These Terms & Conditions form a legal agreement between You (the Customer) 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 disagree, You are not permitted to access or use the services and must terminate your use of this site immediately.
GENERAL
Terms of Use
Please read the Terms of Use that apply to every user of the information or services provided on this site. In using this site, you warrant that you have read, understood, and accepted the Terms of Use, and comply with these binding 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 this service. Please notify us in writing of any dispute You may have.
Jurisdiction
This site and its Terms 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 whole will be entirely at our 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 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 included except where it is required 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.
Use
The recipient of the Gift Card must be a resident of Australia (we do not offer international shipping). Gift Cards must be redeemed on 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 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 3 years 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 canceled, 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.
To purchase a Gift Card, you will need to provide certain information, including but not limited to recipient name and email address.
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 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 distributing Gift Cards. All sales and payments will be in Australian Dollars.
Pricing
Melbourne Cocktails Pty Ltd reserves the right to change prices 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 dissatisfied with any of our products, services, or 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 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 SALE
Products are sold to end-user customers who purchase products as gifts or for their own personal, non-commercial use only. You may not purchase products for further distribution or resale or for any other commercial or business purpose.
Payment Methods
The Customer agrees to pay all fees and charges in accordance with the billing terms, as well as any taxes and shipping fees that may apply to your purchase. You 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 hold or cancel your order. All sales and payments will be in Australian Dollars.
Pricing
Pricing, including any applicable shipping and handling fees, can be found on the site. The price that we will charge You will be the price as published. Melbourne Cocktails Pty Ltd reserves the right to change prices 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 dissatisfied with our products, services, or customer care.
Passwords
Users are provided with the option of creating an account. 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 strength and confidentiality of 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 security breach that may compromise this site.
Multiple Accounts
A maximum of one account per person is allowed and registering multiple accounts is a violation of these Terms. Using alternate email addresses or accounts may result in forfeiture of your account including any credit that is connected to that account.
Electronic Communications
By 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 agree that we may use your personal information per the Privacy Policy.
You agree that your use of any third-party website through which You log in to this site via your third-party log-in credentials, eg Google, Facebook, etc, 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.