1. The Buyer has no right to cancel, or vary, any order for Goods after Archie Rose has accepted that order.
2. If Archie Rose agrees to You cancelling your order after it has been placed, we may do so subject to You providing proof of purchase, the ordered products being in their original condition and packaging, and for You to agree to pay an amount we request on account of our reasonable costs of processing the return and cancellation.
3. Archie Rose may, in its sole and absolute discretion, accept or reject any offer to purchase Goods made by the Buyer for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in the order submitted by the Buyer. If Archie Rose rejects an offer to purchase Goods, any money paid by the Buyer for those Goods will be refunded to the Buyer.
LIMITATION OF LIABILITY
1. Archie Rose acknowledges that the CC Act and similar State and Territory legislation confer certain rights and remedies on the Buyer in relation to the sale or supply by Archie Rose to the Buyer of Goods, pursuant to these Terms of Use, or otherwise, which cannot be excluded, restricted or modified by agreement (“Non-Excludable Rights”). Archie Rose does not exclude any Non-Excludable Rights but does exclude all other terms, conditions, guarantees and warranties implied by the written or unwritten Law in relation to any sale or supply by Archie Rose to the Buyer of Goods.
2. Subject to Law (including the Non-Excludable Rights), Archie Rose makes no representation and gives no warranty in relation to any sale or supply of Goods by Archie Rose to the Buyer.
3. The Buyer acknowledges that the Buyer has not relied upon any representation or warranty made by or on behalf of Archie Rose in relation to any sale or supply of Goods pursuant to these Terms of Use, and will not rely upon any representation or warranty made by or on behalf of Archie Rose in relation to any future sale or supply of Goods by Archie Rose to the Buyer, which is not expressly agreed in writing by Archie Rose prior to the sale or supply of those Goods, subject in all respects to the written Law (including the Non-Excludable Rights).
4. To the extent permitted by Law, in respect of each sale or supply of Goods by Archie Rose to the Buyer: (a) each CC Act Implied Term is expressly excluded; and (b) the liability of Archie Rose is limited to the lowest of the cost of replacing the Goods, supply of equivalent product, or having the Goods repaired.
ENTIRE AGREEMENT
These Terms of Use, together with your order for Goods, comprise the entire agreement between the Buyer and Archie Rose with respect to the supply of Goods.
PRIVACY ACT 1988 (CTH)
1. Archie Rose is aware of its obligations under the Privacy Act including under the Australian Privacy Principles, and it takes these obligations very seriously and will at all times comply with its obligations under the Privacy Act.
2. If the Buyer purchases Goods on the website, You consent to the collection and use of Personal Information (as defined in the Privacy Act) by Archie Rose in order to enable Archie Rose to carry on its business and supply the Goods.
TAILORED BIRTHDAY GIN PROMOTION
Free 200ml Tailored Birthday Gin Terms & Conditions: Your complimentary 200ml Tailored Birthday Gin is available with the purchase of any Archie Rose 700ml Gin, excluding Straight Dry Gin from 12.00pm March 21, 2024 while stocks last. This offer cannot be combined with any other promotions. Your complimentary gift will be automatically added to your cart at checkout. One 200ml Tailored birthday Gin per order. Please ensure that the 'Delivery - First Name' entered in your cart matches the name you wish to appear on the front of your complimentary 200ml Tailored Birthday Gin, as changes cannot be made after placing your order. Orders containing inappropriate language will not be accepted. We reserve the right to cancel or modify this promotion at any time without prior notice.