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.
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.
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.
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, offers, favourite products, invitations, or feedback requests.
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 that Product for the price notified at the time.
4.3. We may ask you to provide additional details or require you to confirm details to process your Orders.
4.4. You agree that all information provided by you is current, complete and accurate.
4.5. Northern Territory orders are subject to Minimum Unit Price Legislation compliance checks.
5.1. We reserve the right to accept or reject your Order for any reason, including cancellation under clause 13.
5.2. Each accepted Order forms a separate binding agreement when accepted at one of our licensed premises.
6.1. Orders for liquor products are accepted and distributed only from our licensed premises and subject to relevant liquor licensing acts.
6.2. You:
(a) acknowledge it is against the law to sell or supply alcohol or tobacco to persons under 18; and
(b) warrant that you are over 18 and not obtaining such products for persons under 18.
7.1. Unless otherwise stated, you may order up to 10 cases of beer, 36 bottles of wine, and 24 spirits per transaction. Minimum delivery order is $20.
7.2. You may not purchase items for resale or trade purposes. We may contact you to reduce Order quantities if necessary.
8.1. Delivery is limited to a maximum of 10 cartons or cases per Order.
8.2. You must comply with delivery requirements specified at checkout.
8.3. Delivery will only be made to persons over 18 years old who can provide valid ID.
8.4. We will not deliver to persons who appear intoxicated or abusive.
8.5. If proof of ID is not provided or delivery refused, a new delivery time may be arranged (additional fees may apply).
8.6. We may record identification details for compliance purposes.
We have processes in place to detect fraudulent or illegal transactions. We may contact you to confirm payment details. Orders may be cancelled if verification fails.
10.1. Risk passes to you at collection or upon delivery.
10.2. Title passes to you upon payment and collection/delivery.
11.1. We may cancel or refuse Orders for reasons including:
(a) Product unavailability;
(b) Payment failure;
(c) Pricing or description errors;
(d) Multiple or bulk Orders; or
(e) Fraudulent or unlawful activity.
11.2. If we cancel an Order:
(a) you will be notified, and payments refunded; or
(b) for same-day cancellations, a $20 or lesser cancellation fee may apply.
12.1. You agree to pay:
(a) Product purchase prices;
(b) Applicable cancellation fees; and
(c) Any other notified charges.
12.2. All prices include GST.
12.3. We are not obligated to match prices between locations.
12.4. Prices may change without notice.
12.5. Refunds for unavailable Products will be processed within 3–5 business days.
13.1. Products may be unavailable or substituted with similar value Products.
13.2. Substitutions will be offered with your consent.
13.3. If items are missing, refunds or coupons will be issued for unavailable Products.
You may be entitled to a remedy under the consumer guarantees of the Australian Consumer Law.
You must:
(a) Keep your LoginID and password secure;
(b) Notify us of unauthorised account use;
(c) Update your personal information;
(d) Provide your date of birth for restricted Products;
(e) Cover any access costs (e.g. internet fees);
(f) Take responsibility for all use of your account; and
(g) Check labels before consuming or using Products.
You must not:
17.1. We may suspend or terminate your account if you breach these terms or act fraudulently.
17.2. If your account is suspended or deleted, any entitled credits will be refunded after verification.
You warrant that:
(a) all information provided is accurate and complete;
(b) authorised persons may collect your Orders; and
(c) you comply with all applicable laws.
19.1. Our Returns Policy incorporates your Australian Consumer Law rights.
19.2. We exclude all non-statutory warranties. The Site and Products are provided “as is.”
19.3. We are not liable for indirect, incidental, or consequential losses.
19.4. Our liability is reduced to the extent of your contribution to any loss or damage.
20.1. We may suspend or terminate your access if:
(a) you breach these terms and fail to remedy within 10 days;
(b) required by law; or
(c) due to force majeure events.
20.2. You may cease using the Site at any time.
20.3. We may discontinue the Site without prior notice.
20.4. We are not liable for failures caused by events beyond our control.
21.1. All content, software, design, and materials on the Site are owned or licensed by us.
21.2. You may only:
(a) store unaltered content for personal viewing; and
(b) print unaltered content for purchasing purposes.
21.3. You must not reproduce, distribute, or modify Site materials without written consent.
22.1. We may change these terms without notice. Updated terms take effect when posted.
22.2. Orders accepted before changes will remain under previous terms.
23.1. External links are provided for convenience only; we are not responsible for their content.
23.2. Invalid or illegal clauses will be severed without affecting the remainder.
23.3. These terms are governed by the laws of New South Wales, Australia.
23.4. We do not warrant that all Site information is accurate, complete, or up to date.
23.5. We are not responsible for damage or interference to your computer systems.
24.1. Our Privacy Policy forms part of these terms.
24.2. You consent to receive commercial electronic messages (e.g. email, SMS) until you opt out.
24.3. You may opt out via the unsubscribe link in any message.
We are not responsible for user-generated reviews or comments and disclaim liability for their accuracy or completeness.
