Terms and Conditions
General
1.1. This site for which this Terms and Conditions document is located (“Site”) is a shopping website where you can browse, select and order products advertised on the Site (“Products”) from Dionysus Ark Pty Ltd (ABN 47635737478) (“us” or “we”).
1.2. Please read these terms and conditions before using the Site.
1.3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
Your agreement to the terms and conditions
2.1. By accessing and using the Site, including completing your registration, or placing orders for Products through the Site, you agree that you will be subject to and bound by, and will comply with, these terms and conditions.
Registration
3.1. Any personal information that you give us will be held and may be used or disclosed by us in accordance with our privacy policy referred to in clause 24 below.
3.2. You may not have more than one active account at any one time, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. There cannot be more than two accounts per billing address.
3.3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities. Please note that we will use the email address provided by you to notify you of relevant information from time to time.
3.4. Please note that we will use the email address provided by you to notify you of relevant information from time to time, including (but not limited to) information about your orders, our latest offers or your favourite products, invitations to participate in events or provide feedback about our products.
Placing an Order for Products
4.1. You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions (“Order”).
4.2. Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including any charges and taxes) at the time you place the Order.
4.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
4.4. You agree that all information provided by you to us, including but not limited to when you place an Order, is current, complete and accurate details.
4.5. If you are a Northern Territory resident or ordering this for delivery to the Northern Territory the listing of a product on our site does not constitute an offer to sell that product to you. Prior to any offer or acceptance, additional price checks will be completed and the price of the product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation. This may change the final price calculation for your order.
Acceptance or rejection of an Order
5.1. We reserve the right to accept or reject your Order for any reason, including a cancellation in accordance with clause 13.
5.2. Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. The agreement for each Order accepted by us will only be created when accepted at one of our licensed premises (see clause 6.1) and will be in accordance with these terms and conditions and any additional offer terms or promotions notified to you, or that you are aware of, at or before entry into the agreement.
Restricted Products
6.1. All Orders that we accept for liquor products are only accepted, processed and distributed by us from, and are transmitted from, our licensed premises only. The Orders and any acceptance or agreement are subject to our obligations under the various liquor licensing acts that may be applicable in each of the jurisdictions in which we operate and our obligations to comply with responsible service of alcohol obligations.
6.2. You:
(a) acknowledge that it is against the law to sell or supply alcohol or tobacco products to, or obtain alcohol or tobacco products on behalf of, a person under the age of 18 years; and
(b) warrant that you are over 18 years of age and are not obtaining alcohol (including liquor Products) or tobacco (including tobacco Products) on behalf of a person under the age of 18 years.
Minimum and maximum amounts in each Order
7.1. Unless otherwise indicated on the Site and otherwise subject to our obligations under all relevant laws, you may order up to 10 cases of beer, 36 bottles of wine and 24 spirit items of a particular variety in a single transaction (there may be lower limits for promotional Products. We will inform you of these limits on the Site when you place the Order or within a reasonable time after you submit your Order); and there is a $20 minimum purchase amount for delivery orders.
7.2. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order and/or we may reduce the size of the Order.
Delivery of Products
8.1. Product delivery is limited to a maximum of 10 cartons or cases of Products per Order.
8.2. You agree to comply with the delivery requirements specified below and such other delivery requirements as made known by us to you when you place your Order or within a reasonable period after you submit your Order.
8.3. Products will only be delivered to the person named on the Order or a person who is at the address you have nominated for delivery provided that person is over the age of 18. In any case, the person taking delivery may be required to provide proof of identity (including photographic identification and date of birth).
8.4 We will not deliver Product to a person who is below the age of 18, appears intoxicated or is abusive.
8.5. If the person taking delivery cannot provide proof of identity and date of birth as required, or if they appear to be intoxicated or are abusive, delivery will be refused. If this happens we will endeavour to contact you or you may contact us, to arrange a new delivery date and time. You may be charged an additional delivery fee for this.
8.6. You acknowledge that we may collect and record the details of any identification provided in relation to delivery of Products. The personal information collected will be held and may be used in accordance with our privacy policy.
Fraud and risk assessment
We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms and conditions. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may not accept or cancel your order.
Risk and title
10.1. Risk in the Products passes to you at the time of collection from us unless Products are the subject of a delivery Order, in which case risk passes at the time they are delivered to you. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products; and
(b) for Pick Up Orders, collection of those Products from us; or
(c) for delivery Orders, supply of those Products by us.
Cancelling an Order
11.1. We may cancel any Order, or refuse to accept an Order, or part of an Order at any time (including any Orders that we have accepted or issued an invoice for) without any liability to you for that refusal or cancellation at any time if:
(a) the requested Products in that Order are not available;
(b) we are unable to process your payment;
(c) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order;
(d) the placement of multiple orders which meets our Bulk Order criteria as outlined in clause 10.1 (c); or
(e) we reasonably suspect fraudulent or unlawful activity.
11.2. If we cancel an Order:
a) in accordance with clause 11.1(a) or 11.1(c) we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any bank fees and charges, will be refunded to your original payment method or through an alternative means selected by us.
(b) or any other reason: we will provide you with reasonable notice of that cancellation. If your Order is cancelled before the day of collection, then the full payment amount, including any bank fees and charges, will be refunded to your original payment method or through an alternative means selected by us. If your Order is cancelled on the day of collection, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made. If any payment has been made in excess of $20, we will refund that excess amount to your original payment method or through an alternative means selected by us.
Fees and charges
12.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the cancellation fee for an Order that is cancelled as set out in clause 11.3(b)(ii); and
(c) any other fees and charges set out in these terms and conditions or as notified by us to you from time to time.
12.2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
12.4. You acknowledge that:
(a) we are not required or obligated to match any prices for any Products, including matching any prices for a Product that is available through the Site, or vice versa; and
(b) all pricing displayed on the Site may differ depending how it was delivered to you, or should no store be selected, the default store selected using your IP (for example, the price for a Product in Sydney may differ to the price for that same Product in Melbourne).
12.5. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (including clause 12.7), once we have accepted your Order, we will not change any prices that apply to the Products in that Order.
12.6. If a Product that you have ordered is not available and we have not provided you with a substitute, then we will provide you with a refund within 3-5 business days to your card of purchase to the value of the Products that were not supplied to you.
Substitution or missing items in your Order
13.1. You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
13.2. For your Order: should we be unable to supply a Product in an Order, then we will endeavour to provide you with a substitute Product. We aim to select substitute Products that are of similar value and quality, but (subject to clause 16.5) we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.
13.3. For Pick Up and Delivery Orders: if a Product ordered by you is out of stock, we will endeavour to contact you to ask whether you wish to be provided with a substitute Product of equal or greater value than the Product you selected. If you agree, we will charge you the price of the Product you ordered rather than the price of the substitute Product.
13.4. If there are items missing from your collection or delivery, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock and a substitute product has not been provided. If so, then we will provide you with a refund to your card of purchase or coupon for the Products that were not supplied.
Returns
You may be entitled under the consumer guarantees provisions of the Australian Consumer Law.
Your general obligations
You:
(a) must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
(b) must notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) must provide us with your date of birth to place an Order for a Restricted Product (for example, a Product that contains alcohol or tobacco) or where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;
(e) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(f) are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
(g) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
(h) should check the labels on the Products before consumption or use.
General restrictions
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
Suspension of account
17.1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we deem that you have likely acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. We also reserves the right to otherwise cancel Orders in accordance with clause 13.
17.2. If we lock, suspend or delete your account under clause 17.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
Warranties
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person collecting the Products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order with us.
Liability
19.1 Our Returns Policy includes the rights you have under the Australian Consumer Law and provides you with additional benefits in addition to those rights.
There are certain guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
19.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our potential liability under those provisions:
(a) you acknowledge that the Site and each Product is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products, services and the Site or the subject matter of this agreement to the maximum extent permitted; and
(c) we (and our related bodies corporate, agents, employees, officers and representatives) will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind).
19.3. Our liability (and any liability of our related bodies corporate, agents, employees, officers and representatives) to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether the liability arises in contract, tort (including negligence), under any statute or otherwise.
Termination
20.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account for any reason, including:
(a) if you breach these terms and conditions and:
(i) the breach cannot be remedied; or
(ii) you fail to the remedy the breach within 10 days of our notice to you of that breach;
(b) if it is required by law; or
(c) iif there is an event or circumstances outside of our control which causes us to be unable to comply with all or a material part of our obligations, or results in us being unable to enforce our rights, under these terms and conditions.
20.2. You may stop using the Site at any time and for any reason
20.3. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
20.4 We may terminate any Orders and will not be responsible or liable for failure to perform any obligation in connection with an Order or otherwise in connection with the use of the Site if such failure is caused by the occurrence of any matter beyond our control including, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
Intellectual property rights
21.1. You:
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
21.2. We grant you a temporary, non-exclusive licence to:
(a) store a reproduction of the content on this Site (in unaltered form) on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content on this Site (in unaltered form) for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use,
other than for content where express notice is given to the contrary.
21.3. This Site may contain registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
Changes to these terms and conditions
22.1. We may change these terms and conditions at any time, without notifying you and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process. If following any such change you continue to use the Site, then you will be deemed to have accepted those changes or modifications.
22.2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
General
23.1. The Site may contain links to external websites that are not operated by us or our related bodies corporate.
These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
23.2. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
23.3. This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
23.4 We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Site, including in relation to product descriptions or other content of this 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.
23.5 We do not accept responsibility for any interference or damage to your computer system, including loss of data or security breaches, which may arise in connection with your use of the Site or any linked website.
Privacy and receiving Commercial Electronic Messages
24.1 Our Privacy Policy is available on the Site and forms part of these terms and conditions. You acknowledge and agree to the terms of our Privacy Policy.
24.2 You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail) where you have not opted out (as described below) from receiving such electronic messages sent to you by us via those channels or media. Your agreement to receive commercial electronic messages from us will be effective until you opt out.
24.3 You may opt out of the receipt of commercial electronic messages, by using the unsubscribe facility in the footer of any commercial electronic message. If you tell us you opt out of the receipt of such material, you will only receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or the Privacy Policy, Account transactions or other important information relating to products you have purchased.
Product Reviews
We are not responsible for reviews or comments left on this site by users and accept no liability for the accuracy, completeness or truthfulness of those reviews.
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