MISTER BARTENDER WEBSITE TERMS & CONDITIONS

MISTER BARTENDER WEBSITE TERMS & CONDITIONS

VIC Licence Number: 33776503, 36154166 and 36159881

1. Agreement
   1. These Terms and Conditions (‘Terms’), together with our Privacy Policy, apply to your use of the Mister Bartender (ABN 32 654 722 942) (‘Mister Bartender’, ‘we’, ‘our’, ‘us’) website located at misterbartender.com.au (‘Site’).
   2. By browsing or using the Site, including using the Site to make an Order, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the ‘Agreement’). If you do not agree with the terms of the Agreement, you must not access, browse or use this Site.
   3. These Terms govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product (‘Order’), you agree to be legally bound by these Terms.  We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.
2. Interpretation
   1. In this Agreement;

      “Agreement” has the meaning in clause 1.2; 

      “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

      “Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;

      “Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;

      “Custom Bespoke Products” means any product, goods or items listed or advertised on the Site as bespoke or customised;

      “Customer” means the person or legal entity listed on the Order purchase invoice or sales document;

      “Delivery Costs” means the costs associated with delivery and return/retrieval (if applicable) of Products or Services as specified in an Order, including, without limitation, transport, freight or shipping charges, and insurance costs;

      “Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;

      “Order” means an order for Products or Services placed by a Customer on, or via, the Site;

      “Order Price” means the price as defined in clause 5.3.

      “Privacy Policy” means our privacy policy set out in at https://www.misterbartender.com.au/mister-bartender-website-privacy-policy/;

      “Products” means the products, goods or items listed or advertised on the Site for sale or otherwise, including Custom Bespoke Products;

      “Proof of Age Identification” means a form of identification that include a valid Australian Drivers Licence, passport, or other valid government issued photo identification;

      “Services” means the services listed or advertised on the Site for sale or otherwise;

      “Site” has the meaning in clause 1.1;

      “you” or “your” means the person or entity accessing, using or relying upon the Site and includes, when applicable, the Customer.

   2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
3. Age of Consent
   1. Mister Bartender supports and adheres the Responsible Service of Alcohol (RSA) and associated guidelines. We do not offer or sell any Products to anyone under the age of 18.
   2. You must be 18 years of age or over to use the Site or to make an Order. It is against the law to supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18. By using the Site you represent that you are 18 years of age or over.
   3. We, and our delivery service provider, reserve the right to request valid Proof of Age Identification at any point at our sole discretion. Proof of Age Identification may be requested upon delivery, by the person accepting the Order even if they are not the Customer.
   4. We reserve the right to not deliver any Order if we deem the Customer or person taking the Products on behalf of the Customer is under the age of 18 or acting on behalf of someone under the age of 18.
   5. We reserve the right to not deliver any Order if we deem the Customer or person taking the Products on behalf of the Customer is intoxicated.
4. Access and Use of the Site
   1. You must only use the Site in accordance with these Terms and any applicable law.
   2. To place an Order you must be over 18 and have the capacity to enter into a legally binding agreement with us. If you do not have capacity, you may only place an Order with the involvement of an individual with such capacity to enter into a legally binding agreement.
   3. If you do not provide accurate and complete details on the Site when making an Order, we may not be able to provide Products or Services to you.
   4. We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
   5. We do not warrant that the Site is accurate, complete or current. Any information or contents, including descriptions of Products, Product Pricing Photos of products, on the Site are subject to change without notice at our sole discretion and should not be relied upon or used as the sole basis for making decisions and any reliance on the contents of the Site is at your own risk.
   6. The Site may contain links to third-party websites. Any links to such websites are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
   7. You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
   8. Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, communicate, modify, publish, reproduce, sell or transmit or otherwise use any of the material on the Site, except as permitted by statute or with our prior written consent.
   9. You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
      1. in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
      2. in a way that is illegal or unfair.
   10. We are under no obligation to discuss the details of an Order with anyone other than the Customer named on the Order purchase invoice or sales document.
5. Order, Payment and Contract
   1. When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it. It is your responsibility to ensure all details in relation to the Order are correct.
   2. Prices for our Products are subject to change without notice. We reserve the right to modify, discontinue or refuse service to anyone, including existing Customers, at any time. We are not liable to you or any third-party for any price variation, modification, discontinuance or suspension of any Service or Order placed on the Site.
   3. Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the Products delivered to the address provided by you (“Delivery Fees”) (collectively, the “Order Price”). Unless otherwise stated all charges are in Australian dollars.
   4. You must pay the Order Price in full at the time of ordering. Your payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.
   5. By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
6. Products and Services
   1. Not all Products or Services listed on the Site may be available or may be in limited quantities.
   2. We reserve the right to limit the quantities, discontinue or recall any of the Products or Services we offer.
7. You acknowledge and agree that whilst Products sighted on our Site or in promotional media are indicative of the Products that you will receive, different Products are subject to unique characteristics that may mean your Order may vary from the Products sighted as above. All care has been taken to ensure that the Products as viewed are accurate representations however Mister Bartender takes no responsibility for any variation between the Products sighted and the Products received by you.
8. We do not warrant that any Products, Services, information provided, whether on the Site or otherwise, or any other material purchased or obtained by you will be fit for purpose.
9. You may not use the Products other than for their intended purpose. You agree that you will not use the Products for any illegal or unauthorised activity or purposes.
10. Please refer to our Services terms and conditions located at [URL]

• Custom Bespoke Products
  1. We will endeavour to provide any Custom Bespoke Products in line with any instructions or requirements that you have provided, however we do not warrant that any Custom Bespoke Products will meet your expectations.
  2. We do not accept any liability in relation to, or as a result of, any variation to your instructions or requirements given to us for any Custom Bespoke Products.
  3. We are unable to make changes or cancellations once any Custom Bespoke Products have begun production. We may, but do not guarantee that we will be able to make variations prior to the Custom Bespoke products being dispatched.
• Shipping, Delivery and Receipt
  1. 1. Following payment of the Order Price in accordance with clause 4.3 of this Agreement, your Order will be made available for delivery.
     2. Once your Order has been dispatched, you may be contacted by the delivery service provider in relation to the delivery.
     3. You acknowledge that:
        1. You appoint Mister Bartender as your agent for the purposes of arranging delivery of Products; and
        2. Mister Bartender is not a party to the arrangement between you and the delivery service provider, and
        3. Mister Bartender is merely your agent; and
        4. Title and risk in relation to the Products pass to the delivery service provider. As such, Mister Bartender will not be liable for any damage caused following dispatch for delivery; and
        5. If:
           1. you do not expressly state the access to and address of your property correctly upon making the Order; or
           2. on arrival the delivery service provider deems it to be a difficult location; or
           3. the recipient of the Order is deemed not suitable due to the requirements listed in clause 3; or
           4. the delivery is not completed due to the delivery address being unoccupied and there is nobody to accept the delivery;

  then you will be liable for any additional charges (including redelivery fees and the cost of additional required labour).

  1. We will use reasonable endeavours to ensure that all Products or Services are delivered in a prompt and timely manner. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.
  2. For the avoidance of doubt, we are not responsible for any delivery delays caused by events outside of our control or the control of our third party couriers or suppliers or any resulting loss. This includes any delays caused by the COVID-19 pandemic.
  3. Delivery Fees will vary depending on the Order you have made, the method of delivery, the location (including its difficulty) for delivery and any taxes or duties that may be charged in relation to delivery of the Order.
  4. The full Order Price must be paid before delivery can be made. You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an Order, and we are not responsible for any misplaced Products or for delivery of any Order to an unintended recipient as a consequence of incorrect details.
  5. You must ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Title and risk in the Products pass to the Customer on collection or on signing for delivery of the Products. Where a Customer gives written authority for Products to be delivered without a signature;
     1. any and all included insurance cover (if any) will be voided; and
     2. title and risk in the Products pass to the Customer on delivery of the Products to your nominated delivery address.
  6. The delivery date and time will vary in accordance with the nominated courier or provider.
  7. We are not responsible for the delivery times of Products. Once Products have been dispatched from our warehouse, it is your responsibility to liaise with our nominated courier company in relation to date of delivery and to make yourself available to take delivery at the nominated time for delivery.
  8. Any information provided by us to a Customer in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information.
  9. For avoidance of doubt, Products are considered collected by you at the time they are dispatched for delivery.
• Discounts, Promotions and Points
  1. Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount (“Discount Code”).
  2. If a valid Discount Code is entered at the checkout, it has the effect of applying a discount solely across the cost of the relevant Products. Any associated Delivery Costs will be unaffected by the Discount Code and payable at the ordinary rate.
  3. Discount Codes cannot be used:
     1. with any Products excluded at the time;
     2. in conjunction with any other promotion, Discount Code, Spend & Save Discount or to a Clearance Item; or
     3. retrospectively to a confirmed Order.
  4. We may provide points with certain Orders, Products or other actions that may be redeemed for rewards, gifts, benefits or other offers, (“Points”).
  5. Further information about how to earn Points can be found at https://www.misterbartender.com.au/mister-bartender-loyalty-program/.
  6. Further information about how to spend Points can be found at https://www.misterbartender.com.au/mister-bartender-loyalty-program/.
  7. Points are not transferable and cannot be redeemed for cash or equivalent.
  8. We reserve the right to limit, remove, or otherwise vary the rewards, gifts, benefits or other offers that you may redeem your Points for.
  9. We reserve the right to limit, remove, or otherwise vary the amount of Points that you receive or are entitled to at our sole discretion.
• Complaints, Returns and Refunds Policy
  1. We reserve right to cancel or otherwise refuse any Order placed with us.
  2. All of our Products are consumable in nature, we do not accept any returns or exchanges on our Products.
  3. It is the Customer’s responsibility to inform us of any Order that has not been delivered. We are not liable for any Order that is undelivered or anything resulting from an undelivered Order, however any Order that has not been delivered will be investigated and we will endeavour to correct any issues.
  4. We request that you closely inspect all Products immediately on delivery and report any damaged or faulty Products to us within 24 hours of delivery.
  5. If a Product is damaged, incorrect or faulty, you must contact us within 24 hours of delivery. You must comply with directions or instructions given by us in relation to returning the damaged, faulty or defective Product to the manufacturer or us.
  6. If you consider that your Order is not of acceptable quality, not fit for the purpose, not conforming with any description or sample provided, not durable, safe or free from defect then you must notify us of this as soon as possible, with complete details of the problem and evidence (‘Complaint’).
  7. We provide no guarantee as to the outcome of any Complaint but we will make every effort to ensure our Customers’ satisfaction.
• Consumer Guarantees
  1. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.
  2. To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Products or Services again or payment of the cost of having the Products or Services supplied again.
  3. To the maximum extent permitted by law, we will not provide you with a refund, or exchange the Products or Services Ordered by you on, or via, the Site where:
     1. the Products are damaged through misuse, accident or abnormal use; or
     2. the Australian Consumer Law or any manufacturer’s warranty does not apply.
  4. Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.
• Indemnity
  1. You agree to indemnify us and our officers, directors, employers or contractors (collectively, the ‘Indemnified’) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.
• Liability
  1. To the maximum extent permitted by law, we exclude all:
     1. conditions, guarantees or warranties expressed or implied by law; and
     2. any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of, the Site, or any Products or Services Ordered on, or via, the Site and this Agreement.
  2. Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the fee paid by you to us for the Products in your Order. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
  3. To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.
• Privacy
  1. We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.
• General
  1. We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
  2. Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
  3. Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
  4. A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.