Retail Terms & Conditions

Retail Terms & Conditions (29/06/2021)

1. DEFINITIONS

"We", "Our" or '"Us' means William Grant & Sons Australia Pty Ltd (ABN 59 142 683 145) or its successors and assigns.
"Conditions” means the terms and conditions in this document.
"Contract” means a contract between Us and You for the purchase and sale of the Goods of which these Conditions form part;
"GST” has the same meaning as in the GST Legislation;
GST Legislation" means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
"You" or "Your” means the person, firm or body corporate with whom We are contracting under the Contract;
"Goods” means any product made or supplied by Us and sold under the Contract;
"Official" means any individual being Our employee or agent duly authorised by Us to negotiate the sale of Goods and where appropriate waive or vary these Conditions;
“Security Interest” has the meaning given in the PPSA;
“Website” means https://www.glenfiddich.com/au/shop and all associated pages owned and operated by Us;
“Stock” means the quantity of goods held by Us, or to be held by Us, from which the Goods subject to the Contract are to be drawn;
“Writing” means post, facsimile transmission, e-mail and any comparable means of communication; and
“Written” shall be construed accordingly.

2. CONTRACT

(i) Headings are for convenience only and shall not affect the interpretation of these Conditions. These Conditions apply to Contracts for the supply of Goods by Us to the exclusion of any other conditions unless and except to the extent that:
- (a) These Conditions have been superseded by any conditions which We have notified to You, and
- (b) These Conditions have been cancelled waived or varied in Writing by an Official. Any such cancellation, waiver or variation shall apply only to the particular contract for which it was given. Each delivery of Goods will be regarded as a separate contract.
(ii) Headings are for convenience only and shall not affect the interpretation of these Conditions. These Conditions apply to Contracts for the supply of Goods by Us to the exclusion of any other conditions unless and except to the extent that:
- (a) he placing of orders by You through the Website shall not bind Us until Our Written confirmation has been issued to You.
- (b) Any addition alteration or modification of an order shall need Our Written confirmation.

3. PLACING AN ORDER THROUGH THE WEBSITE

You may order Goods by selecting and submitting your order through the Website in accordance with these Conditions and the Website Terms of Use available at https://www.glenfiddich.com/au/shop/terms-of-use
Any order placed by you for Good(s) is an offer by you to purchase the particular Good(s) subject to these Conditions. By placing the order, You agree to these Terms.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders place through the Website.
You warrant that all information provided by You to Us is current, complete and accurate.

3A. ORDERS AND SPECIFICATIONS

No order submitted by You shall be held to be accepted by Us unless and until its acceptance is confirmed in Writing by Our Official from Our New South Wales office premises.
An order will only be accepted by Us if it is based on an order created under Clause 3.
The quantity, quality, description and specification of Goods shall be set out in Our quotation. The Goods for the order will be ascertained by Us upon Our acceptance of the order. For the purposes of any applicable Sale of Goods legislation that cannot be excluded by Clause 10B, the Goods will be ascertained by Us as being part of Our stock that reflects the quantity, quality and specifications set out in the order created per Clause 3.
We may make any changes in the specification of Goods which are required to conform with any applicable safety or other statutory requirements which do not materially affect their quality or quantity, or are inconsistent with Your order.
You acknowledge that there may be insufficient Stock of a Good that You order. If this happens, then we will not be able to provide you with that product.
No order which We have accepted may be cancelled by You, except with Our prior Written agreement and on terms that You shall indemnify Us in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by Us as a result of cancellation. Nothing in this Clause is to be taken to limit your rights under Australian Consumer Law per clause 10A and 10B.
With Our acceptance We will provide You with a tax invoice specifying, subject to these Conditions, the Goods, prices and method of delivery.

3B. THE LIQUOR LAW REQUIREMENTS APPLYING TO YOUR ORDER

All orders that We accept for alcohol products are only accepted from Our licensed premises in New South Wales.
The order and any acceptance by Us, is subject to Our obligations under the Liquor Act 2007 (NSW) and Our obligations to comply with Responsible Service of Alcohol principles under that law.
Our acceptance of Your order may be delayed by Us, so that We may have sufficient time to verify that Our sale of alcohol products to You, complies with Our statutory obligations.
By submitting an order Us, You:
acknowledge that it is against the law to sell or supply alcohol product to, or obtain alcohol products on behalf of, a person under the age of 18 years;
warrant that You are over 18 years of age and are not obtaining alcohol on behalf of a person under the age of 18 years;
warrant that Your purchase is not for the purposes of resale to a third party.
If You are a Northern Territory based customer, or Your order is for delivery to a location in the Northern Territory, Our listing of a product for sale, does not constitute an offer to sell that product to you. All orders from Northern Territory customers or for delivery to the Northern Territory, will be subject to additional price checks and adjustments under Condition 4B.
The delivery to You of alcohol products by Us, is subject to the requirements of the Liquor Act 2007 (NSW).
Alcohol products will only be delivered to the person or entity named on the order, or a person who is authorised by You to take delivery on Your behalf, at the address nominated by You for Your delivery.
We will not deliver any alcohol products into control of a person who is below the age of 18, or to a person who appears intoxicated or is abusive, violent, quarrelsome or is in school uniform.
Proof of identity indicating date of birth, may be requested on delivery to any person who appears to be under the age of 25 years. Proof of identity must comply with the requirements of the Liquor Act 2007 (NSW) and with any other relevant liquor licensing law.
If the person taking delivery cannot provide sufficient proof of identity, We will refuse to make the delivery and the Goods will be returned to Our warehouse at Your expense. This cost and further delivery costs incurred by Us, shall be added to the Price payable by You.
You acknowledge and agree that we may collect and record the details of any proof of identity provided in relation to delivery of Goods. The personal information collected will be held by Us and may be used by Us in accordance with Our Privacy Policy. Our Privacy Policy can be viewed here: https://www.glenfiddich.com/au/shop/privacy-cookies-notice

4. PRICE

The price payable by You for Goods shall, subject to Condition 4B, be the quoted price or the price stated by Us on the Website payable in Australian dollars (or such other currency as We may nominate) by the methods stated in Clause 4C. All prices are inclusive of GST, per Clause 4A, and where appropriate are subject to sales tax, duties, other applicable taxes and fees pertaining on the despatch date.

4A. GST

Supply under this Contract is a taxable supply as defined in the GST Legislation, and GST is payable on that supply, therefore the price of the supply will include the required amount of the GST payable.

4B. MINIMUM UNIT PRICING FOR THE NORTHERN TERRITORY

If You are a Northern Territory based customer, or Your order is for delivery to a location in the Northern Territory, all quoted prices provided by Us are subject to additional price checks to ensure compliance with the minimum unit pricing requirements of the Northern Territory Liquor Act 2019. Where necessary, We may adjust the price to comply with this legislative requirement.

4C. PAYMENT METHODS

You must pay the prices of the order as provided by Clause 4 using the methods provided for on the Website. The method chosen by You is Your Nominated Payment Method.
You authorise US to debit the amount that is payable for your Order from Your Nominated Payment Method to pay for the fees and charges.
You warrant that You are not making, or attempting to make, payment through fraudulent or otherwise unlawful means.
You also warrant to Us that your Nominated Payment Method is valid and will result in Us being fully paid for the amount due.
If we are unable to successfully process Your payment for Your order you will be notified.

5. TERMS OF PAYMENT

Full payment for Your order is to be made by You to Us, prior to Our acceptance. The amount due for Your order becomes payable to Us as soon as you have submitted Your order, but subject to Our acceptance.
Without prejudice to Our rights, if You fail to make payment on the making of Your Order We will refuse to supply orders for Goods until the full outstanding sum(s) due (including interest thereon) is/are paid to Us. We shall not be liable to You for any costs, expenses, liabilities or damages which You may incur due to Our refusal to supply Goods under this paragraph.

6. DELIVERY

Delivery of the Goods will be made in accordance with the method stated on the tax invoice.
Any dates quoted for delivery of the Goods are approximate only and We shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Us in Writing. The Goods may be delivered by Us in advance of the quoted delivery date on giving reasonable notice to You.
If You fail to take delivery of the Goods or fail to give Us adequate delivery instructions at the time stated for delivery (otherwise than for reasons beyond Your reasonable control or by reason of Our fault) then without prejudice to any other right or remedy available to Us, We may store the Goods at Your expense until actual delivery takes place.
The delivery of Goods to You shall not constitute the passing of title to You. We retain all title to the Goods under Clause 8.

7. PASSING OF RISK

The risk in the Goods shall pass to You on delivery.

8. RESERVATION OF TITLE

Notwithstanding the passing of risk in the Goods under Clause 7 all title to the Goods shall remain with Us and shall be transferred to You, only upon:
- (a) payment in full for the Goods (including where appropriate any duty, GST and any other applicable tax payable thereon); and
- (b) When full payment is acknowledged by Us as being received.
We may at any time notwithstanding that payment in full has not been received for the Goods waive Our reservation of title thereto or to any part thereof by notice in writing to You whereupon property in the Goods shall forthwith pass to You.

9. LIABILITY

We hereby expressly exclude (to the extent legally permissible) any loss or damage of any kind arising our of this agreement or in connection with the relationship established by it.
You shall have no right of set off in respect of any claims which You may have against Us.

10. PROHIBITION OF RESALE

All Goods are sold on the express condition that they will not be resold to any third party.

10A. CONSUMER LAW

In this clause:

"Consumer" has the same meaning as in the Australian Consumer Law.

“Consumer Rights" means Your rights under the Australian Consumer Law if You are a Consumer and

"Australian Consumer Law" means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

If You are a Consumer, You are entitled to certain Consumer Rights that cannot be excluded. You agree that (except to the extent of any Consumer Rights, if you are a Consumer), all terms, conditions, warranties, guarantees, representations and obligations in relation to the Contract and the supply or Goods or services by Us to You which would be implied or granted by statute or general law are excluded, to the extent legally permissible.
Where you are a Consumer, and the Australian Consumer Law permits Us to limit the remedies available to You, including for a breach of a Consumer Right, or if You are not a Consumer, we hereby limit the remedies available to You in accordance with Clause 9.

10B. RETURNS AND REFUNDS

We are required under Australian Consumer Law to provide you with the following warranty information:
- “Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service”
In the event the Goods supplied by Us to You are faulty, damage, wrongly described or in some way breach a consumer guarantee we will refund your money or exchange the product upon presentation of proof of purchase.
In the event of Good(s) missing from your delivery, and Our acceptance or tax invoice does not note that those Good(s) are out of stock, then we will refund the money paid for those Good(s) so long as:
- You provide Us with proof of purchase; and
- We are reasonably satisfied that the Good(s) were not supplied to you.
If You wish to seek a refund or return the product for exchange then you may contact Our Customer Service team by:
- (a) Email: wgsa.customerservice@wgrant.com or
- (b) Telephone (during contact hours): 02 9409 5100.
No refund or exchange will be provided without proof of purchase or to someone not identified by that proof of purchase.
Please note that returns and refunds will not be accepted by Us for a change of mind.
This Clause applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law.

10C. SALE OF GOODS LEGISLATION

“Sale of Goods Legislation” means any relevant State and Territory legislation, which deals with the sale of goods.
You agree that the operation of any Sales of Goods Legislation over all terms, conditions, warranties, guarantees, representations and obligations in relation to this Contract with You and the supply or Goods or services by Us, is expressly excluded, to the extent possible under that Legislation.

11. FORCE MAJEURE

We shall incur no liability for loss, damage, deficiency, delay in delivery, non-delivery or destruction or injury attributable in whole or in part to any circumstances outside Our control.

12. ALTERATION

We reserve the right to alter or add to these Conditions at any time.
If You have an Order that has been accepted by Us, the Terms that will apply to the Order are the Terms that applied at the time We accepted the Order.

13. WAIVER

No relaxation, forbearance, delay or indulgence by Us in enforcing any rights hereunder shall affect, prejudice or restrict such right and any waiver by Us in respect of any breach of contract by You shall not operate as a waiver of any subsequent or continuing breach. Each delivery of Goods will be regarded as a separate contract for this purpose.

14. NOTICES

Anything required to be given in Writing shall be deemed to have been given if served on You personally or sent by registered post or by facsimile transmission or electronic transmission. Any such communication shall be deemed to have been served 48 hours after the time of posting where sent by post, at the time of delivery if delivered by hand, or at the time of receipt by Us of an automated receipt from the relevant facsimile machine or electronic mail system.

15. SEPARATE AND SEVERABLE

Each Clause in these Conditions shall be separate and severable and enforceable accordingly.

16. LAWS OF NEW SOUTH WALES

This Contract and these Conditions, are subject to the laws in force in the State of New South Wales, Australia. Each party agrees to and submits to the jurisdiction of the Courts of the State of New South Wales.