Part A - Terms of Use for Website
These terms of use (Terms) govern your use of this Liquor Connection website (Website). Please read these Terms carefully. By accessing this Website, you are entering into an agreement with Liquor Connection. If you do not agree to the Terms, do not continue to access this Website.
1. Ownership
The Website and all content is operated and owned by Liquorland (Australia) Pty Ltd ABN 82 007 512 414, trading as Liquor Connection (
Liquor Connection) with the principal place of business at 800 Toorak Road, Hawthorn East, Victoria 3123, Australia.
2. Use of Website
You must not:
• use another person’s details without their permission or impersonate another person when accessing the Website;
• by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any content contained on the Website;
• knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code;
• use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any port of the Liquor Connection Website;
• create accounts by automated means or under false or fraudulent pretences;
• take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
• use the Website in any way that is unlawful, illegal or breaches the rights of Liquor Connection;
• use the Website other than in accordance with these Terms.
3. Privacy and Commercial Electronic Messages
• 3.1 The Coles Group Privacy Policy forms part of these Terms. The Coles Group Privacy Policy sets out what personal information we collect, how we use it, to whom we may disclose it and what your privacy choices are. Our
Privacy Policy is available on the Coles Group website.
• 3.2 If you purchase goods online, Liquor Connection may be able to communicate with you about their products and services. This includes sending you great offers and promotions. Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail, app notifications and by advertising on certain websites and social media).
• 3.3 You can choose to opt out of some types of marketing and promotional messages that we send you. You can do this by:
- 3.3.1 clicking unsubscribe in any marketing or promotional emails that we send you; or
- 3.3.2 by calling customer service on 1300 656 644.
•3.4 There are, however, some messages that we must be able to send you. These include, for example, updates to our Terms.
• 3.5 If you wish to update where we send the above communications to you under clause 3.4, you can update your contact details by calling customer service on 1300 656 644.
• 3.6 Opting out of receiving commercial electronic messages from Liquor Connection will not withdraw your consent to receive messages from other Coles Group brands. Any consent you have provided to receive commercial electronic messages from other Coles Group brands are governed under separate terms and conditions that apply to those other Coles Group brands. If you would like to opt out of other Coles Group brands, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.
4. Third Party Websites
4.1 The Website may contain links to other web sites controlled by third parties (
Third Party Websites). Liquor Connection is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.
5. Intellectual Property
5.1 You acknowledge that Liquor Connection or its related corporations own or are licensed to use all Intellectual Property Rights in Liquor Connection, including any images, photographs or text that appears on the Website. You must not make any representation to the contrary and you must not use or copy Liquor Connection in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Website are owned by or licensed to Liquor Connection or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.
6. Limitation of Liability
6.1 Liquor Connection does not warrant or guarantee:
- 6.1.1 the accuracy or completeness of any information available on the Website;
- 6.1.2 that access to the Website will be uninterrupted or error free;
- 6.1.3 that any defects will be corrected immediately; or
- 6.1.4 that the Website will be free from viruses or other contamination.
6.2 Except where prohibited by law, Liquor Connection will not be liable to you for any Loss that you may suffer due to use of the Website, including use of any information on it or unauthorised access. You use the internet and the Website at your own risk. Nothing in these Terms limits your rights under Australian Consumer Law.
7. Termination of Use
7.1 You may stop using the Website at any time for any reason.
7.2 Liquor Connection reserves the right in its absolute discretion acting reasonably, to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party's rights or liabilities.
8. Variation to Terms
8.1 Liquor Connection may vary these Terms at any time.
8.2 Liquor Connection may send notices including any updates to these Terms by email, conventional mail or notice on the Website. Notice is effective the date notice is received, or such later date as specified in the notice.
8.3 By continuing to use the Website you consent to any variations.
9. Governing Law
9.1 These Terms are governed by the laws of Victoria in Australia, and any dispute in relation to these Terms or your access or use of the Website will be the exclusive jurisdiction of the Courts of Victoria.
Part B - Customer Agreement
This Agreement is a contract between you and Liquorland (Australia) Pty Ltd (ABN 82 007 512 414) (trading as Liquor Connection). It sets out how you can purchase goods online from Liquor Connection for your business. By completing the customer application process and purchasing goods online from Liquor Connection, you are bound by this Agreement.
All online orders of liquor from Liquor Connection are processed and distributed by Liquor Connection and the Licensee entities referenced and in accordance with the licences outlined here.
1. INTERPRETATION
In these Terms:
Agreement is an agreement between you and Liquor Connection to supply the Goods, and consists of the Order and these Terms;
Delivery Address
is the address where the Goods are to be delivered as stated on the Order;
Delivery Fee
is the fee payable to Liquor Connection for delivery of the Goods to your Delivery Address and handling and other costs associated with processing your Order. Fees and conditions may vary depending on your location and the delivery option you select. Full details are available here;
Goods
are items in an Order, and include packaging;
Intellectual Property Rights
includes copyright, trademarks, patents, designs and protection of confidential information;
Licensed Premises
means the licensed premises as per each liquor licence and outlined here, and referred to jointly and severally as the context requires;
Loss
means any loss including any liability, cost, expense, claim, proceeding, action demand or damage;
Order(s)
is an order(s) by you to purchase the Goods from Liquor Connection and includes any order made using the Website or by telephone to Liquor Connection sales team;
Personal Details
includes your name, the Delivery Address, email address, contact phone number/s and payment details;
Product List
is the list of Goods displayed on the Website;
Terms
means these terms, and any additions or variations, and
Website
includes without limitation www.liquorconnection.com.au.
2. THE AGREEMENT
An Agreement exists between you and Liquor Connection once Liquor Connection receives and accepts an Order which occurs when you order and payment is processed. Liquor Connection has no obligation to supply the Goods until the Order has been accepted. Each Order may be accepted by Liquor Connection at its absolute discretion and Liquor Connection acting reasonably expressly reserves the right to limit sales to reasonable quantities as determined at the sole discretion of Liquor Connection. Each Order generates a separate Agreement, which Liquor Connection reserves the right to cancel at any time pursuant to clause 4 below. Persons under 18 years of age are not permitted to place an Order.
3. CUSTOMER APPLICATION
Accurate information:
Information provided by you in the Order must be accurate and complete. It is your responsibility to inform Liquor Connection if there are any changes to your details.
Delivery area:
Orders for delivery to addresses that are not in the Liquor Connection delivery area cannot be processed. If your address is not in an area where Liquor Connection delivers, we will let you know.
Date of birth:
Your date of birth may be required by relevant State or Territory liquor licensing laws. You are required to provide this information truthfully at the time of registration or placing your Order.
Business Account:
Customers wishing to set up a business account can email
sales@liquorconnection.com.au. Business account customers will be bound by these Terms and will also be bound by the additional terms specific to setting up the business account which may also include trading terms.
4. ORDERS, DELIVERY AND COLLECTION OF GOODS
Age: It is against the law for Liquor Connection or you to sell or supply liquor to, or obtain liquor on behalf of, a person under the age of 18 years. In placing the Order, you warrant to Liquor Connection that:
a. You are over the age of 18 years and will produce evidence of age to the satisfaction of Liquor Connection when requested at the time of delivery to us or our third-party delivery providers. You may also be required to verify you are over 18 years of age through a Trusted Digital Identity Framework accredited service provider prior to placing your order,
b. Any person that you are obtaining the Goods for, or supply the Goods to, is over the age of 18 years, and
c. You will not take or supply any part of your Order to any liquor-restricted area or community.
Changes to or cancellations of Orders: If you need to make any changes to or would like to cancel your Order, contact us on 1300 656 644 and we will discuss your options with you.
We may cancel your Order before delivery or collection in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your order are if:
a. any of the Goods are not available;
b. there was any error in the description of any of the Goods in your Order or the price as advertised by us;
c. your order is in breach of this Agreement or any other relevant terms and conditions or is contrary to any law.
In the event that your Order is cancelled, we will endeavour to contact you as soon as possible, via one or more of your contact details supplied, to advise of you of the cancellation.
Delivery: Liquor Connection will work with our carrier partners to deliver the Goods to you at the Delivery Address provided. We will make our best effort to deliver within the time agreed with you, however events beyond our reasonable control may occur from time to time which means that these delivery times may not be met. If this occurs, we will endeavour to contact you to arrange an alternative delivery time.
Liquor Connection cannot commit to delivery beyond the front door of your home or office building. Front door means the front door or a point beyond which entry into the interior of the building occurs. If you request Liquor Connection, or our carrier partner, to deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless Liquor Connection (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door.
While within our checkout you may be able to request that your delivery is left unattended if no-one is home, our carrier partners reserve the right to not complete deliveries and leave collection notification. This may be through orders not limited to;
- Driver concern of minors present in local vicinity;
- Inability for recipient to present adequate proof of age;
- Unclear instructions authorising delivery to be left unattended and in a safe place; or
- Deliveries on the same day which cannot be left unattended.
Authorised receipt of Goods: Anyone at the Delivery Address who receives the Goods shall be presumed by Liquor Connection to be authorised to receive the Goods. You must ensure that a person over the age of 18 years is available to accept these Goods. Delivery of liquor will be subject to liquor licensing requirements and will not be made to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or deemed to be unsuitable. Liquor Connection may request evidence that the person collecting the Order is 18 years or older. If the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age, or we believe that they are acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they are under 18 years of age), Liquor Connection may refuse to deliver the Goods. Vintage Cellars may refuse to provide liquor to a person who is intoxicated or disorderly.
Minimum order value: We reserve the right to set a minimum order value from time to time. The minimum order value excluded the Delivery Fee. Liquor Connection may decide to accept an order which is below the minimum order value. Doing this in one instance won’t oblige Liquor Connection to accept an order which is below the minimum order value at any other time.
Product availability: Some products and offers may not be available. Due to liquor licensing restrictions, certain Goods will not be available for sale in some areas which include (but not limited to) Northern Territory, South Hedland, Broome, Kununurra, Tom Price and Kalgoorlie. Liquor Connection is unable to deliver to any area that is classified by the Australian Government as a dry zone; Australian Islands that are classified as in International Waters; or areas determined by Liquor Connection based on state and local legislation and restrictions and Coles' responsible supply of alcohol policies having regard to our commitment to harm minimisation. Liquor Connection reserves the right not to sell certain Goods to any person to which, or in any location where, the sale of certain Goods is restricted or prohibited whether by law or otherwise.
Additional services: From time to time, Liquor Connection may offer you additional services. You acknowledge that all terms and conditions of such additional services shall apply and form part of these Terms. You acknowledge that Liquor Connection is not making and has not made any warranty or representation as to the additional services or the suitability of the additional services to you, other than any warranty or representations that cannot be excluded by law. To the maximum extent permitted by law, all other warranties and representations are excluded.
5. RISK AND TITLE IN THE GOODS
Risk in the Goods passed to you upon delivery at the Delivery Address. You agree that title to the Goods passes at the Licensed Premises where we dispatch the Goods in your Order and passes to you once the Goods have been dispatched (left the licensed premises for delivery to You). Immediately on us making a refund to you for any Goods (for example a cancellation under clause 4 'Orders, Delivery And Collection Of Goods') you agree that title in the Goods shall pass back to us immediately
6. RETURNS AND REFUNDS
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You're also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
If your purchase is faulty, damaged, incorrectly described or breaches a consumer guarantee, we will be happy to provide you with either a refund or exchange upon presentation of your proof of purchase. If this purchase incurred a delivery fee, we will also cover the cost of the delivery fee for the return of the Goods back to us.
Please note that goods (including food) will not be accepted by Liquor Connection for a refund or exchange due to a change of mind.7. PRICE OF GOODS AND PAYMENT
Delivery Fee: if required by Liquor Connection, you must pay the Delivery Fee for each Order with Liquor Connection. You acknowledge that the Delivery Fee may not be refundable.
Specials:Liquor Connection offers specials that are available both instore and online. However, there are also online only promotions and specials that are available instore only.
Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and as appears on the Order confirmation, except:
a. if a Good is out of stock, in which case you won't be charged for that Good,
b. where you have accepted to substitute Goods, Liquor Connection may substitute the Goods and you will be charged at the lower of the original or the substitute price at the time the substitute Good is processed for your Order, and
c. if you modify your Order, in which case all prices will update to the then-current prices.
Pricing and product information errors: Liquor Connection reserves the right to amend any pricing or product information errors displayed due to human error, computer malfunction or other reason and may exercise its right to cancel the order pursuant to clause 4 above.
a. All prices are Australian dollars and are inclusive of GST.
b. Prices may vary between stores. Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated once your delivery details are provided in the checkout.
c. Product prices for products listed on the website are applicable to online purchases through only. Product prices listed may vary from prices within Liquor Connection retail stores.
d. Promotional offers and prices are as stated, with no further discounts available.
e. Bundle Buy Save Value is based on regular shelf prices of individual bottles.
f. Prices are subject to variation
g. Promotional codes are single use and cannot be used on multiple orders
Tax invoice: Before or upon delivery of the Goods, we’ll provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.
Method of payment:
You shall pay for the Goods at the time of purchase or when your Order is dispatched. You may use your credit card (Mastercard, Visa and American Express) or Paypal, or your Business Account (if applicable). Liquor Connection does not accept cash.
Saving Card Details: Where the customer chooses to save their card details with Liquor Connection, the customer consents to:
1. Liquor Connection storing the card details for use only as a payment method for future purchases they may make.
2. Liquor Connection will notify the customer of any changes to this agreement.
8. OUT OF STOCKS AND SUBSTITUTION
Liquor Connection does not provide rain checks on Goods ordered by you. If the items you have ordered are out of stock Liquor Connection customer service will endeavour to contact you to offer a like-for-like substitution that is available. If you are unhappy with the substitution offered we will cancel the order and complete a refund.
9. PACKAGING AND LABELLING OF GOODS
Liquor Connection aims to provide up-to-date pictures and details of the Goods on the Website. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. Liquor Connection does not warrant the accuracy of the information contained on the Website, any descriptions or pictures, and recommends that you read labels carefully before consuming Goods. Additionally, our wine vintages are subject to change and may vary from store to store and when delivered.
10. LIABILITY
10.1 Liquor Connection will use reasonable care and skill in fulfilling the Orders.
10.2 We are responsible for loss suffered by you as a result of:
- a. our negligence if it causes personal injury or death, or
- b. a serious breach of this Agreement by us, if that loss was reasonably foreseeable at the time.
10.3 Subject to clause 10.2 and to the extent permitted by law, you release and discharge Liquor Connection and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss of 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 Liquor Connection or this Agreement (including the installation, downloading, use or performance of any software related to the Website).
10.4 Provided that it is fair and reasonable to do so, any liability by Liquor Connection resulting from a breach of warranty (express or implied) will be limited as follows:
- a. If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods, or
- b. If the breach relates to services, to the re-supply of the services or the cost of having the services supplied again.
10.5 The limitations in clause do not apply to any condition or warranty implied by legislation that does not permit the liability of Liquor Connection to be limited.
11. USE OF THE WEBSITE
Your use of the Website is governed by the terms of use for Website which can be viewed at Part A – Terms of Use for Website.
12. USERNAME AND PASSWORD
You are responsible for the safekeeping of your user name and password. You are liable if your account is misused by an unauthorised person.
13. NOTIFICATION OF CHANGES
Liquor Connection may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 15. Any Order placed by you after notice will constitute your deemed acceptance of such changes.
14. TERMINATION
Liquor Connection may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. Liquor Connection may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders at Liquor Connection at any time.
15. NOTICES
Liquor Connection may give notice to you by email, conventional mail or notice on the Website. You may give notice to Liquor Connection by email to
sales@liquorconnection.com.au16. SEVERABILITY
Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
17. LAWS
The laws of Victoria govern this Agreement.
