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Mobile: 0419 651 534 Licence No 33772258/36150691

Terms & Conditions


Agreement

Licence number: 36150691

Licensee: The Bathtub Gin Company

Address: Unit 16/102 Henkel Street Brunswick 3056

Enquiries by phone: +61(0) 419651534

WARNING

Under the Liquor Control Act 1988, it is an offence:

To sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or

For a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.

By using this site you acknowledge that you are aware and comply with all relevant laws regarding the purchase and consumption of alcohol.

The Bathtub Gin Company does not sell alcohol to persons under the age of 18. By using this site you confirm that you are over the age of 18. The Bathtub Gin Company makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 18. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from The Bathtub Gin Company is over the age of 18.

IF YOU DO NOT AGREE WITH THESE CONDITIONS OF USE PLEASE DO NOT USE THIS SITE. If the person receiving the Spirits is unable to produce appropriate ID, our couriers will be unable to leave the alcohol.

Your order is an offer to buy from The Bathtub Gin Company There will be no contract of any kind between you and The Bathtub Gin Company unless and until we accept your order, and in the case of spirits and goods to be delivered to you, when we debit your credit card. At any point up until then, we may decline to supply the goods or services to you without giving any reason. At the moment we accept your order or in the case of delivery of goods, when we debit your credit card, a contract will be made between you and THE BATHTUB GIN COMPANY. All spirits or other goods ordered remain the property of The Bathtub Gin Company payment is received in full. Our total liability to you for non-delivery of purchased goods is limited to the purchase price of the products.

The Bathtub Gin Company shall not be liable for any delay in delivering your spirits if that delay or failure is caused by circumstances beyond our control such as war, riot, civil commotion, malicious damage, compliance with any current or future law or governmental order, rule, regulation or direction, fire, flood, storm or other poor weather conditions, Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.

The Bathtub Gin Company reserves the right to modify the terms, conditions and notices contained on this the website without notice to you. Your continued use of this website after any such change constitutes your agreement to such change. The Bathtub Gin Company further reserves the right to change prices and other information on the website at any time without notice to you. The posting of prices and other terms of sale on this web site shall not constitute a binding agreement and The Bathtub Gin Company is not obliged to sell products on such terms.

All content, including without limitation graphics, logos, text, images and other features, appearing on this website, and their associated copyrights, trademarks and other intellectual property are owned, controlled or licensed by THE BATHTUB GIN COMPANY This content is protected by copyright separately and as a collective work or compilation under Australian and international copyright law and is the property of the THE BATHTUB GIN COMPANY, its licensors, or the party credited as the provider of the content or other third-party owners of the content, as the case may be.

As the user of this website you may not copy, distribute, transmit, reproduce, publish, create derivative works or in any way use any of the content on the this website without the prior written permission of THE BATHTUB GIN COMPANY. This prohibition includes without limitation the publication of any part of this content on any other website, selling or offering it for sale, or using it to create any kind of database.

This site is provided by THE BATHTUB GIN COMPANY on an "as is" basis. THE BATHTUB GIN COMPANY to the maximum extent permitted by applicable law makes no representations or warranties of any kind; express or implied, as to the operation of the site or the information, content, materials, or products included on this site. THE BATHTUB GIN COMPANY disclaims all warranties, express, statutory or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose; warranties or conditions of workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement; warranties or conditions arising in the course of dealing or the usage of trade.

This Agreement comprises the entire agreement between you and THE BATHTUB GIN COMPANY and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. This Agreement is personal to you and you may not transfer, assign, or delegate this Agreement to anyone without the express written permission of THE BATHTUB GIN COMPANY Any attempt by you to assign, transfer, or delegate this Agreement without the express written permission of THE BATHTUB GIN COMPANY shall be null and void.

THE BATHTUB GIN COMPANY makes no representations or warranties whatsoever that access to this website will be uninterrupted or error-free or that any information, software or other material accessible on or through this website is free of viruses or other harmful components. Your use of the THE BATHTUB GIN COMPANY website is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of this website.

THE BATHTUB GIN COMPANY will not be liable for any damages of any kind arising from the use of this site, including without limitation direct, indirect, incidental, punitive or consequential damages.

For your convenience, THE BATHTUB GIN COMPANY may include links to other sites on the Internet that are owned or operated by third parties. When linking to such a site, you do so at your own risk. The inclusion of any link on the THE BATHTUB GIN COMPANY website does not imply that THE BATHTUB GIN COMPANY endorses the linked site.

Risks & Warnings

Customers should also be aware of the following inherent risks and warnings:

Alcohol should be consumed in moderation and never in conjunction with operating a motor vehicle or machinery. Women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. Alcohol consumption may cause health problems.

A case of spirits is heavy, so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.







Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by THE BATHTUB GIN COMPANY (THE BATHTUB GIN COMPANY", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at THE BATHTUB GIN COMPANY ("the website"). They are effective from THE BATHTUB GIN COMPANY and will replace all earlier THE BATHTUB GIN COMPANY of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.




Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.




Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to Australian street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.




Pricing

All prices are in Australian Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.




Payment options

We accept the following credit cards:

Visa, MasterCard and American Express

We also accept payment from your PayPal account if you have one.




Credit Card Security

All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.

Click here to for PayPal's terms.
https://cms.paypal.com/nz/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US





Shipping and delivery

Deliveries will be dispatched from THE BATHTUB GIN COMPANY(VICTORIA) within 7 working days of order and payment processing. Receipt of delivery to purchaser's address is dependent on purchaser's proximity to THE BATHTUB GIN COMPANY and may range from overnight to 7 days.

THE BATHTUB GIN COMPANY will use all reasonable endeavours to deliver by any requested or agreed date, however it does not guarantee delivery on that date and is not liable for any loss resulting from late delivery. Nor does it guarantee that the ordered or requested quantity of goods is delivered. As a small batch distillery, THE BATHTUB GIN COMPANY reserves the right to offer a smaller allocation to its customers than may have been ordered or requested, based on over-subscription of offers.

Deliveries cannot be made to PO boxes or anywhere outside of Australia. In the instance the recipient has provided incorrect or out-of-date details, THE BATHTUB GIN COMPANY is not liable for incorrect or unclaimed delivery.






THE BATHTUB GIN COMPANY accepts that on some rare occasions, a bottle may have a faulty seal or become damaged in transit. Should a product arrive with such issues (and due to no fault of the purchaser) we are happy to replace or provide a credit note for the amount of the purchase.






Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.


To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.




Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.




Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.




General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at https://www.bathtubginco.com.au If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.

 

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