1.1 The Bottlemart, Harry Brown, SipnSave, Thirsty Camel WA mobile phone apps and shop.bottlemart.com.au, shop.harrybrown.com.au, shop.sipnsave.com.au and shop.wa.thirstycamel.com.au websites (collectively, the "Site") are mobile apps and shopping websites where you can view, select and order products advertised on the Site (“Products”) from the Bottlemart, Harry Brown or SipnSave store you select when ordering the Products. The Products can either be picked up at the selected store, or where available, delivered to your designated location in accordance with these terms and conditions.
1.2 These terms and conditions apply to you and the relevant Bottlemart, Harry Brown or SipnSave store ("we" or "us") you select when placing an order using the Site. The Site is operated by the Liquor Marketing Group (ACN 001 440 320) ("LMG") for the benefit of independent stores operating under one of LMG's "Bottlemart", "Harry Brown", "SipnSave" or "Thirsty Camel WA" brands. Through the Site, such independent stores may advertise, promote and offer their respective Products for sale. LMG is not a party to, nor is LMG subject to, these terms and conditions. To the maximum extent permitted by law, LMG disclaims all liability associated with your use of the Site. If you have issues with the use or operation of the Site or any Products ordered using the Site, you should contact your selected store.
3.2. You may not have more than one active account at any one time, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
4.1. You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions (“Order”).
4.2. Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including any charges and taxes) at the time you place the Order.
4.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
4.4. You agree that all information provided by you to us, including but not limited to when you place an Order, are current, complete and accurate details.
5.1. We reserve the right to accept or reject your Order for any reason, including a cancellation in accordance with clause 12.
5.2. Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and the store you select via the Site for the supply of those Products. The agreement for each Order that is accepted will only be created when accepted at the selected licensed premises (see clause 6.1) and will be in accordance with these terms and conditions and any additional offer terms or promotions notified to you, or that you are aware of, at or before entry into the agreement.
6.1. All accepted Orders for liquor products are only accepted, processed, distributed and transmitted from the selected licensed premises store specified by you when placing the Order. The Orders and any acceptance or agreement are subject to obligations under the various liquor licensing acts in the jurisdictions in which the selected store operates and applicable obligations to comply with responsible service of alcohol obligations.
(a) acknowledge that it is against the law to sell or supply alcohol or tobacco products to, or obtain alcohol or tobacco products on behalf of, a person under the age of 18 years; and
(b) warrant that you are over 18 years of age and are not obtaining alcohol (including liquor Products) or tobacco (including tobacco Products) on behalf of a person under the age of 18 years.
7.1. Unless otherwise indicated on the Site, and subject to our obligations under all relevant laws:
(each a "Case").
7.2. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order and/or we may reduce the size of the Order.
7.3. If you wish to place an Order that differs from our ordering requirements, then you will need to contact Customer Support. You will have access to Customer Support's services 24 hours a day, 7 days a week by lodging a ticket via email, depending the store you select, at email@example.com, firstname.lastname@example.org, email@example.com or firstname.lastname@example.org. If we agree to an Order that differs from our usual requirements, then you agree that the collection time may be longer than our usual collection times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and collection, or such other time that we notify you of at the time we accept your Order.
7.4. If we reasonably believe you are placing multiple Orders, whether under the same or different registration details, for the purposes of circumventing the Order limits, all such Orders may be cancelled by us without notice to you.
8.1. Product delivery is limited to certain geographic areas. For further details regarding our delivery service, including time-frames, operating hours and areas, please see Delivery and Pickup Timetable on the Site, or by visiting the About menu on the Site.
8.2. You agree to comply with the delivery requirements specified below and such other delivery requirements as made known by us to you when you place your Order or within a reasonable period after you submit your Order.
8.3. Products will only be provided to the person named on the Order and that person must provide proof of identity (including photographic identification) and age.
8.4 If the person identified on the Order as the recipient is not available at the premises or they appear to be intoxicated or are abusive, we will endeavour to contact you or you may contact us, to arrange a new delivery date and time. We may charge you an additional delivery fee for this.
8.5. We will not deliver Product to a person who is intoxicated, abusive or below the age of 18 years.
8.6. We will not do same day delivery of the Product if the Order has been placed after 8pm (AEST).
9.1. Pick-up Orders are available from the locations as shown on the Site. During the ordering process, you need to select a store from which you will collect the ordered Products. An estimated collection time and date will be displayed when you place your Order.
9.2. You agree to comply with collection requirements specified in this clause and such other requirements as notified by us when you place your pick-up Order or within a reasonable period after you submit your Order:
(a) you must collect your ordered Products from the store selected by you when you placed your Order;
(b) photographic identification and a signature must be provided when you collect your Order;
(c) your photographic identification will be recorded at the time of collection of your Order; and
(d) you are required to present your credit card for verification at the time of collection of your Order.
9.3. If you will not be the person collecting your Order then your representative must provide us with proof of their identity (including photographic identification) and, where relevant, age.
9.4. If you or your representative does not supply the appropriate identification, we will not allow collection of the products you have ordered.
9.5. You agree to ensure that the person collecting any tobacco, liquor or other relevant Restricted Products is over the age of 18 years or such other minimum age as prescribed by law. We will not allow collection of:
(a) alcohol or liquor Products to a person who is intoxicated, abusive or not of the appropriate legal age; and
(b) tobacco Products (including cigarettes) or other Restricted Product to a person that is not of the appropriate legal age.
We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms and conditions. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may not accept or cancel your Order. If you are unsure whether the person contacting you is from your selected store, please contact LMG Headoffice on (02) 9475 2333; or email, depending on your store, email@example.com, firstname.lastname@example.org, email@example.com or firstname.lastname@example.org.
11.1. Risk in the Products passes to you at the time of collection from a store unless Products are the subject of a delivery Order, in which case risk passes at the time they are delivered to you. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products; and
(b) for Pick-up Orders, collection of those Products from a store; or
(c) for delivery Orders, supply of those Products by us or our delivery service.
12.1. We may cancel any Order, or refuse to accept an Order, or part of an Order at any time (including any Orders that we have accepted or issued an invoice for) without any liability to you for that refusal or cancellation at any time if:
(a) the requested Products in that Order are not available;
(b) we are unable to process your payment;
(c) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or
(d) we reasonably suspect fraudulent or unlawful activity.
12.2. If we cancel an Order:
(a) in accordance with clause 12.1(a) or 12.1(c) we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount will be refunded to your original payment method or through an alternative means selected by us; or
(b) for any reason other than in accordance with clause 12.1(a) or clause 12.1(c): we will provide you with reasonable notice of that cancellation. In such an instance, if your Order is cancelled before the day of collection, then the full payment amount will be refunded to your original payment method or through an alternative means selected by us..
12.3. You may cancel an Order (whether it is accepted by us or not):
(a) for delivery by contacting Kracker Cellars (the store fulfilling your order) on (03) 9432 5075. Charges may apply for cancellation.
(b) if you cancel an Order that has been accepted by us:
13.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery fee provided to you at the time you place a delivery Order;
(c) any other fees and charges set out in these terms and conditions or as notified by us to you from time to time.
13.2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
13.3. The purchase price of each Product is shown on the product list on the Site at the time you place your Order. Discounts offered via the Site for Products (via coupon codes or otherwise) will only be applicable to Products (excluding tobacco) ordered via the Site (unless otherwise specifically advertised by the relevant store selected when placing your Order).
13.4. You acknowledge that:
(a) we are not required or obligated to match any prices for any Products, including matching any prices for a Product that is available through the Site at a particular store, at another store, or vice versa; and
(b) pricing displayed on the Site may differ depending on the collection store you have selected (for example, the price for a Product in one store may differ from the price for that same Product in another store).
13.5. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.
13.6. If a Product that you have ordered is not available and we have not provided you with a substitute, then we will provide you with a refund within 3-5 business days to your card of purchase to the value of the Products that were not supplied to you.
14.1. You must pay the fees and charges online using the online payment methods in clause 14.2.
14.2. We accept the following payment methods:
14.3. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.
14.4. You authorise the selected store to debit the amount that is payable for an accepted Order from your nominated payment method to pay for the fees and charges.
14.5. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
14.6. We will email you a tax invoice after you have placed your Order which specifies the total fees and charges for the Products in the Order.
15.1. You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
15.3. For pick-up and delivery Orders: if Products ordered by you are out of stock, we will endeavour to contact you to ask whether you wish to be provided with substitute Products of equal or greater value than the Products you selected. If:
15.4. If there are items missing from your collection or delivery, then you should check your receipt and contact Kracker Cellars (the store fulfilling your order) on (03) 9432 5075 within 24 hours after the collection or delivery time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not supplied to you, we will either resupply the missing item or a substitute acceptable to you, or provide you with a credit to your relevant account within 3-5 business days for the Products that were charged but not supplied to you.
16.1. If you wish to return a Product then you may:
(a) return the Product to the store from which you purchased the Product with your tax invoice; or
(b) if visiting a store is not convenient for you, or a store is not close to you, then please by contacting Kracker Cellars (the store fulfilling your order) on (03) 9432 5075 to make arrangements to return that Product.
16.2. If Products are returned due to:
16.3. The returns policy of the store from which you ordered the Product applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law.
(a) must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
(b) must notify us through LMG Headoffice on (02) 9475 2333 if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) must provide us with your date of birth to place an Order for a Restricted Product (for example, a Product that contains alcohol or tobacco) or where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;
(e) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(f) are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
(g) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
(h) should check the labels on the Products before consumption or use.
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
19.1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we deem that you have likely acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. We also reserve the right to otherwise cancel Orders in accordance with clause 12.
19.2. If we lock, suspend or delete your account under clause 20.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
You warrant that:
(a)all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person collecting the Products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order with us.
21.1. 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 are 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
21.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our potential liability under those provisions:
(a) you acknowledge that the Site and each Product is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products, services and the Site or the subject matter of this agreement to the maximum extent permitted; and
(c) we (and our related bodies corporate, agents, employees, officers and representatives) will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind).
21.3. Our liability (and any liability of our related bodies corporate, agents, employees, officers and representatives) to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether the liability arises in contract, tort (including negligence), under any statute or otherwise.
22.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account for any reason, including:
(a) if you breach these terms and conditions and:
(i) the breach cannot be remedied; or
(ii) you fail to the remedy the breach within 10 days of our notice to you of that breach;
(b) if it is required by law; or
(c) if there is an event or circumstances outside of our control which causes us to be unable to comply with all or a material part of our obligations, or results in us being unable to enforce our rights, under these terms and conditions.
22.2. You may stop using the Site at any time and for any reason.
22.3. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
22.4 We may terminate any Orders and will not be responsible or liable for failure to perform any obligation in connection with an Order or otherwise in connection with the use of the Site if such failure is caused by the occurrence of any matter beyond our control including, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
24.2. We grant you a temporary, non-exclusive licence to:
(a) store a reproduction of the content on this Site (in unaltered form) on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content on this Site (in unaltered form) for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use, other than for content where express notice is given to the contrary.
24.3. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
25.1. We may change these terms and conditions at any time, without notifying you and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process. If following any such change you continue to use the Site, then you will be deemed to have accepted those changes or modifications.
25.2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
26.1. The Site may contain links to external websites that are not operated by us or our related bodies corporate.
These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
26.2. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
26.3. This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
26.4 We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Site, including in relation to product descriptions or other content of this site is provided in good faith. However, we do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Site.
26.5 We do not accept responsibility for any interference or damage to your computer system, including loss of data or security breaches, which may arise in connection with your use of the Site or any linked website.
We are not responsible for reviews or comments left on this site by users and accept no liability for the accuracy, completeness or truthfulness of those reviews.
Emboldened terms used are defined in these terms and conditions. In these terms:
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
LoginID means the email address that you provided to us as part of the registration process to use the Site.
Order means any order for any Products submitted using the Site.
Product means each good or service that is advertised for sale on the Site.
Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as Products containing liquor, tobacco or sharp objects.
Site means the Bottlemart, Harry Brown, SipnSave and Thirsty Camel WA mobile phone apps and the websites located at shop.bottlemart.com.au, shop.harrybrown.com.au, shop.sipnsave.com.au and shop.wa.thirstycamel.com.au.