1. Parties This agreement is between:
- Fernbrew Pty Ltd ABN 61 054 142 853 holder of Vigernon License No. 24004016 (us, we, our); and
- the persons listed or stated in the Order (you, your).
2. This Agreement
- These Purchase Terms and the Order represent the entire agreement governing your purchase of Products from us (Agreement) and supersedes any previous negotiations, representations, understandings or arrangements, whether oral or in writing.
3. You must be over 18 years of age
- 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.
- If you purchase Products from us, you warrant to us that:
- You are over the age of 18 years
4. Acceptance and filling of Orders
- Any Order may be accepted or rejected by us in our absolute discretion.
- We will make reasonable endeavours to fill your Order, however we do not guarantee that Products you request will be available.
- If the Goods you request are unavailable:
- We will replace the Goods with other Goods of equivalent value and quality; or
- You may cancel the Order and we will refund any money you have paid to us in relation to that Order.
5. Representations of Goods
- Although we aim to include the most up-to-date pictures of the Goods in our materials and on our Site, pictures are for illustrative purposes only and should not be relied upon.
6. Promotions and Special Offers
- Any stated terms and conditions of specials, promotions, clearances, offers and discounted items apply in addition to the terms of this Agreement.
- Any specials, promotions, clearances, special offers or discounted items we advertise or offer to you are available only while stocks last unless we state otherwise.
7. Privacy and Personal Information
- The personal information we collect from you generally includes your name, address, email, telephone number/s and information required for order processing and payment.
- We collect your personal information from our “membership” section of our website, or information you provide over the telephone to our sales consultants or member of our customer service team, surveys and questionnaires you complete, and at our related events and functions.
- We use your personal information to provide products and services and additional benefits. If you do not want to receive information from us regarding our products and services or Additional Benefits, please advise us.
8. Freight and Delivery
- Freight and Delivery
- In addition to the Product Price, there may be additional Delivery Fees.
- These will be clearly nominated at the check out stage of the transaction. It is subject to change from time to time without notice to you.
- Delivery times vary depending on the Delivery Address. We will use best endeavours to ensure that Goods you Order are delivered to the Delivery Address. However, if our Delivery carriers are unable to deliver the Goods to a Delivery Address you specify (including if there is no-one at the Delivery Address to receive the Goods), our carrier may leave your Goods at the local post office or courier depot and may leave a calling card at the Delivery Address. If a calling card is left at the Delivery Address, you must arrange to collect the Goods from the post office or courier depot (or if applicable, have them re-delivered to your Delivery Address at your cost.
- Unless otherwise agreed by us, a Delivery will not be made until we receive the Total Payment relating to that Delivery and we reserve the right to cancel any Order or suspend any Delivery if we have not received the Total Payment prior to despatch.
- Our Delivery Drivers will only deliver:
- To the adult who placed the order (Their name will be included in the instructions)
- To another adult (over 18 years) at the delivery address who can accept the order on behalf of the person who placed the order
- If the delivery is made on a day after the day the order is taken, or the sale was made online, in accordance with the customer’s instructions (such as delivery to another address or an unoccupied address).
9. Risk and Title
- Risk in the Goods passes to you upon delivery of the Goods to the Delivery Address.
- Title in the Goods passes to you on receipt of the Total Price by us.
- If you wish to return Goods to us, you must notify our Customer Service department within 15 days of the Delivery and provide us with details of the Delivery.
- We will accept returns of Goods where the return is in their original condition (i.e. bottles have not been opened) and retain your Delivery details on the outside of the carton.
- Where Goods have been opened, damaged, partly consumed, only form part of the entire Delivery or have spoiled, it will be at our absolute discretion whether we will accept return of the Goods.
- If we accept return of the Goods, we will either refund the Product Price to you or provide you with a credit note against future purchases of Goods, which represents that portion of the relevant Delivery being returned.
- To the fullest extent permitted by law, we exclude all warranties (whether express or implied) in relation to any Products or Additional Benefits, and will not be liable to you for any loss, cost, damage or expense you suffer in connection with or arising from our provision (or failure to provide) the Products or Additional Benefits.
- We do not make, and have not made any warranty or representation as to the suitability of any Products we supply for any particular purpose.
- We do not warrant the accuracy of information contained on our Site, catalogues or other materials and recommend that you read the label on Goods carefully before consuming the Goods.
- To the fullest extent permitted by law, we will not be liable for any loss, damage to property, personal injury or death arising from or in connection with use of any Products by you or any third party. You use the Products at your own risk.
- We will not be liable for any consequential or indirect loss or loss of profits, opportunity or chance you suffer in connection with this Agreement or any Products used by you.
- To the extent permitted by law, you agree that our liability arising out of or in connection with any breach of an express or implied warranty or condition of our Agreement is limited to:
- If the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods, or the payment of the cost of replacing the Goods or of acquiring equivalent Goods; and
- If the condition relates to Services, the supplying of the Services again or the payment of the cost of having the Services supplied again.
Our brand and brands we sell
- You acknowledge and agree that any trade marks, logos or copyright materials which appear on our Site, catalogues or other materials produced by us (or on our behalf) and distributed to you are owned by or licensed to us, and that you must not do anything to prejudice our rights or those of the owner in relation to those trade marks, logos or copyright materials.
Amendments to this Agreement
- We may add to, delete, or otherwise change any of the terms of this Agreement at any time. If we make a substantial change to the terms of this Agreement, we will post the up to date terms (New Terms) on the Site and the New Terms will be effective immediately on posting. You are responsible for monitoring the Site for New Terms. If you do not consent to any New Terms, you must notify us immediately that you terminate this Agreement. Your placement of any further Order or continued use of any Products indicates your acceptance of the New Terms.
How to give notice
- You can give notice to us under this Agreement by telephoning our Customer Service Centre, writing to us at our address as set out on our website, sending us a fax to the number specified on our website, or by emailing us. If you write to us or send a fax to us, the letter or fax must be clearly legible and signed by you.
- We can give notice to you by writing to you, telephoning you, emailing you or sending you a fax using the contact details you provide to us from time to time.
- The laws of New South Wales govern this Agreement and each party submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.