GENERAL TERMS AND CONDITIONS OF PURCHASE ("CONDITIONS")
These Conditions apply to any sale by Diageo Australia Limited or any related body corporate of Diageo Australia Limited including the Bundaberg Distilling Company Pty Ltd ("Diageo”) to You, the customer, of Goods or Services purchased online from Diageo. You acknowledge that sales of alcohol made through the Website are made by the Bundaberg Distilling Company Pty Ltd in accordance with its QLD liquor licence number 180574 and are delivered from 37 Avenue Street Bundaberg East QLD 4670. Sales of non-alcohol products are made by Bundaberg Distilling Company Pty Ltd and delivered from Whittred Street, Bundaberg, Queensland.
By placing an order with Diageo, You agree to be bound by these Conditions.
Please read these Conditions carefully before placing Your Order. These Conditions will apply notwithstanding anything which may be stated to the contrary on Your Order and can only be varied by Diageo and You agreeing to the variation in writing. No course of dealings between Diageo and You will add to or replace any of these Conditions.
In these general conditions of purchase ("Conditions”) the following words have the following meanings:
(a) “Blend Your Own Rum Experience Tour” means the blend your own rum experience tour held at the Bundaberg Distillery (currently located at Whittred Street Bundaberg, Queensland Australia or such other address as may be notified on the Website) which is subject to the Special Tour Conditions in clause 9 below;
(b) "Contract” means a contract (which includes these Conditions) between Diageo and You for the purchase of Goods and/or Services, which are the subject of the Order;
(c) "Delivery Address” means the address specified for delivery of the Goods or Services to You which is specified in the Order (but which cannot be a PO Box);
(d) “Gift Voucher” means a gift voucher for purchase of Goods and/or Services in the Bondstore (located at Bundaberg Queensland) or the Webstore;
(e) "Goods” means the goods described in the Order;
(f) "GST” has the same meaning as appears in A New Tax System (Goods & Services) Act 1999;
(g) "Order” means an order for the Goods and/or Services placed by You online using Webstore;
(h) "Services” means the services (if any) described in the Order;
(i) "Special Tour Conditions” means the conditions set out in Clause 9 which detail the additional conditions relevant to the purchase of Tickets;
(j) “Tour” means a tour of the Bundaberg Distillery and Bondstore (currently located at Whittred Street Bundaberg, Queensland Australia or such other address as may be notified on the Website) which is subject to the Special Tour Conditions in clause 9;
(k) "Tickets” means tickets purchased from the Website which entitle the holder to a Tour or (where relevant) a Blend Your Own Rum Experience Tour;
(l) “Website” means www.bundabergrum.com.au; and
(m) “Webstore” means the online facility for placing Orders on the Website; and
(n) "You” or “Your” means the person who has completed the Order.
2. THE CONTRACT
Your Order is deemed to be an offer by You to buy the Goods and /or the Services referred to in that Order. Diageo shall not be liable to You and is not obligated to supply any of those Goods and / or the Services until the Order is accepted by Diageo. Diageo will accept your Order when Diageo issues You with written confirmation regarding your Order.
3.1. You must either create an account for logging into the Webstore, or enter the Webstore as a guest, prior to placing an Order on the Webstore.
3.2. In making an Order, You warrant: (a) You are at least 18 years of age and are not otherwise prohibited from entering into a contract with Diageo. (b) where the Goods involve the purchase of alcoholic beverages, any person that You are obtaining the Goods for or, will supply the Goods to, will be lawful age for alcohol consumption in the place in which the Goods are to be consumed; (c) where the Goods or Services includes the purchase of Tour Tickets, that You have read, understood and agree to be bound by each of the Special Tour Conditions; (d) that You will keep secret Your Webstore log on and/or account details, and that You release and indemnify Diageo in relation to any liability arising out of the unauthorised use of Your log on and/or account details; and (e) all information provided by You in the Order is true and accurate.
3.3. The Diageo delivery service in respect of Goods ordered is restricted to Australia only, however there are certain restrictions on deliveries to particular areas of Australia. If You nominate a Delivery Address that is not within the boundaries of its nominated delivery area, Diageo will not be obliged to deliver the Goods ordered to You and shall refund You any payment made in respect of such Order.
4. ACCEPTANCE OF ORDERS
4.1. All Orders submitted on the Website via the Webstore are accepted at the discretion of Diageo. Additional terms and conditions in clause 10 apply to Orders for Goods which are personalised labels.
4.2. Diageo may in its discretion reject or cancel an Order at any time (even if accepted) for any reason including but not limited to (a) any payment made by You being cancelled, dishonoured or reversed or (b) if the Goods/Services the subject of Your Order are not available or (c) a manifest error on the Website in respect of pricing of the Goods/Services in question. In the event of cancellation (except in the circumstances set out in (a) Diageo will refund the purchase price You paid.
5.1. All Goods will be delivered to You at the Delivery Address during normal trading hours.
5.2. Diageo will take reasonable precaution to ensure that all Goods supplied accord with the Order, are in good condition and are protected against damage and deterioration in transit. The risk of loss or damage to the Goods is accepted by Diageo up to the point of being delivered to the Delivery Address, where such risk of loss or damage then passes to You. Title to the Goods passes to You upon being delivered to the Delivery Address.
5.3. Diageo will use all reasonable endeavours to ensure that couriers and delivery companies shall deliver Goods to You in a timely manner. You acknowledge that all delivery times quoted (whether on the Webstore or in correspondence from Diageo) are a guide only and actual delivery times may vary. From time to time there may be delays in delivery and we may take longer to deliver due to stock shortages or other unexpected reasons. We will notify You as soon as possible if we are unable to dispatch Your Order.
5.4. Diageo takes no responsibility for Goods (or the cost of delivery of such Goods) dispatched to a Delivery Address should You have provided incorrect or incomplete address details in Your Order. You agree to accept all delivery costs incurred in Diageo resending the Goods to the correct Delivery Address.
5.5. Anyone present at the Delivery Address nominated (provided they are over 18 years of age) may receive the Goods and may be required to provide their name and signature. You undertake to Diageo to ensure that any person authorised to accept delivery is not under the age of eighteen (18) years of age. Diageo may request proof of age from the person who receives the Goods and may refuse to deliver the Goods to anyone unable or unwilling to provide evidence of proof of age.
5.6. If the Order contains specific delivery instructions, Diageo will use reasonable endeavours to ensure couriers and delivery companies acting on its behalf are provided with such information to meet such specific delivery instructions provided they are (a) in accordance with Diageo’s Codes and Standards (such Diageo Codes and Standards being available at www.diageo.com) and (b) in accordance with the terms of engagement of Diageo’s couriers and delivery companies.
5.7. Diageo accepts no responsibility for delivery of Goods pursuant to an Order placed due to unlawful use of Your credit card or Your Webstore log on details and You undertake to keep such details safe.
6. PRICE AND PAYMENT
6.1. All pricing on the Webstore is in Australian Dollars (AUD) and is inclusive of GST.
6.2. Prices payable for any product on the Website are subject to variation without notice from time to time. The price payable for any product on the Website shall be the price on the Website applicable on the date the Order is placed (subject to manifest error). You also agree to pay the delivery fee specified in the Order which will be calculated during the checkout process and added to the Order before You place Your Order on the Webstore.
6.3. You must pay for the Goods and / or the Services at the time of submitting Your Order as payment must be received in full before the Order will be processed. Diageo accepts valid Visa, Mastercard as well as payment via Paypal on the Webstore. Diageo does not accept cash, cheque, bankcard, American Express or other payment methods for the payment of the Goods and / or Services made via the Webstore. If Paypal is used for payment then Paypal should be contacted about any payment queries and You should refer to their terms and conditions. It is Your responsibility to maintain security of Your Paypal account.
7. RETURNS AND REFUNDS
7.1. Once placed via the Webstore an Order cannot be changed or cancelled due to Your change of mind. However in the event You order the wrong size item of clothing, please call the customer service number 07 4131 2989 to log Your request within 30 days of purchase. Then, provided You pay the cost of return to the Whittred Street address for the item (and it is unworn and in saleable condition) we may replace it with the size You require with such re-delivery costs met by You. No other returns or refunds will be made or offered, other than where such refund is a remedy in accordance with Your statutory rights, as set out below. Please note that returns of alcohol cannot be made in person at the Bondstore or otherwise, however clothing purchased via the Webstore can be replaced in person at the Bondstore with the size your require (provided it is unworn and in saleable condition and subject always to the availability of such item of clothing) within 30 days of purchase. No other returns, or refunds, will be made or offered at the Bondstore for items purchased via the Webstore; please call the consumer service number 07 4131 2989 in accordance with the rest of this clause 7.
7.2. Our Goods 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 the Goods repaired or replaced if the Goods 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 services supplied by us to You fail to meet a consumer guarantee.
7.3. If the Goods are faulty or damaged due to a manufacturing defect or default, or we deliver incorrect Goods or otherwise breach the consumer guarantees please contact Diageo’s customer service number 07 4131 2989. Returns will not be accepted if the fault or damage has been caused by You or a third party (whether by accident or neglect) after delivery.
7.4. Following Your call to customer services we may require You to provide photographic evidence of the fault, issue or concern You have in respect of the Goods/Services and/or we may request that You return the faulty, damaged or incorrect Goods (for inspection and/or replacement) to such Diageo address as will be notified to You.
7.5. Following the return of the Goods (if required) in accordance with this clause 7, and subject to applicable law, we will at our option either: (a) refund the price paid under the Order for such faulty, damaged or incorrect Goods (including costs of delivery and the costs You incurred in returning the Goods to us); or (b) replace the Goods with an identical or comparable item.
7.6. Please note that an item of Goods which is a personalised label will be subject to the additional conditions in clause 10.
Without excluding, restricting or modifying the rights and remedies to which You may be entitled under the Australian Consumer Law and to the extent permitted by law:
8.1. Diageo excludes all other implied terms and warranties from these Conditions;
8.2. Diageo does not accept any liability under these Conditions for matters outside of its direct control or which are not preventable by reasonable diligence on our part (including without limitation, fire, floods, unusually severe weather and acts of god);
8.3. Diageo is not responsible for any loss or damage suffered due to a delay in Goods being delivered to the Delivery Address; and
8.4. Diageo will not be liable to You for special, indirect losses or consequential losses (or other losses You may suffer which do not arise in the ordinary course of things) arising from or in connection with this agreement whether in contract, tort or otherwise (including loss of revenue, profit, other economic losses or loss or corruption of data).
9. SPECIAL CONDITIONS FOR TOURS AND BLEND YOUR OWN RUM EXPERIENCE TOURS
10.1. General (a) If you wish to access the free Wi-Fi at the Distillery this is subject to the Wi-Fi terms and conditions.
(b) If you use the hashtag #homeofbundy #bundabergrumdistillery #bundyrumdistillery #bundydistillery when uploading photographs to social media we may feature the image on the Bundaberg Rum Distillery TV screens (with your username) and we may also feature the image on the www.bundabergrum.com.au website.
(a) Entry to the Tour is granted by presenting the relevant Ticket, with identification required for concession tickets or children’s tickets. Tickets for a Tour may be purchased for persons under the age of 18 years of age, but a responsible adult (with their own Ticket for the Tour) must supervise such persons at all times during the Tour.
(b) Entry to the Blend Your Own Rum Experience Tour is granted by presenting the relevant Ticket, with proof of age identification if requested by the Distillery. Tickets for a Blend Your Own Rum Experience Tour may only be purchased for, and the Blend Your Own Rum Experience Tour must only be attended by, persons at least 18 years of age and older.
(a) Tickets which are lost or damaged may be replaced upon contacting the customer service number 07 4131 2989. In the event a Tour or Blend Your Own Rum Experience Tour cannot go ahead on the date set out on the Ticket (including but not limited to maintenance or special events) then Diageo will contact You to arrange a refund or reschedule of the Tour or Blend Your Own Rum Experience Tour (as relevant).
(b) If you are no longer able to attend a Blend Your Own Rum Experience Tour for unforeseen circumstances (not for a change of mind) please let us know. If you contact us within 48 hours of the Blend Your Own Rum Experience Tour date we will reschedule you to another Blend Your Own Rum Experience Tour date. If you contact us at least 48 hours prior to Your Blend Your Own Rum Experience Tour date (or let us know on the confirmation call we make to you) we will firstly endeavour to reschedule you to another suitable date or, failing agreement as to a suitable reschedule date, we may offer a refund.
(c) It is an express condition of Your entry into the Tour or Blend Your Own Rum Experience Tour (as relevant) that (a) You follow the direction of Diageo and its representatives and delegates at all time , including without limitation, any set out on Your Ticket or advised to You by the tour guide during the course of the Tour or Blend Your Own Rum Experience Tour (as relevant) and (b) so far as may be permissible at law You release, waive and discharge Diageo, its officers, directors, agents and employees of and from all liability, claims or demands for all injuries, losses, damages of any kind or nature to You or Your property, or to any minor under Your supervision, whilst on the property of Diageo and during the Tour or Blend Your Own Rum Experience Tour (as relevant).
(d) You acknowledge that filming and photography will be prohibited in certain areas of the distillery and You agree to follow such directions at all times. No filming or photography for commercial purposes should be carried out on the Diageo premises during the Tour or otherwise without prior written consent of Diageo.
(e) The Distillery site is fully operational and contains highly flammable areas – therefore the Distillery site is non smoking (including the car parks). Smoking is forbidden except in clearly marked designated areas.
(f) Due to the risk of ignition of flammable materials, anything with a battery is prohibited at the Distillery (ie this includes Your camera, phone and car keys) so these items must be stored in lockers prior to a Tour or Blend Your Own Rum Experience Tour. Please let us know if you have a medically necessary device (ie hearing aid or insulin pump) as we will need to make special arrangements for you to ensure you can enjoy the Tour or Blend Your Own Rum Experience Tour safely.
10. PERSONALISE YOUR GOODS
By placing an Order for a personalised label (being a personalised label for your bottle of Bundaberg Rum (which for the avoidance of doubt are just a label and are not attached to an alcoholic beverage), or a personalised item of clothing) or where you submit a personalised label for your Blend Your Own Rum Experience Tour bottles, You agree to the following additional terms and conditions:
10.1 General Information:
(a) Personalised labels must be in accordance with the Diageo Marketing Code, which can be found at www.diageo.com.
(b) Without limitation to subclause (a) above, and Diageo’s right to reject Orders at its discretion, Diageo may refuse acceptance of an Order to provide a personalised label where in the opinion of Diageo, the request may result in Diageo breaching law, infringing the rights of a third party or infringing community standards, or bringing Diageo or any other person into actual or potential disrepute, contempt, scandal, or ridicule.
11.2 Exchange/refund policy for personalised labels:
(a) Please ensure You check the text and spelling of Your personalised label carefully before submitting Your Order. We do not reprint labels, re-print Goods or provide a refund if You made a typing error in Your Order or if You change Your mind
(b) Orders of Goods being personalised labels will only be considered eligible for a replacement or refund (at our option) if they either display a manufacturer's defect, there has been a breach of a consumer guarantee and/or the Goods delivered are different Goods from those stated in the Order (for example where the the label printed does not match the Order You placed). Please call the customer service number 07 4131 2989 and You may be asked to send photographic evidence of the issue in respect of the personalised label before we replace, or refund the price paid for, the Goods.
11. PRIVACY AND DISCLOSURE OF PERSONAL INFORMATION
14.1. The Contract contains the entire agreement between Diageo and You in relation to Your Order. You acknowledge that, in entering into this Contract, You have not relied on any representation or provision except as set out in this Contract.
14.2. Diageo may from time to time alter these Conditions as it reasonably determines necessary. Such alteration will not affect any Contract that Diageo has entered into with You prior to the alteration.
14.3. These Conditions and any Contract of which these Conditions form part will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.