These Terms & Conditions form a legal agreement between You (the Customer or Member) and Melbourne Cocktails Pty Ltd, trading as The Cocktail Shop.
This agreement states the Terms and Conditions that govern your use of our services. 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 services and must terminate your use of these services immediately.
GENERAL
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.
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.
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.
GIFT CARDS
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.
SUBSCRIPTIONS
Legal Age
By signing up for a membership, You represent, acknowledge and agree that You are 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.
Membership
By becoming a Member and placing an order, You agree to receive one shipment, once a month until You cancel your membership. By becoming a Member and providing your credit card information, You authorise Melbourne Cocktails Pty Ltd to charge your credit card (including shipping costs and any applicable taxes) for each monthly shipment. Recurring payments occur on the 15th of every month until your membership is cancelled. Products are shipped when payment has been made in full and funds are cleared in our account. It is your responsibility to notify us of any change to account information, payment method, or change of address prior to any shipment. Melbourne Cocktails Pty Ltd will not be responsible for any parcel that isn’t received due to inaccurate shipping details on your account.
Personal Information
Customers agree to provide accurate, current, and complete information, and ensure that information will be kept up to date, as required for the administration of memberships, 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. You must notify us of any change to account information, payment method, or change of address prior to any shipment. Melbourne Cocktails Pty Ltd reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data.
Membership Deferment
You may defer your membership (skip a shipment) at any time by emailing us at hello@melbournecocktails.com. Melbourne Cocktails Pty Ltd requires a reasonable amount of time to process your deferment request. All deferment requests must be received by the first day of the month for a deferment to be processed for that calendar month. For annual members, deferments must be at least three months apart and a maximum of two deferments per annum is permitted. Monthly members may defer any time after the first three months.
Membership Cancellation
You may cancel your membership by logging into your account or emailing us at hello@melbournecocktails.com. Melbourne Cocktails Pty Ltd requires a reasonable amount of time to process your Membership cancellation request. All cancellation requests must be received by the first day of the month for cancellation of auto-renewal to take effect that calendar month.
Annual members can cancel their membership after 12 months. Monthly members may cancel their membership after 3 months. If You cancel your membership before the end of your minimum term, You may enjoy your membership benefits until the end of the then-current membership term, and your membership benefits will expire at the end of the then-current membership term for which You signed-up. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
Melbourne Cocktails Pty Ltd may terminate your membership and refuse any and all current or future use of your membership: (1) in order to comply with applicable laws; (2) if You provide any information that Melbourne Cocktails Pty Ltd determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete); (3) if Melbourne Cocktails Pty Ltd determines, in its sole discretion, that You are using your membership in a manner that does not comply with these Terms; or (4) in other circumstances, as Melbourne Cocktails Pty Ltd deems appropriate in its sole discretion.
Automatic Renewal
Melbourne Cocktails Pty Ltd will automatically renew your membership on each monthly or annual anniversary date of your membership plan and, as authorised by You during the membership sign-up process, will charge your credit card with the applicable membership fee and any shipping costs and sales or similar taxes that may be imposed on your membership fee payments.
Terms of Sale
Products from the site are sold to end-user customers who purchase memberships to receive the products only for their own personal, non-commercial use. You may not purchase products or memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
Payment Methods
The Customer agrees to pay all fees and charges in accordance with the billing terms of the membership option selected, as well as any taxes and shipping fees that may apply to your purchase of products or memberships. 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 the products. If You do not pay on time or if your credit card cannot be charged for any reason, Melbourne Cocktails Pty Ltd reserves the right to either suspend or terminate your account and membership and terminate these Terms of Service. All sales and payments will be in Australian Dollars.
Pricing
Pricing for memberships, including any applicable shipping and handling fees, can be found on the current monthly and yearly subscriptions pages. The price that we will charge You for your membership will be the price as published. 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.
Passwords
As part of the initial registration process, You must choose a user name and a password to use when accessing site services. You are responsible for maintaining the confidentiality of your passwords, and You are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardise the security of your passwords. You agree to notify Melbourne Cocktails Pty Ltd if there is any unauthorised use of your password on this site or if You know of any other breach of security in relation to this site.
Referral Program
Melbourne Cocktails Pty Ltd may offer Members credits or discounts (rewards) toward future purchases from The Cocktail Shop when Members invite friends to become Members and those friends make a qualifying purchase in accordance to the Terms & Conditions of the promotion. You may only earn rewards via authorised Member invite mechanisms, and referrals outside of authorised channels will not result in any rewards. Rewards are non-refundable and not transferable, may not be auctioned, bartered or sold, may not be pooled with other Members, and expire six (6) months after issuance. The referred must follow the directions in the valid invite mechanism to accept the invitation or You will not receive a reward, and Melbourne Cocktails Pty Ltd will have no liability to You.
Melbourne Cocktails Pty Ltd reserves the right to void referrals and rewards earned if we suspect that the referrals were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by Melbourne Cocktails Pty Ltd.
You may not conduct your own promotion in connection with our referral program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Melbourne Cocktails Pty Ltd, and You may not use any trademarks of Melbourne Cocktails Pty Ltd without obtaining written permission.
The Referral Program is void where prohibited by law. Melbourne Cocktails Pty Ltd reserves the right to modify or terminate the Referral Program at any time, although rewards accrued shall be valid for six (6) months from the date of posting. Should there be any tax liability for the accumulation and/or use of rewards, such taxes are the sole responsibility of the participant. Your account may not accurately reflect the rewards You have earned and Melbourne Cocktails Pty Ltd will have no liability for any errors displayed in your account.
Multiple Accounts
A maximum of one account per person is allowed and registering multiple accounts is a violation of site Terms & Conditions. Using alternate email addresses or accounts or otherwise attempting to fraudulently benefit from the rewards program may result in forfeiture of your membership.
Electronic Communications
By becoming a Member and placing an order You agree to receive electronic communications from us regarding information about your order, as well as promotional messages.
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.
Your login credentials allow You to access this site and its services. You may utilise your log in credentials for an existing account on various third party websites, including, without limitation, Twitter and Facebook and, if applicable, configure your privacy settings in your third party website account to permit your activities on this site to be shared with your contacts in your third party site account. You agree that your use of any third party website through which You log in to this site using your third party site log-in credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.