Terms and Conditions

1.   About the Website

Welcome to diftersenddistilling.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content of the Website (the ’Purchase Services’).

The Website is operated by Drifter’s End Distilling Company Pty Ltd (ABN 46 644 444 968). Access to and use of the Website, or any of its associated Products or Services, is provided by Drifter’s End Distilling Company Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.

Drifter’s End Distilling Company Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Drifter’s End Distilling Company Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of the updates to the Terms. Any change to the Terms take immediate effect from the date of their publication.

2.   Acceptance of the Terms

You accept the Terms by remaining on the Website.

3.   Legal Drinking Age

You may not purchase alcohol from our website if you are a person barred from receiving alcohol under the laws of Australia.

You need to be of legal drinking age in Australia in order to purchase from our website.

4.   Users Obligations

As a user, you agree to comply with the following: You will use the Purchase Services only for the purposes that are permitted by:

  1. The Terms;

  2. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

  3. Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you rof the purposes of Drifter’s End Distilling Company Pty Ltd providing the Purchse Services;

  4. You will not use the Purchase Services or Website for any illegal and/or unauthorised use;

  5. You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5.   Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price as listed on the Website for the Product (the ‘Purchase Price’).

Payment of the Purchase Price may be made through SquareSpace, Stripe and PayPal (the ‘Payment Gateway Provider’). In using the purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by Drifter’s End Distilling Company Pty Ltd, you will be issued with a receipt to confirm that they payment has been received and Drifter’s End Distilling Company Pty Ltd may record your purchase details for future use.

Drifter’s End Distilling Company Pty Ltd may, at their sole discretion, provide a refund or replacement of a Product when notified of a fault or defect within 24 hours of receiving the delivery. Drifter’s End Distilling Company Pty Ltd will pay all shipping costs associated with the return and replacement of the product.

6.   Warranty

Drifter’s End Distilling Company Pty Ltd’s Products come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product, or if the Product fails to be of acceptable quality does not amount to a major failure (the ‘Warranty’).

You may make a claim under this clause (the ‘Warranty Claim’) for Product faults within 24 hours of receiving the delivery (the ‘Warranty Period’).

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Drifter’s End Distilling Company Pty Ltd showing the date of purchase, list the item that is faulty, provide a description of the fault, and send written notice to info@driftersenddistilling.com.au.

Where the Warranty Claim is accepted then Drifter’s End Distilling Company Pty Ltd will, at its sole discretion, replace any fault Products with a new Product.

The Warranty shall be the sole and exclusive warranty granted by Drifter’s End Distilling Company Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged for defaced, which has been subject to misuse, abnormal service, or which has been altered or modified in any way.

7.   Delivery

You acknowledge that the Purchase Services offered by Drifter’s End Distilling Company Pty Ltd integrate delivery (the ‘Delivery Services;) through the use of third-party delivery companies (the ‘Delivery Service Providers’).

Australia Post is the nominated Delivery Service Provider. You acknowledge and agree that Drifter’s End Distilling Company Pty Ltd is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the event that an item is lost or damanged in the course of the Delivery Services, Drifter’s End Distilling Company Pty Ltd asks that you contact us by sending an email to info@driftersenddistilling.com.au outlining in what way the Products were damaged in transit so that we may assist in resolving the issue and review whether a new Delivery Service Provider is required.

8.   Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of Drifter’s End Distilling Company Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Drifter’s End Distilling Company Pty Ltd or its contributors.

Drifter’s End Distilling Company Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

  1. The business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Drifter’s End Distilling Company Pty Ltd; or

  2. The right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

  3. A system or process that is the subject of a patent, registered design or copyright(or an adaption or modification of such a system or process).

You may not, without prior permission of Drifter’s End Distilling Company Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9.   Privacy

Drifter’s End Distilling Company Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Drifter’s End Distilling Company Pty Ltd’s Privacy Policy, which is available on the Website.

10. General Disclaimer

You acknowledge that Drifter’s End Distilling Company Pty Ltd does not make any terms, guarantees, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Drifter’s End Distilling Company Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representation or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  1. All terms, guarantees, warranties, representation or conditions which are not expressly stated in the Terms are excluded; and

  2. Drifter’s End Distilling Company Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of Drifter’s End Distilling Company Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Drifter’s End Distilling Company Pty Ltd are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Drifter’s End Distilling Company Pty Ltd (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Drifter’s End Distilling Company Pty Ltd) referred to on the Website. This includes (but is not limited to) loss or damage you might suffer as a result of the following:

  1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communications line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

  2. The accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

  3. Costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

  4. The Content or operation in respect to links which are provided for the User’s convenience;

  5. Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

  6. Any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

Drifter’s End Distilling Company Pty Ltd’s liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price, then the total liability of Drifter’s End Distilling Company Pty Ltd is the resupply of information of Purchase Services to you.

You expressly understand and agree that Drifter’s End Distilling Company Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), and loss of goodwill or business reputation and any other intangible loss.

Drifter’s End Distilling Company Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Drifter’s End Distilling Company Pty Ltd, by third parties or by any of the Purchase Services offered by Drifter’s End Distilling Company Pty Ltd.

You acknowledge that Drifter’s End Distilling Company Pty Ltd does not provide the Delivery Services to you and you agree that Drifter’s End Distilling Company Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

The Terms will continue to apply until terminated by either you or by Drifter’s End Distilling Company Pty Ltd as set out below.

If you want to terminate the Terms, you may do so by:

  1. Notifying Drifter’s End Distilling Company Pty Ltd at any time; and

  2. Closing your accounts for all of the Purchase Services which you use, where Drifter’s End Distilling Company Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to Drifter’s End Distilling Company Pty Ltd via the ‘Contact Us’ link on our homepage.

Drifter’s End Distilling Company Pty Ltd may at any time, terminate the Terms with you if:

  1. You have breached any provision of the Terms or intend to breach any provision;

  2. Drifter’s End Distilling Company Pty Ltd is required to do so by law;

  3. Drifter’s End Distilling Company Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

  4. The provision of the Purchase Services to you by Drifter’s End Distilling Company Pty Ltd is, in the opinion of Drifter’s End Distilling Company Pty Ltd, no longer commercially viable.

Subject to local applicable laws, Drifter’s End Distilling Company Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without Notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Drifter’s End Distilling Company Pty Ltd’s name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Drifter’s End Distilling Company Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

You agree to indemnify Drifter’s End Distilling Company Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any Content you post through the Website;

  2. Any direct consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

  3. Any breach of the Terms.

14. Dispute Resolution

a.    Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been compiled with (except where urgent interlocutory relief is sought).

b.   Notice:

A party to the Terms claiming a dispute (’Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

c.    Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

  1. Within 5 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

  2. If for any reason whatsoever, 5 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Tasmanian Bar or his nominee;

  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

  4. The mediation will be held in Tasmania, Australia.

d.   Confidential:

All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

e.    Termination of Mediation:

If 2 weeks have elapsed after the start of the mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

The Purchase Services offered by Drifter’s End Distilling Company Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Tasmania, Australia.

16. Governing Law

The Terms are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit o the parties hereto and their successors and assigns.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.