Terms& Conditions

TERMS AND CONDITIONS

ABOUT THIS WEBSITE

This website is published by ARTISAN GIN CO. PTY LTD ABN [Insert ABN] trading as Rivertown & Red Queen Bar (“Artisan Gin Co.”), Liquor - Producer Wholesaler License #[Insert License Number].
Your use of www.artisangin.com.au (“website”) is subject to these terms and conditions of use (“Terms of Use”). All services provided by Artisan Gin Co., including any services provided through this website, are governed at a minimum by these Terms of Use and by all of the policies of Artisan Gin Co. 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.
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 Artisan Gin Co. 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 Artisan Gin Co. 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 Artisan Gin Co., the date the Buyer places an order on the website.
“Goods“ means the products and services provided by Artisan Gin Co., the subject of an order placed by the Buyer with Artisan Gin Co. and accepted by Artisan Gin Co. 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 Artisan Gin Co. to the Buyer;
“Intellectual Property“ means any intellectual or industrial property owned by Artisan Gin Co. or used in connection with the business of Artisan Gin Co., including without limitation:

any graphics, logos distinctive brand features, text, icons and the arrangement of them;
any patent, know-how, trade mark, service mark, copyright, invention, design, trade secret or confidential information;
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;
any computer software licence agreement and maintenance agreements;
the trade marks, business names, whether registered or unregistered of Artisan Gin Co.;
any registered domain names of Artisan Gin Co.;
any intellectual property created by contractors or other third parties engaged by Artisan Gin Co. or a related party of Artisan Gin Co. and vested in Artisan Gin Co. by way of agreement; and
any other intellectual property or rights whether registered or not used in connection with or forming part of the business of the Artisan Gin Co.;

“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 Artisan Gin Co. to the Buyer, the price payable by the Buyer to Artisan Gin Co. 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 Artisan Gin Co. to the Buyer, as current from time to time;
“Privacy Act“ means the Privacy Act 1988 (Cth);
“Promotional Material“ means any material provided by Artisan Gin Co. 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:

references to a party in these Terms of Use include the executors, administrators, successors and permitted assigns of that party;
references to any statute, ordinance or other Law include all regulations and other instruments thereunder and all consolidations, amendments, re-enactments or replacements thereof;
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;
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
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

Artisan Gin Co. may, at any time, add or remove content from this website without notice.
Any articles, information or content published on this website must be read subject to these Terms of Use.
Although Artisan Gin Co. 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 Artisan Gin Co. cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Artisan Gin Co.. You agree to make your own enquiries to verify information provided.
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 Artisan Gin Co..
This website may feature or display third-party advertising or content. By featuring or displaying such advertising or content, Artisan Gin Co. does not in any way represent that Artisan Gin Co. recommends or endorses the relevant advertiser, its products or services. Artisan Gin Co. 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 Artisan Gin Co. 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.
Artisan Gin Co. 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. Artisan Gin Co. does not accept any responsibility in connection with your participation in activities conducted by any other party.

USE OF THE WEBSITE

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.
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.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate Law enforcement authorities.
Artisan Gin Co. 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.
Artisan Gin Co. may in its sole discretion restrict your access to this website. If Artisan Gin Co. does this, you may be prevented from accessing all or parts of the website. Artisan Gin Co. will not be liable to you or any third party for doing so.
As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
Artisan Gin Co. 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, Artisan Gin Co. may withdraw this website, or change or remove website functionality at any time without notice to you.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all Intellectual Property, including all intellectual property rights, graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Artisan Gin Co. or a related body corporate of Artisan Gin Co., 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.
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. Artisan Gin Co. makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
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 Artisan Gin Co. or, in the case of third-party material, from the owner of the copyright in that material.
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.
If you correspond or otherwise communicate with Artisan Gin Co., you automatically grant to Artisan Gin Co. an irrevocable, perpetual, non-exclusive, royalty-free, worldwide 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.
The Buyer acknowledges and agrees that all Intellectual Property including in the Goods is owned by Artisan Gin Co. or a related body corporate of Artisan Gin Co., 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.
Title to the Intellectual Property shall at all times remain with Artisan Gin Co. 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.
You acknowledge that to the extent permissible by law, the Intellectual Property is the exclusive property of, and is owned by, Artisan Gin Co., if the Goods are transformed or mingled with other goods.
You must not at any time, without the prior express written consent of Artisan Gin Co., apply for registration of any patent, business name, trademark, 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

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 Artisan Gin Co. and Artisan Gin Co. is not responsible for the operation, availability or content of any linked website or any link contained in a linked website. Artisan Gin Co. provides these links to you for convenience only and the inclusion of any link does not imply an endorsement by Artisan Gin Co. in relation to the linked website. You access linked websites at your own risk. Subject to law and any non-excludable rights, Artisan Gin Co. 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.
Artisan Gin Co. reserves the right to prevent third parties from linking to this website.

SECURE DATA AND TRANSMISSIONS

Given the nature of the internet, Artisan Gin Co. 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 Artisan Gin Co. does not warrant that your access to the website will be uninterrupted, error-free or that any defects will be corrected. Whilst Artisan Gin Co. and its third parties take precautions to protect information, Artisan Gin Co. 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 Artisan Gin Co. or its third party receives your transmission, Artisan Gin Co. and its third parties will take reasonable steps to preserve its security.
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 Artisan Gin Co. 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

Artisan Gin Co. 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.
Artisan Gin Co. 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 Artisan Gin Co. 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, Artisan Gin Co. 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.
The use of the information on this website is at your own risk. To the extent permitted by law, Artisan Gin Co. 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, Artisan Gin Co. limits its liability to the re-supply of the relevant information, goods or services.
Nothing in these Terms of Use excludes, or is 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 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

Artisan Gin Co. 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 Artisan Gin Co.. Artisan Gin Co. 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 Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, 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 Queensland, Australia, you are responsible for compliance with the law of that jurisdiction, to the extent that they apply. Artisan Gin Co. 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:

Queensland: It is an offence to supply liquor to a person under the age of 18 years - Liquor Act 1992.

SALE CONDITIONS

PRE-CONDITION ACKNOWLEDGEMENT

Artisan Gin Co. is a responsible retailer of liquor and we take our legal responsibilities seriously.
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.
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.
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.
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

Artisan Gin Co. may replace or vary any Price List from time to time prior to the placement of any order for Goods by the Buyer.
With each delivery of Goods sold or supplied by Artisan Gin Co. to the Buyer, Artisan Gin Co. 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.
The Buyer must pay Artisan Gin Co. for Goods supplied by the Due Date.
The Price must be paid in cleared funds, by credit card by the Due Date.

Pricing Guarantee

Artisan Gin Co. is committed to providing our customers with the best value on our premium gin products. To ensure our customers receive the best possible price, we offer the following Pricing Guarantee:

Eligibility: This Pricing Guarantee applies to purchases made directly from Artisan Gin Co.’s website. The offer is valid for seven (7) days from the date of purchase.
Guarantee Terms:

If you find a bottle of gin at a lower price than the price paid on our website within seven (7) days of your purchase, we will provide a gift card for the value of the difference.
The lower-priced gin must not be on sale as a loss leader, part of a stock clearance, or purchased from a duty-free store.
The lower price must be offered by a legitimate Australian retailer, excluding online auction sites and marketplaces.

Claim Process:

To make a claim, you must contact us within seven (7) days of your purchase date.
You must provide a receipt of your purchase from Artisan Gin Co. and relevant information about the store offering the lower price, including the store name, location, and the price of the gin.
All claims must be substantiated with adequate proof of the lower price, such as a catalogue, advertisement, or a photograph showing the price and date.

Exclusions:

This guarantee does not apply to products that are on sale as loss leaders, part of stock clearance sales, or sold in duty-free stores.
The guarantee is limited to one claim per customer per purchase.

Gift Card Issuance:

Upon verification of the lower price and approval of the claim, Artisan Gin Co. will issue a gift card for the value of the difference between the price paid and the lower price.
The gift card will be sent to the customer’s registered email address within 14 days of claim approval.

General Conditions:

Artisan Gin Co. reserves the right to verify the validity of all claims and to reject any claim that cannot be substantiated or does not meet the criteria outlined in these terms and conditions.
This guarantee is subject to change or termination at any time without prior notice. Any changes will be posted on our website.

By offering this Pricing Guarantee, Artisan Gin Co. aims to provide assurance and peace of mind to our valued customers, ensuring they receive the best value for their purchases.

For any questions or to submit a claim, please contact our customer service team at cs@ginschool.co

DELIVERY, TITLE AND RISK

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
Artisan Gin Co. shall not be liable for any loss or damage due to any failure by Artisan Gin Co. to deliver any Goods promptly.
Delivery dates or times indicated by Artisan Gin Co. 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 Artisan Gin Co. unless agreed in writing by Artisan Gin Co..
Artisan Gin Co. may, in the sole discretion of Artisan Gin Co., delay delivery of any Goods until Artisan Gin Co. has received payment from the Buyer of all money due by the Buyer to Artisan Gin Co. in respect of those Goods and any other Goods previously sold by Artisan Gin Co. 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.
Artisan Gin Co. may, in the sole discretion of Artisan Gin Co., 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 Artisan Gin Co.'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).
Artisan Gin Co. 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

The Buyer has no right to cancel, or vary, any order for Goods after Artisan Gin Co. has accepted that order.
If Artisan Gin Co. 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.
Artisan Gin Co. 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 Artisan Gin Co. rejects an offer to purchase Goods, any money paid by the Buyer for those Goods will be refunded to the Buyer.

LIMITATION OF LIABILITY

Artisan Gin Co. 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 Artisan Gin Co. 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”). Artisan Gin Co. 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 Artisan Gin Co. to the Buyer of Goods.
Subject to Law (including the Non-Excludable Rights), Artisan Gin Co. makes no representation and gives no warranty in relation to any sale or supply of Goods by Artisan Gin Co. to the Buyer.
The Buyer acknowledges that the Buyer has not relied upon any representation or warranty made by or on behalf of Artisan Gin Co. 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 Artisan Gin Co. in relation to any future sale or supply of Goods by Artisan Gin Co. to the Buyer, which is not expressly agreed in writing by Artisan Gin Co. prior to the sale or supply of those Goods, subject in all respects to the written Law (including the Non-Excludable Rights).
To the extent permitted by Law, in respect of each sale or supply of Goods by Artisan Gin Co. to the Buyer: (a) each CC Act Implied Term is expressly excluded; and (b) the liability of Artisan Gin Co. 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 Artisan Gin Co. with respect to the supply of Goods.

PRIVACY ACT 1988 (CTH)

Artisan Gin Co. 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.
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 Artisan Gin Co. in order to enable Artisan Gin Co. to carry on its business and supply the Goods.