T&Cs (GIFT CARDS)
Electronic Gift Cards and Physical Gift Cards (Gift Cards) purchased from The Cocktail Shop and their use are subject to these Terms. These Terms & Conditions form a legal agreement between You (the Customer) and Melbourne Cocktails Pty Ltd, trading as The Cocktail Shop.
By accessing and using the service, You are indicating that You accept and agree to comply with this agreement. If You do not accept this agreement, You are not permitted to access or use the Gift Card services and must terminate your use of these services immediately.
Legal Age
By purchasing a Gift Card, You represent, acknowledge and agree that You are at least 18 years of age and that the recipient of the Gift Card is also at least 18 years of age. Under the Liquor Control Reform Act 1998 it is an offence; To supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000); For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700). Melbourne Cocktails Pty Ltd reserves the right to refuse service, terminate accounts, or cancel orders, in its sole discretion.
Use
The recipient of the Gift Card must be a resident of Australia (we do not offer international shipping). Gift Cards must be redeemed toward the purchase of eligible products on The Cocktail Shop. Purchases are deducted from the Gift Card balance and any unused Gift Card balance will be placed in the recipient’s account as credit. When making a purchase, the value of the purchase plus any shipping fees and taxes, if applicable, will be automatically deducted from account credits and credits will be used according to their expiration date, oldest being used first. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other valid payment method.
Expiration
Gift Cards expire 12 months from the date of purchase.
Non-Refundable & Non-Transferable
Gift Cards are non-refundable and non-transferable. Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law.
Cancellation
A Gift Card cannot be cancelled, and the purchase is final.
Limitations
Gift Cards cannot be used to purchase additional Gift Cards.
Personal Information
Customers agree to provide accurate, current, and complete information, as required for the administration of Gift Cards, including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number, as well as accurate and complete information as required when using a credit card or other payment options, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant that your use of a payment method in connection with any purchase You make on or through The Cocktail Shop is authorised and legal. Melbourne Cocktails Pty Ltd reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data.
In order to purchase a Gift Card, you will need to provide certain information, including but not limited to, recipient name and email address, recipient name.
Payment Methods
The Customer agrees to pay all fees and charges, as well as any taxes and shipping fees that may apply to your purchase of Gift Cards. You hereby authorise Melbourne Cocktails Pty Ltd or the third party payment processing service provider that we engage to charge your credit card for any such fees. All payments shall be made in advance prior to shipping Gift Cards. All sales and payments will be in Australian Dollars.
Pricing
Melbourne Cocktails Pty Ltd reserves the right to change prices for products and memberships at any time and does not provide price protection or refunds in the event of promotions or price decreases.
Refunds
Our policies regarding product returns, including refunds and exchanges, are in accordance with Consumer Affairs Victoria and the Department of Justice & Regulation. Please read the Returns Policy, which explains your rights to a refund if You are unsatisfied with any of our products, services or our customer care.
Third Parties
Customers acknowledge that Melbourne Cocktails Pty Ltd uses third party systems to process orders and payments. Please read the Privacy Policy, which explains how Customers’ personally identifiable information is collected, used and disclosed. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy.
Referral Credits
If a purchaser buys a Gift Card for a non-member and the recipient then becomes a member, the purchaser will not receive any referral reward if the recipient’s first purchase is with a Gift Card.
Electronic Communications
By purchasing a Gift Card and placing an order You agree to electronic communications from us being distributed to both you and the recipient of the Gift Card, including information about your order, as well as promotional messages.
Terms of Use
Please read the Terms of Use that apply to every user who accesses any of the information or services that we provide on this site. In using this site, you warrant that you have read, understood and accept the Terms of Use, and that you will comply with and be bound by our Terms of Use.
Severability
If any provision of these Terms is held to be illegal, void, invalid or unenforceable in any state or territory then such a clause shall not apply in that jurisdiction and is deemed never to have been included in these Terms in that state or territory. This will not affect the remaining provisions, which continue in full effect. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms.
Disputes
By accepting these Terms, You agree to use your best endeavours to negotiate and mediate with Melbourne Cocktails Pty Ltd to resolve any disputes arising from or in connection with these Terms & Conditions. Please notify us in writing of any dispute You may have.
Jurisdiction
These Terms & Conditions and this Site are subject to the laws of Victoria and Australia. If a dispute between You and Melbourne Cocktails Pty Ltd results in litigation, then You must irrevocably submit to the jurisdiction of the courts of Victoria.
Changes & Amendments
We reserve the right to amend these Terms & Conditions. Any change, modification, addition or removal of any of the Terms in part or in whole will be entirely at our sole discretion and without notice. Any revisions to the Terms will apply immediately after publication on this site. By using this site, we assume You have read, understood and agree to any amendments to these Terms.
Entire Agreement
These Terms & Conditions make up the entire agreement between You, the Member, and Melbourne Cocktails Pty Ltd and supersede any prior agreement, understanding or arrangement between You and Melbourne Cocktails Pty Ltd whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.