STONEFLOW GIN AND FLOWSTONE DISTILLERY AUSTRALIA PTY LTD: TERMS & CONDITIONS
- These Terms & Conditions govern your use of www.stoneflow.com.au (Website) and the purchases you make through it. By using the Website, you agree with Flowstone Distillery Australia Pty Ltd (Flowstone Distillery Australia) to be bound by these Terms & Conditions. If you do not accept these Terms & Conditions, you must refrain from using this Website. Flowstone Distillery Australia supports the Responsible Service of Alcohol. All online liquor sales are processed by Flowstone Distillery Australia Pty Ltd (ABN 79 638 617 982) under Liquor Licence no. 36161969 (VIC).
- Flowstone Distillery Australia sells its products within Australia. All services provided by Flowstone Distillery Australia, including any services provided through this Website and at Flowstone Distillery Australia venues are governed at a minimum by these Terms & Conditions and by all other specific policies or terms and conditions (Additional Terms) of Flowstone Distillery Australia identified on the Website from time to time. If there is any inconsistency, ambiguity or conflict between these Terms & Conditions and any Additional Terms, the Additional Terms shall have precedence to the extent of any inconsistency.
- Flowstone Distillery Australia may revise these Terms & Conditions at any time by updating them on this Website. As you are bound by the most current version of these Terms & Conditions, each time you use this Website you should check these Terms & Conditions from time to time.
- We encourage you to also refer to the Flowstone Distillery Australia’s Privacy Statement and Collection Statement, which govern how we collect, use and disclose your personal information (Personal Information).
- The information on this Website, such as the availability and description of Flowstone Distillery Australia products and merchandise, the availability and description of third party products and merchandise, all event information, any promotional information, or delivery information may change from time to time without notice. While Flowstone Distillery Australia endeavours to keep the information on this Website accurate and up to date to the extent allowed by law, Flowstone Distillery Australia assumes no responsibility for, and offers no warranties or representations regarding, the accuracy, reliability, completeness or timeliness of the Website (including the representativeness of images of products and packaging). In particular, features of and information about third party events, products or services may change from time to time. All prices shown on this Website are in Australian dollars.
Orders and deliveries
- You may purchase goods on this Website including Flowstone Distillery Australia products and merchandise by selecting and placing your order through this Website in accordance with these Terms & Conditions and any applicable Additional Terms. Each purchase or request for purchase of Website Products are subject to these Terms & Conditions. Website Products are limited to the products available for purchase on this Website.
- Purchase may only be made through this Website by using one of the valid payment methods indicated at the point of purchase (Payment Method). Any order placed through this Website for any products advertised on this Website is an offer by you to purchase the products for the price (including postage, packaging and any other applicable charges and taxes) notified to you at the time you place the order. Flowstone Distillery Australia retains the right to refuse any offer made by you. All orders are subject to Flowstone Distillery Australia’s acceptance and availability and confirmation of price.
- Flowstone Distillery Australia may record all details of and incidental to orders made through the Website. Flowstone Distillery Australia records may include details of the forms of age verification required, credit card details (depending on the nature of the order(s) made and the payment method used via Flowstone Distillery Australia secure payment system). Flowstone Distillery Australia will only use or disclose such records for reasonable purposes, which may include: proof of delivery, administration and record keeping requirements for compliance with liquor licencing laws, or in co-operation with law enforcement.
- By placing an order with Flowstone Distillery Australia, you confirm that all information (including delivery address and payment information) that you have provided in completing the order is true and correct. You warrant that you are an authorised holder of the Payment Method (and any related credit or debit card, bank account or other value account linked to your Payment Method) used to complete the transaction, and that the nominated Payment Method will cover the full cost of the goods. By placing an order with Flowstone Distillery Australia, you authorise us to debit the amount payable from your Payment Method (and/or any related credit or debit card, bank account or other value account linked to your Payment Method). If we are unable to successfully process your Payment Method to fulfil your payment, we may notify you of the dishonour and cancel your order.
- Words or expressions used in these Terms & Conditions that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act. Unless otherwise stated, all prices are inclusive of the Australian Goods and Services Tax (GST) and you acknowledge and agree that GST will be automatically applicable to each order placed. Delivery costs will be charged in addition to all prices, such additional charges being clearly displayed where applicable and included in the ‘Total Cost’ (to the extent that Flowstone Distillery Australia is reasonably able to determine delivery costs in advance). Delivery costs may vary from the amount stated due to the ultimate destination of the order or other variables beyond Flowstone Distillery Australia’s reasonable control.
- Flowstone Distillery Australia may replace or vary any Website Product prices from time to time prior to the placement of any order for Website Products made by you. Flowstone Distillery Australia will issue a tax invoice for each taxable sale of Website Products made to you.
- All orders are subject to Payment Method approval and billing address verification. This includes orders associated with the same name, email address, billing address, credit card number or other information. After processing, please contact Flowstone Distillery Australia in accordance with the Order Query clause below if you have any questions regarding your order.
- 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, and you must confirm that you are 18 years of age or over before your order will be accepted. Flowstone Distillery Australia reserves the right to require satisfactory proof of age prior to accepting an order.
- You must select a shipping option, the price of which will be shown on checkout. Deliveries cannot be made to PO boxes. You agree that we may rely on any person who is at the address you gave for delivery, who is over the age of 18, and who takes receipt of your ordered products, as being authorised for that purpose. If you have provided incorrect or out-of-date details, you agree that Flowstone Distillery Australia shall not be held liable for delivery to the address notified to Flowstone Distillery Australia. Flowstone Distillery Australia may have regard to any delivery instructions (at point of delivery) provided by you, but does not accept responsibility or obligation to carry out such instructions.
- You will own the goods once they have been paid for and sent by us to you, and you will therefore be responsible for all risks of whatever nature that arise once the goods have been dispatched in good order by us to you.
- Once your order is accepted and payment is processed, your order will be dispatched from our Emerald warehouse. Standard shipping to metro addresses takes between approximately 1 to 7 days, based on our delivery provider. Express shipping to metro addresses takes between approximately 1 to 3 days, based on our delivery provider. Shipping to regional locations may take longer, based on our delivery provider.
- While Flowstone Distillery Australia and its delivery providers use all reasonable endeavours to deliver within its expected timeframes, Flowstone Distillery Australia does not warrant such time frames and does not accept liability for any loss resulting from late delivery, including delays caused by epidemic or pandemic. Delivery times are subject to postal carrier transit schedules and schedule variations and Flowstone Distillery Australia is not responsible for any carrier delay arising for any reason whatsoever.
- Flowstone Distillery Australia may not fulfil delivery of your order for reasons outside of our reasonable control, or if we consider that the recipient of the order is unsuitable for any reason, including because the likely recipient of the products appears to be under the age of 18. In these circumstances, we will attempt to arrange a redelivery or issue a refund.
Northern Territory Orders
- If you are a resident of the Northern Territory or are using this Website to make purchase(s) for delivery to a Northern Territory address prior to any offer or acceptance, additional price checks must be completed. You acknowledge that the final price of Website Product(s) are subject to such additional calculations to ensure Flowstone Distillery Australia’ compliance with the Northern Territory’s minimum floor price requirements under the Liquor Amendment (Minimum Pricing) Act 2018 (NT).
Refunds and cancellations
- Returns, replacements, credit notes and refunds are provided only where the product is faulty or damaged and is at the sole discretion of Flowstone Distillery Australia. Please notify Flowstone Distillery Australia within 5 days of delivery if you believe a product to be faulty or damaged. Flowstone Distillery Australia reserves the right to request and review evidence that the product is faulty or damaged prior to issuing a refund. Where Flowstone Distillery Australia accepts a return, free return shipping may be provided and a replacement, credit note or refund will be issued once the product is received by Flowstone Distillery Australia and confirmed faulty or damaged.
- For change-of-mind or purchased-in-error returns, Flowstone Distillery Australia will refund your item up to 30 days from the date of purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the additional postage charges.
- Flowstone Distillery Australia will notify you via email when your returned item has been received by Flowstone Distillery Australia. We will also notify you of the approval or rejection of your refund. If you are approved, then we will process your refund back on the Payment Method you paid with. Refund to your Payment Method may take up to 2 business days. If your refund is not approved, you are responsible for return postage.
- We may also cancel your order for delivery in exceptional circumstances, in which case we will issue you a refund. These circumstances include, but are not limited to, where the ordered products are not available, if there was an error in the price or description of the ordered products, or we consider that your order is in breach of these Terms & Conditions.
- For refunds, cancellations and other order queries, Flowstone Distillery Australia can be contacted at firstname.lastname@example.org
- All materials on the Website, including but not limited to artwork, photographs, graphics, data, text and trademarks (Content), are owned by or licensed to Flowstone Distillery Australia and are subject to copyright and other intellectual property rights. Content is protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted, and may not be used except as permitted in these Terms & Conditions or as indicated on the Website.
- The use of Content by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms & Conditions or specific permission is provided elsewhere on the Website or specific permission is obtained from us or the third-party owners. Any unauthorised use of images and logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes.
- Flowstone Distillery Australia reserves all other rights to the Content. You acknowledge that you do not acquire any ownership rights by printing, copying or distributing any Content from the Website.
- 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.
- You agree not to circumvent, disable or otherwise interfere with security related features on the Website.
- If you correspond or otherwise communicate with Flowstone Distillery Australia, you automatically grant to Flowstone Distillery Australia an irrevocable, perpetual, non-exclusive, royalty-free, world-wide 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.
- Flowstone Distillery Australia appreciates any suggestions you may have regarding ways in which Flowstone Distillery Australia’ Website Products and this Website may be improved, or suggestions for 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 Flowstone Distillery Australia. Flowstone Distillery Australia may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
Warranty and liabilities
- Flowstone Distillery Australia Website Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Website Products repaired (where appropriate) or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law. These Terms & Conditions and any Additional Terms do not restrict or modify the rights and remedies to which you may be entitled to under the consumer guarantee provisions of the Australian Consumer Law.
- Without displacing the operation of the Australian Consumer Law and to the extent permitted by law, this Website and all Content is provided “as is” and Flowstone Distillery Australia disclaims all warranties, express or implied, of any kind, including warranties of merchantability or fitness for a particular purpose and non-infringement. You agree that you use the Website at your own risk.
- Flowstone Distillery Australia makes no representations that this Website will operate error-free or that the Website, its servers or the Content are free of viruses or similar harmful features.
- To the extent permitted by law, under no circumstances shall Flowstone Distillery Australia be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, lost profits, lost data or business interruption) that result from the use of, or inability to use this Website or the Content even if Flowstone Distillery Australia has been advised of the possibility of such damages. Furthermore, our liability to you for loss or damage of any kind arising out of or in connection with our agreement or relationship with you is reduced to the extent that you cause or contribute to the loss or damage. This clause applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- Where Flowstone Distillery Australia provides you with a refund, you agree that the refund is the total amount of Flowstone Distillery Australia’ liability to you in relation to all circumstances relating to the refund.
- You agree to indemnify, defend and hold harmless Flowstone Distillery Australia, its directors, management, officers, employees, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use of this Website or your breach of these Terms & Conditions or any Additional Terms. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Nothing in these Terms & Conditions derogate from Flowstone Distillery Australia’ right to maintain any action against you for any part of any unpaid purchase price, for any monies owed to Flowstone Distillery Australia or for any damages, loss, liability or other cause of action.
- Flowstone Distillery Australia collects and uses Personal Information including financial, contact or unique identifier information to ensure that the Website Products purchased are delivered to you; to advise you of any possible changes/cancellations that may occur in relation to the event you booked; and/or to confirm the identity of users and bill customers for products and services. If the Personal Information requested is not provided, the Flowstone Distillery Australia may not be able to facilitate your transaction, distribute products or contact you.
- Flowstone Distillery Australia makes available its collection statement that details the Personal Information it collects, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties (Collection Statement). The Collection Statement will comply with Flowstone Distillery Australia’ disclosure obligations under the Privacy Act 1988 (Cth).
- These Terms & Conditions and any Additional Terms and any dispute or claim arising out of or in connection with the Website or Content shall be governed by and construed according to the laws of Victoria, Australia without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction of the courts of Victoria or the Federal Court sitting in Victoria, Australia to resolve any claims or disputes arising from or relating to the Website or the Content. Any claims arising from or in connection with the Website or the Content must be brought in such courts within one year after the event giving rise to such claim.
- If any provision of these Terms & Conditions and any Additional Terms shall become or be declared unlawful, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other provisions in these Terms & Conditions and any Additional Terms and may be severed without affecting any other provision.