Terms and Conditions

Welcome to the Bottle-O Kurmond.

In these terms, we also refer to the Bottle-O Kurmond as “our”, “we, or “us”.

And you are you!

What are these terms about?

There are our terms and conditions for when you buy any Products through our online liquor store website https://www.thebottleokurmond.com.au/. These terms also apply when you browse our Website.

These terms also apply when you purchase our liquor and other Products through this Website (“Products”).

If you’re looking for our Privacy Policy, you can find it at the link on the homepage of our Website.

Quick Rules

  • You must be over 18 to purchase our Products and you will be asked to provide current photo ID
  • If you don’t like a Product, we can’t accept a return, but we’re always happy to chat with you to find you another Product to try. If a Product is fault, we’ll provide you with a refund or exchange.
  • We try to deliver things cold if they should be cold, but you may need to pop your Products back in the fridge for a bit.
  • On delivery, if we don’t accept your ID, or we think you are intoxicated, then we cannot supply you with the Products because our Responsible Service of Alcohol responsibilities, and we will refuse delivery and provide you with a refund.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • PART A: Terms for when you buy Products (applies when you buy)
  • PART B: Terms for when you browse and interact with this Website (applies when you browse)
  • PART C: Liability and warranties, and interpretation provisions (applies to buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

FOR WHEN YOU BUY PRODUCTS…

ORDERS AND PRODUCTS

    • By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
      • you have the legal capacity and are of sufficient age to purchase the Products and enter into a binding contract with us – being over 18 years old; and
      • you are authorised to use the debit or credit card you provide with your Order.
    • The Products are predominantly liquor and alcohol products. You are required to provide the details of your current photo ID to the delivery driver upon delivery. On delivery, if we don’t accept your ID, or we think you are intoxicated, then we cannot supply you with the Products because our Responsible Service of Alcohol responsibilities, and we will refuse delivery and provide you with a refund.
    • Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
    • Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
    • We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
    • Until the price of your Products is paid in full, title in those Products is retained by Company. Risk in the Products will pass to you on delivery in accordance with clause 2. Delivery must not be refused by you.

CHANGES TO YOUR ORDER

CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 4.3 may apply.

FOR WHEN YOU BROWSE THIS WEBSITE…

ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

YOUR OBLIGATIONS

You must not:

  • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Bottle-O Kurmond;
  • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
  • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  • use the Website with the assistance of any automated scripting tool or software;
  • act in a way that may diminish or adversely impact the reputation of the Bottle-O Kurmond, including by linking to the Website on any other website; and
  • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    • gaining unauthorised access to Website accounts or data;
    • scanning, probing or testing the Website for security vulnerabilities;
    • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    • instigate or participate in a denial-of-service attack against the Website.

INFORMATION ON THE WEBSITE

  • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      • the Website will be free from errors or defects (or both, as the case may be);
      • the Website will be accessible at all times;
      • messages sent through the Website will be delivered promptly, or delivered at all;
      • information you receive or supply through the Website will be secure or confidential; and
      • any information provided through the Website is accurate or true.
    • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

INTELLECTUAL PROPERTY

  • The Bottle-O Kurmond retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
    • In this clause, “intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

THIRD PARTY SUPPLIERS

  • We may do any of the following:
      • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
      • procure materials and Products from third party suppliers;

without further notice to or permission from you.

  • To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

PUBLISHING PHOTOS ONLINE / ON SOCIAL MEDIA

  • You may publish photos of the Products online or on social media (or both), and we ask that you please provide accreditation to “the Bottle-O Kurmond” by reference or hashtag. We reserve the right to require you to remove any posts that feature the Products or remove any accreditation to us.

LINKS TO OTHER WEBSITES

    • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

THIRD PARTY HOSTING

    • This Website is hosted by a third party and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
    • To the maximum extent permitted under applicable law and our agreement with our third party hosting provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

SECURITY

The Bottle-O Kurmond does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

LIABILITY AND OTHER LEGAL TERMS…

LIABILITY

    • To the maximum extent permitted by applicable law, the Bottle-O Kurmond limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by the Bottle-O Kurmond to $50 AUD.
    • Products sold by the Bottle-O Kurmond, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
    • All other express or implied representations and warranties in relation to Products and the associated services performed by the Bottle-O Kurmond are, to the maximum extent permitted by applicable law, excluded.
    • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    • (Indemnity) You indemnify the Bottle-O Kurmond and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
      • breach of any of these terms;
      • use of the Website; or
      • use of any goods or services provided by the Bottle-O Kurmond.
    • (Consequential loss) To the maximum extent permitted by law, under no circumstances will the Bottle-O Kurmond be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by the Bottle-O Kurmond (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

GENERAL

    • GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

INTERPRETATION

    • (singular and plural) words in the singular includes the plural (and vice versa);
    • (gender) words indicating a gender includes the corresponding words of any other gender;
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • (person) a reference to “person" or “you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word “includes" and similar words in any form is not a word of limitation; and
    • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

NOTICES

A notice or other communication to a party under this agreement must be:

  • in writing and in English; and
  • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
    • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
      • 24 hours after the email was sent; or
      • when replied to by the other party,

whichever is earlier.