By accessing this website, becoming a registered member and or by placing an order you, the customer, acknowledge that you have read and understood these terms and conditions and agree to be bound by the following terms and conditions, which constitute a contract between Virginia Spirits Pty Ltd (“Virginia Spirits”, “we”, “our” and “us”) and you.
1. Liquor Licence
1.1. Purchases of alcohol products made through http://thirty-six-short.myshopify.com (“Website”) are made pursuant to SA Direct Sales Licence No. 51406843.
1.2. No person under 18 years of age is permitted to place an order for or be the recipient of any alcoholic goods.
2.1. An Agreement exists between you and Virginia Spirits once Virginia Spirits receives and accepts an order from you.
2.2. No obligation to sell or supply the goods will arise until the order is received and accepted by Virginia Spirits.
2.3. Each order may be accepted by Virginia Spirits in its absolute discretion including, but not limited to, Virginia Spirits accepting an order by imposing limits on the number of goods ordered by a customer and requiring payment of all outstanding amounts owed by a customer to Virginia Spirits before accepting a further order of goods.
3. Prices and Payment
3.1. All prices on this website are in Australian dollars and include GST. Prices may not include delivery charges and administration fees.
3.2. Payments for goods to be delivered must be made in full prior to delivery.
3.3. We offer a range of options for payment of your account. There may be fees, whether internal and/or external, associated with any of these methods of payment. You must pay any and all such fees. Credit card payments (Visa and MasterCard accepted) may incur a surcharge.
3.4. We reserve the right to cease special offers or change prices at any time without notice.
5.2. Virginia Spirits is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures.
5.3. Virginia Spirits is not liable to you for any loss and damage caused by any viruses, cyber-attacks and malicious software that access or attempt to access your personal information held by Virginia Spirits or the Website.
5.4. Virginia Spirits in no way guarantees the accuracy of information on external sites which can be accessed from links on this Website. External links are provided for your convenience only.
5.5. It is the responsibility of members of our site to protect their log-in details from being disclosed to any third party.
6. Delivery Policy
6.1. Subject to you complying with these terms and conditions, we will deliver via Australia Post to the address specified in the delivery instructions.
6.2. We reserve the right to charge a delivery fee.
6.3. Please ensure someone is present at the delivery address to sign for the goods that is 18 years of age or older.
6.4. If no one is present at the delivery address to accept delivery of the goods, the goods will not be delivered and will be returned to an Australia Post Office for collection at your own cost. A further delivery fee may be applicable to have your goods redelivered to your delivery address if necessary.
6.5. Anyone at the delivery address who receives the goods will be presumed by Virginia Spirits to be authorised to receive the goods on your behalf. Virginia Spirits may request that the person who receives the goods at the delivery address provides satisfactory evidence of proof of age. Virginia Spirits will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. Any goods will not be delivered to persons under the age of 18 years old or who fail to provide proof of age satisfactory to Virginia Spirits that the person is aged 18 years or over.
Cancellation By Us
7.1. We may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. Any such cancellation shall be by giving you such reasonable cancellation notice as we are able to provide via any of the contact details we have for you. The circumstances in which we may cancel your order are if:
7.1.1. any of the ordered goods are not available;
7.1.2. there was any error in the description of any ordered goods or their price as advertised by us;
7.1.3. your order is in breach of these or any other relevant terms and conditions or is contrary to a person's rights or to any law; or
7.1.4. these terms and conditions provide that we may not deliver your order.
Cancellation by You
7.2. You agree that you cannot change or cancel an order after it has been placed.
8.1. Please choose goods carefully as any refund or exchange will be limited to rights expressly granted by law.
8.2. If you are not satisfied with the quality of the services we provide or the condition of the goods you receive please contact us by email: [email protected]
8.3. Virginia Spirits reserves the right to insist on the return of original items to its goods storage facility, at the customer’s expense before any refund can be considered.
9. Limitation of Liability
9.1. You acknowledge that the service provided by Virginia Spirits is provided "as is" and that Virginia Spirits is not making and has not made any warranty or representation as to the goods or Virginia Spirits’ suitability for any particular purpose other than the mandatory statutory warranties. To the maximum extent permitted by law, all other warranties and representations are excluded.
9.2. To the extent permitted by law, you agree that any liability of Virginia Spirits arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you by Virginia Spirits will be limited to:
9.2.1. if the condition relates to goods, the replacement of the goods or the supply of equivalent goods, and
9.2.2. if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
9.3. You accept all risk arising out of the installation, downloading, use or performance of the Website and any computer program that forms part of it.
9.4. To the maximum extent permitted by law, you release and discharge Virginia Spirits from all direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with your use of the Website or this Agreement, including, without limitation, loss or damage caused by the negligence of Virginia Spirits.
10. Risk and Title
Risk and title in the goods passes to the you upon delivery of the goods to the delivery address.
11. Labelling of Goods
Virginia Spirits aims to include in the product list up to date pictures of all the goods. At times pictures are for illustrating purposes only and Virginia Spirits does not warrant the accuracy of information contained on the product list and recommends that you read the labels on the goods carefully before consuming the goods.
12. Licence and Intellectual Property Rights
12.1. You are licensed to use our Website on your computer for your use in purchasing the goods from Virginia Spirits.
12.2. You acknowledge that you are not permitted to make any other use of the Website unless given written prior authorisation by Virginia Spirits.
12.3. You acknowledge that any trademarks or logos which appear on the Website are owned by or licensed to Virginia Spirits or its related corporations and that you must not do anything to prejudice the rights of the trademark owner or licence to such trademarks or logos.
13.1. Virginia Spirits makes no representations or warranties of any kind express or implied as to the operation of this Website or the information, content, materials or products included in this Website. You expressly agree that your use of this Website is at your own risk.
13.2. To the full extent permissible by applicable law, Virginia Spirits disclaims all warranties, express or implied. Virginia Spirits does not warrant that its Website, its service, or emails sent from Virginia Spirits are free of viruses or other harmful components. Virginia Spirits will not be liable for any damages of any kind arising from the use of this Website including but not limited to direct, indirect, incidental, punitive and consequential damages.
13.3. You assume total responsibility for your use of the Website and any linked websites. Your sole remedy against Virginia Spirits for dissatisfaction with the Website or any contents is to stop using the Website or any such contents.
13.4. Virginia Spirits reserves the right to do any of the following at any time without notice:
13.4.1. Modify, suspend or terminate operation of or access to the Website or any portion of the Website for any reason;
13.4.2. Modify or change the Website or any portion of the Website including prices and any applicable policies or terms; and
13.4.3. To interrupt the operation of the Website or any portion of the Website as necessary to perform routine or non-routine maintenance, error, connection or other changes.
13.5. You must indemnify and hold harmless Virginia Spirits or its employees, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses, claims and damages arising from:
13.5.1. any breach by you of these terms; or
13.5.2. reliance by you on any information obtained through the Website.
14. Applicable Law
This Website is governed by the laws of South Australia.
If any provision of these terms and conditions is (or is found to be) invalid or unenforceable, then it may be severed from these terms and conditions without affecting the validity and enforceability of any of the remaining provisions.
16. Promotion and Product Availability
All specials, promotions, offers and discounted items are as advertised on the Website are available only while stocks last unless otherwise advertised. All terms and conditions of these specials, promotions, clearances, offers and discounted items advertised on the Website will apply.
17.1. Virginia Spirits reserves the right at its discretion to close a customer account or cancel an order if it believes a person has breached these terms and conditions.
17.2. Should Virginia Spirits be prevented from carrying out its obligations by events beyond its control, Virginia Spirits will be excused from complying with its obligations whilst such events persist, and, at its option may elect to cancel any order without liability and refund the customer for any charges.