Terms & Conditions
Introduction
1.1 Introduction: These Terms and Conditions govern Your use of this Website (https://www.archierose.com.au) (“Website”) and any purchase of Goods you make from ARD Operation Pty Limited ACN 632 014 049 ABN 17 632 014 049 trading as Archie Rose Distilling Co. (“Archie Rose“, “We”, “Our”, “Us”), Liquor - Producer Wholesaler License #LIQW880014624.
1.2 Access to Website:
1.2.1 this Website is published by Archie Rose;
1.2.2 by accessing this Website, You acknowledge that You are legally able to access and consume liquor and have read and understood the Terms and that You agree to be bound by the Terms; and
1.2.3 if You do not agree to the Terms or are not legally able to access and consume alcohol, then you must not use this Website.
1.3 Use of Website and Terms and Conditions:
1.3.1 Your use of this Website and your purchase of our Goods are subject to these terms and conditions of use (“Terms and Conditions”) and to our Privacy Policy (“Privacy Policy”);
1.3.2 all goods and services provided by Archie Rose, including any services provided through this Website, are governed at a minimum by these Terms and Conditions and by the policies of Archie Rose published on this Website from time to time ("Policies");
1.3.3 if You do not accept these Terms and Conditions and the Policies, You must refrain from using this Website; and
1.3.4 if You use this Website or undertake any activities through this Website, You will be deemed to have read, understood and accepted these Terms and Conditions.
2. Liquor Warning
2.1 Liquor licensing legislation in Australia is state and territory based:
2.1.1 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
2.1.2 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;
2.1.3 Northern Territory: It is against the law to sell or supply liquor to, or to obtain liquor on behalf of, a person under the age of 18 years - Liquor Act 2019;
2.1.4 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;
2.1.5 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;
2.1.6 Victoria: It is an offence to supply liquor 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; and
2.1.7 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.
2.2 If You are located in a country other than Australia, You agree that You are aware of, and will comply with, the liquor licensing laws in that country.
3. Definitions & Interpretation
3.1 Definitions: In these Terms and Conditions:
3.1.1 “Authority“ means any government, semi-governmental, statutory, administrative, fiscal or judicial body, department, commission, authority or tribunal;
3.1.2 “Due Date“ means, in respect of a sale of Goods by Archie Rose, the date You place an order on the Website;
3.1.3 “Goods“ means the products and services provided by Archie Rose, the subject of an order placed by You with Archie Rose and accepted by Archie Rose and “Good“ means any one of them;
3.1.4 “Intellectual Property Rights“ means any intellectual or industrial property owned by Archie Rose or used in connection with the business of Archie Rose, including without limitation:
(a) any graphics, logos distinctive brand features, text, icons and the arrangement of them;
(b) any patent, know/how, trade mark, service mark, copyright, invention, design, trade secret or confidential information;
(c) 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;
(d) any computer software licence agreement and maintenance agreements;
(e) the trade marks, business names, whether registered or unregistered of Archie Rose; o any registered domain names of Archie Rose;
(f) 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
(g) any other intellectual property or rights whether registered or not used in connection with or forming part of the business of the Archie Rose;
3.1.5 “Law“ means all statutes, ordinances, regulations, subordinate legislation, by-laws, industrial laws, standards and all orders, directions, codes of practice or requirements of any Authority;
3.1.6 “Price“ means, in respect of Goods agreed to be sold or supplied by Archie Rose to You, the price payable by You to Archie Rose for those Goods, in accordance with the Price List and these Terms and Conditions;
3.1.7 “Price List“ means the list of Goods and prices for those Goods, notified by Archie Rose to You, as current from time to time; and
3.1.8 “You“ means the user of the website and includes a purchaser or potential customer of Goods from Archie Rose through the Website.
3.2 Interpretation: Unless the context otherwise requires:
3.2.1 references to a party in these Terms and Conditions includes the executors, administrators, successors and permitted assigns of that party;
3.2.2 references to any statute, ordinance or other Law includes all regulations and other instruments under those and all consolidations, amendments, re-enactments or replacements of those;
3.2.3 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), Authority or agency;
3.2.4 where any word or phrase is given a defined meaning in these Terms and Conditions, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning; and
3.2.5 headings included in these Terms and Conditions are for convenience only and must be disregarded in the construction of these Terms and Conditions.
4. Website
4.1 Content: Archie Rose may, at any time, add or remove content from this Website without notice.
4.2 Subject to Terms and Conditions: You agree to use this Website only for purposes that are permitted by these Terms and Conditions, any applicable Law or regulation and/or generally accepted practices or guidelines. Any articles, information or content published on this Website must be read subject to these Terms and Conditions.
4.3 Inaccuracies or Errors: 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.
4.4 Information Only: 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.
4.5 Third Party Content:
4.5.1 this website may feature or display third party advertising or content;
4.5.2 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;
4.5.3 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;
4.5.4 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; and
4.5.5 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.
4.6 Use of Website:
4.6.1 Your acknowledge that as electronic websites are subject to interruption or breakdown, access to this Website is offered on an “as is” and “as available” basis only;
4.6.2 You agree that You must not, and must not encourage or assist a third party to:
(a) use the Website for any purpose other than expressly permitted under these Terms and Conditions;
(b) use the Website in any way which is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory or is otherwise illegal or causes damage or injury to any person or property;
(c) intentionally introduce, or fail to take reasonable steps to prevent introducing, malware into the Website;
(d) use the Website to gain illegal or unauthorised access to other computers or networks through hacking or other means;
(e) return addressing information and IP addresses, in violation of applicable law;
(f) remove, add or alter any proprietary notices, labels or marks from the Website;
(g) copy, modify, alter or adapt the Website or reverse-engineer, reverse assemble or reverse compile, the whole or any part of the rights which subsist in the Website; or
(h) engage in any activity that interferes with or disrupts this Website or the servers and networks that host this Website;
4.6.3 You understand that any suspected fraudulent, abusive or illegal activity may be referred to appropriate Law enforcement authorities;
4.6.4 You are solely responsible for maintaining the confidentiality of Your user ID and password to access the Website and You are responsible and liable for all activities conducted through Your user ID, password and account, even if this occurs without Your permission;
4.6.5 You agree to immediately notify Archie Rose in writing of any unauthorised and/or fraudulent use of Your user ID, password and/or account;
4.6.6. Archie Rose will not be liable for any damages resulting from the unauthorised and/or fraudulent use of Your user ID and/or password and the unauthorised use of Your account;
4.6.7 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;
4.6.8 Archie Rose may impose limits or restrictions on the use You may make of this Website; for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms and Conditions, Archie Rose may withdraw this Website, or change or remove website functionality at any time without notice to You; and
4.6.9 You agree to indemnify Archie Rose against any and all third party claims and all related liabilities arising out of, or relating to, Your Use of the Website.
4.7 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). Further information about how we use cookies is set out in our Privacy Policy.
4.8 Intellectual Property Rights:
4.8.1 You acknowledge that all Intellectual Property Rights relating to this Website, are owned by Archie Rose or a related body corporate of Archie Rose, and that these remain the property of Archie Rose and must not be used in any manner without the prior written consent of Archie Rose;
4.8.2 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;
4.8.3 You may view this Website and its contents for personal and non-commercial use only and subject to Law;
4.8.4 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;
4.8.5 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; and
4.8.6 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.
4.9 Security:
4.9.1 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;
4.9.2 whilst Archie Rose and its third parties take all reasonable precautions to protect information, Archie Rose does not warrant and cannot ensure the security of any content or information You transmit via the Website;
4.9.3 You use the Website at your own risk; and
4.9.4 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.
5. Sale Conditions
5.1 Liquor Sales:
5.1.1 Archie Rose is a responsible retailer of liquor and we take our legal responsibilities seriously;
5.1.2 it is illegal for us to sell or supply liquor to a person who is not legally able to access and consume liquor;
5.1.3 it is also illegal for You to buy liquor if You are not legally able to access and consume liquor, even if You are buying as a gift for someone else
5.1.4 it is illegal for you to supply liquor to a minor;
5.1.5 it is illegal for You to falsify your details if You are not legally able to access and consume liquor in order to buy liquor from us;
5.1.6 by agreeing to the Terms and Conditions and submitting an order with us You are confirming to us that You are legally allowed to buy liquor in your country of residence; and
5.1.7 orders received through this Website are supplied in accordance with the relevant provisions under the liquor licensing Laws.
5.2 Prices and Payment:
5.2.1 Archie Rose may replace or vary any Price List from time to time prior to the placement of any order for Goods by You;
5.2.2 with each delivery of Goods sold or supplied by Archie Rose to You, Archie Rose may issue to You an invoice for:
(a) the Price of the Goods;
(b) an amount for any goods and services tax, value added tax, sales tax or other taxes levied in according to Law; and
(c) all applicable delivery charges, freight, levies, and any other taxes or charges applicable to the supply of those Goods;
5.2.3 You must pay Archie Rose for Goods supplied by the Due Date; and
5.2.4 the Price must be paid in cleared funds or by credit card by the Due Date.
5.3 Delivery, Title and Risk:
5.3.1 risk in the Goods passes to You on delivery or collection, as the case may be;
5.3.2 title in the Goods does not pass to You until full payment has been received and the Goods have been delivered to you or are collected by You;
5.3.3 Archie Rose shall not be liable for any loss or damage due to any failure by Archie Rose to deliver any Goods promptly;
5.3.4 delivery dates or times indicated by Archie Rose to You 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;
5.3.5 Archie Rose may, in the sole discretion of Archie Rose, delay delivery of any Goods until Archie Rose has received payment from You of all money due by You to Archie Rose in respect of those Goods and any other Goods previously sold by Archie Rose to You; 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;
5.3.6 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 liquor or drugs, is under the age where they are legally allowed to buy liquor or acting for or on behalf of a person who we consider may be unsuitable to accept delivery for any reason; and
5.3.7 Archie Rose may not deliver your Goods if any of our requests for verification (such as proof of identity or age) are not met.
5.4 Deliveries outside of Australia:
5.4.1 Archie Rose is based in Australia.
5.4.2 if You are located in a country outside of Australia, then:
(a) we will engage a courier service that handles international shipments of liquor, at your cost;
(b) You will be responsible for adhering to your country’s rules and Laws for importing liquor including age restrictions, restrictions on selling liquor to minors, quantity restrictions, quarantine requirements and any licensing requirements;
(c) unless we indicate otherwise, You will be responsible for paying any import duties, taxes and other costs associated with importing the Goods into your country;
(d) You will be responsible for collecting the Goods from any quarantine station as required by the Laws of your country; and
(e) You will otherwise generally comply with the Laws of the country in which you reside and/or in which you import our Goods.
5.5 Returns, Cancellation of Orders and Refunds:
5.5.1 Archie Rose may, in its sole and absolute discretion, accept or reject any offer to purchase Goods made by You 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 You. If Archie Rose rejects an offer to purchase Goods, any money paid by You for those Goods will be refunded to You;
5.5.2 you have no right to cancel, or vary, any order for Goods after Archie Rose has accepted that order;
5.5.3 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;
5.5.4 in no case do we allow return of our Goods; and
5.5.5 subject to clause 6.6, in no case do we offer a refund on our Goods.
5.6 Gift Certificates (or Gift Cards) and Experience Vouchers:
5.6.1 a Gift Certificate (or Gift Card) is a product that has been pre-purchased for a nominated credit value to be used prior to its expiry date;
5.6.2 to use a Gift Certificate (or Gift Card):
(a) You must be of an age where you are legally able to drink liquor;
(b) the Gift Certificate value will be applied to your order's market price and Your discounted order total will be confirmed before checkout;
(c) if you wish to make a purchase for an amount that exceeds the remaining card value on your account, you must pay the excess using another payment method;
(d) multiple Gift Certificates can be used in one transaction;
(e) the Gift Certificate may be used multiple times until the full balance is reached;
(f) must not be used in conjunction with any other offer;
(g) Gift Certificates are non-refundable, non-transferable and cannot be resold; and
(h) by using a Gift Certificate, You are agreeing to these Terms and Conditions.
5.6.3 Experience Vouchers are provided by Archie Rose for any promotions, discounts or vouchers and are single use only and not to be used in conjunction with any other promotion, discount or voucher unless otherwise stated by Us; and
5.6.4 if you receive an Experience Voucher from Us, You can use it in the following ways:
(a) You must be of an age where you are legally able to drink liquor;
(b) these Terms and Conditions will become applicable when you redeem a discount promotion or voucher by entering a code and password on our website, along with your email address;
(c) Experience Vouchers can only be used to purchase the specific Goods (that is, a particular Experience) to which they relate and cannot be used or exchanged for any other Goods (including Experiences);
(d) Experience Vouchers are valid only on a customer's first order, can only be used once and may not be copied, resold or published in any way without our written approval;
(e) Experience Vouchers cannot be used in conjunction with any other offer, promotion, discount or voucher unless otherwise stated by Us;
(f) Experience Vouchers will be applied to Your order's market price and your discounted order total will be confirmed before checkout; there may be a minimum spend requirement;
(g) We reserve the right to withdraw or cancel any voucher for any reason at any time; and
(h) Experience Vouchers offered from any customer referral program are not valid if published on deal or bargain sites. We reserve the right to cancel any suspicious codes and remove referral credit if we become aware of inappropriate use.
6. Exclusions:
6.1 Archie Rose makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in the Website or to the availability, functionality or performance of such any information, content, materials or products, except as otherwise provided under any applicable Law.
6.2 Archie Rose acknowledges that Laws confers certain rights and remedies on You in relation to the sale or supply by Archie Rose to You of Goods, pursuant to these Terms and Conditions, 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 You of Goods.
6.3 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 You.
6.4 You acknowledge that You have 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 and Conditions, 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 You, 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).
6.5 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.
6.6 To the extent permitted by Law, in respect of each sale or supply of Goods by Archie Rose to You:
6.6.1 in respect of any sale or supply of Goods by Archie Rose to You, any term, condition, consumer guarantee or warranty, for the benefit of You, implied by or arising under Law in relation to that sale or to the supply of those Goods, or otherwise implied by any similar written or unwritten Law, is expressly excluded; and
6.6.2 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.
6.7 In no event shall the aggregate liability of Archie Rose in a twelve (12) month period whether arising in contract, tort other otherwise an in respect of all claims and damages arising under these Terms and Conditions shall be an amount no more than the total amount paid or payable by You under these Terms and Conditions during the twelve (12) month period before the date on which the loss or damage giving rise to the claim arose.
6.8 To the extent permitted by Law, Archie Rose excludes all liability to You in respect of any lost revenues, lost profits, loss of data, 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 and Conditions or any sale or supply of Goods by Archie Rose to the You.
7. General
7.1 Force Majeure: We shall not be responsible to You if we are unable to deliver Your order or if we are prevented from performing our obligations under these Terms due to circumstances beyond our reasonable control. We will notify you of any delays to your delivery. However, if we are prevented from performing our obligations beyond a reasonable time then we may, at our discretion, elect to cancel Your order and provide a refund or credit to the value of the cancellation without further liability to You.
7.2 Entire Agreement: These Terms and Conditions, together with your order for Goods, comprise the entire agreement between You and Archie Rose with respect to the supply of Goods.
7.3 Invalidity: If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
7.4 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.
7.5 Governing Law and Jurisdiction: These Terms and Conditions are governed by and construed in accordance with the Law of New South Wales and the Commonwealth of 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 and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions, which will continue in full force and effect. If You access this Website in a jurisdiction other than New South Wales and/or the Commonwealth of Australia, You are responsible for compliance with the Law of that jurisdiction, to the extent that they apply.
7.6 Amendment: These Terms and Conditions 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 and Conditions will represent an agreement by You to be bound by the Terms and Conditions as amended. Where Your access to this Website is terminated, all disclaimers and limitations of liability set out in these Terms and Conditions 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).
Last Updated: 3 September 2025