Sales Terms & Conditions

GINPORIUM - SALES TERMS & CONDITIONS

These Terms and Conditions (Terms) apply to all sales made to you on www.theginporium.com (Site). 

These Terms form the agreement under which we will supply products and related services to you. Please read these Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products or related services from us. 

You accept these Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms, and that you are 18 years or older. You should not purchase from us if you do not agree to these Terms, if your designated delivery address is in a dry area or if you are not 18 years or older. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years’ or to supply alcohol to a designated dry area. 

Our Terms of Use set out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on the Site.

1.             Registration: You do not have to register on the Site in order to make a purchase; you may purchase goods as a guest visitor. We will provide a confirmation of account registration if you register on the Site. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

2.             Products and Orders:

• You may order from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products, our ability to validate payment for the products, our inability to validate that you are over 18 years of age and the location to which we are supplying the order.

• It is your responsibility to check the order details, including product and pricing, before you complete your order on the Site, via telephone or via email.

• We will provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated.

• A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Terms will be effective unless we both agree to the changes in writing.

• You can cancel your order at any time prior to your order being dispatched. If the product has already been dispatched then you cannot cancel your order.

• Please be aware it is an offence to supply alcohol to or obtain alcohol on behalf of a person under the age of 18 years or for a person under the age of 18 years to purchase or receive liquor. You must not order from us on behalf of a person under 18 years of age.

3.             Price and Payments:

(a)             You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown.

(b)             You must pay for the product by one of the methods set out on the Site including via credit card, PayPal or direct transfer. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

 

4.             Availability and Cancellation:

(a)             All purchases made with us are subject to availability. We do our best to keep in stock most products that are advertised by us, and to keep the Site up to date with availability of products.

(b)             If there is a considerable delay in dispatching your order, or if for any reason we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

(c)             If certain products are out of stock, discontinued or unavailable for whatever reason, we will contact you using the contact details provided when you placed the order and propose to substitute a product with another product of similar appearance, value and size. If you do not accept the proposed substitute product, you may cancel your order.

5.             Delivery:

(a)             Location: We deliver Australia wide except to designated “dry areas”. You are responsible for ensuring that we can lawfully deliver the goods to your designated address. We only deliver to street addresses; we cannot deliver to PO boxes. Please refer to the delivery information on the Site to check that you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

(b)            Cost: Usually a delivery fee will apply, as set out on the Site. However, we may offer free delivery for purchases over a certain amount from time to time as part of a promotion for a limited period. To see whether free delivery does apply, please refer to our Site.

(c)             Timing: We will normally dispatch the product within 2 business days from the receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order.

(d)            Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date or if you provide us the wrong delivery address (including an address in a dry area), you may be charged a delivery fee for each additional attempt for delivery.

(e)             Method: We may deliver the products via a range of delivery methods. All deliveries must be signed for by a person over 18 years of age. If neither you nor your authorised representative is at the delivery address to accept delivery you will be notified, generally by the delivery company leaving a card with contact details, so that you can arrange another delivery time and date (at your expense). Your authorised representative must be over the age of 18 years. The deliverer or the post office may ask you or your authorised representative to present proof of identity (including proof of age).

(f)              Title: Title in the products will not pass to you until the later of delivery or your payment been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

6.             Discount Codes and Promotions:

We may from time to time offer promotional discount codes, which may be applicable to goods on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.

7. Gift Cards:

Gift cards purchased from us may be used only for purchases on our Site. You can redeem the value on the gift card up to the expiration date set out on the gift card. If you use a gift card after its expiration date, subject to our sole discretion, we may not accept payments made using said gift card. It is your responsibility to keep track of the expiration date. We will not send you any reminders of when your gift card(s) will expire.

8. Intellectual Property

(a) Intellectual Property includes but is not limited to:

• all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
• all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
• all work product developed in whole or in part by us.

(b) We own all Intellectual Property rights in the Site, business, products and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

9.             Dispute

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products, please contact us. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

• The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
• If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

10.   Consumer Law, Return, Refund and Exchange Policy

(a)                ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms.

(b)                Goods: If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

(c)                Warranties: Seller: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. Manufacturer: The product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers' warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty.

(d)                Replacement or a refund: If you wish to seek replacement or a refund for a product, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.

(e)                Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Terms. Any refund we make will be by the same payment method used to purchase the product. We will reimburse the cost of return shipping, if the refunded product is deemed faulty, upon receipt of a copy of the receipt. We do not provide refund for change of mind so please choose the product carefully. If your order is returned because your designated delivery address is in a dry area, we will give you a refund less any cost of return shipping.

• Custom-made products: Subject to this clause, we will not accept for return any product that has been used or if your product is custom-made or is a special buy product including any bespoke gift sets.
• Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. If you are returning a product via post, you must return the product using registered post or another postal method where we can track the product. If we arrange for any products you want returned to be collected, we will collect it usually within 5 business days.
• Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

11. Limitation of Liability and Disclaimers:

(a) While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
(b) To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the products and services, the Site and these Terms, except those set out in these Terms, including but not limited to:

• implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
• the Site or the products being unavailable; and
• any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or these Terms, even if we were expressly advised of the likelihood of such loss or damage.

(c) Limitation: Our total liability arising out of or in connection with the products, the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Terms.

This clause will survive termination of these Terms.

12. Amendment: These Terms may be amended from time to time without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms before purchase. Our agents, employees and third parties do not have authority to change these Terms.

13. Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

14. General:
(a) Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines
(b) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law. If we discover a pricing error, it is at our discretion to supply the goods for the incorrect price. If we decide not to supply the goods for the incorrect price, we will contact you to give you the option to buy at the correct price or, if not, to give you a full refund if payment has already been processed.
(c) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you.
(d) GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
(e) Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
(f) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.

(g) Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.

(h) Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

(i) Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.
(j) Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(k) Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
(l) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

For any questions or notice, please contact us at:

The Ginporium

PO Box 482

St Leonards NSW 2065

info@theginporium.com

 

Last update: 1 August 2020