Customer Terms and Conditions

  1. The Terms

1.1 These terms and conditions (the "Terms") set out the conditions relating to the creation and use of your account (the "Account") at our website - the BNE Marketplace (the "Site").

1.2 It is a condition of use the Site for opening an account and the purchase of Products, that you agree to these Terms.

1.3 As detailed in clause 19, we reserve the right to amend these Terms from time to time.  Whenever you wish to use the Site, please check these Terms to ensure you understand the Terms which will apply at that time.  These Terms were most recently updated on 23 December 2021.

  1. BNE Marketplace, you and your Account

2.1 In these Terms:

(a) "BNE Marketplace", "we", "us" or "our" means Brisbane Airport Corporation Pty Ltd (ACN 076 870 650), registered office at 11 The Circuit, Brisbane Airport QLD 4008;

(b) "Customer", "you" and "your" mean the individual establishing an account with BNE Marketplace or purchasing Products via the Site; and

(c) "Products" mean the items available from time to time for potential sale and supply via the Site.

2.2 To purchase Products and access some features of the Site you must create an account personal to you.  In creating your account you agree to provide us with personal information including your name, address, mailing address, email address and phone numbers.  For some restricted products such as alcohol you agree to provide additional information.  You must ensure that all personal information is accurate and current.

2.3 By establishing an account or ordering through our Site, you warrant that:

(a) You are legally capable of entering into binding contracts and are not subject to any legal capacity impediment;

(b) You are at least 18 years old and legally entitled to purchase the products you seek to purchase;

(c) Any information you provide to us is complete and accurate;

(d) You are resident in Australia and accessing our Site from Australia;

(e) You are purchasing Products in your individual capacity for personal domestic, non-commercial use.

2.4 We will provide you with a user name and password.  You are responsible for maintaining the confidentiality and security of accessibility codes, credentials and other security measures for your BNE Marketplace account and are responsible for all use and activity carried out under this user name.  Your content (not including credit card information), may be transferred unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

  1. Products and ordering Products

3.1 Any images or photographs of the Products that we put on our Site are for illustration only.  Actual Products available for purchase may differ in immaterial aspects from that shown.  We use reasonable endeavours to make sure the colours, sizes and details are displayed accurately but errors may occur.  In addition, we cannot guarantee that the way in which your computer displays these colours or details accurately reflects the Products made available by us.  The Products you receive may therefore vary slightly from those advertised.

3.2 Any packaging that we use to provide the Products to you may vary from any packaging indicated on our Site.

3.3 Our supply request process will permit you to check the Products you intend offering to purchase and amend any errors before submitting.  Please ensure that you read through your order request before submitting it.

3.4 Your order constitutes an offer by you to buy our Products on these Terms.  An order (offer) is placed with us by ordering via our online checkout process.  After placing an order, you will receive an email from us acknowledging that we have received your order and containing an order reference number and details of the Product(s) you have ordered ("Order Acknowledgement").  Please note that the Order Acknowledgement is acknowledgment that we have received your order and does not mean your order has been accepted by us.

3.5 All orders are subject to our acceptance of your offer to buy the Product(s) ordered.  We will only accept your offer (and form the contract of sale) when we send you an email confirming that the Product has been dispatched (a "Dispatch Confirmation").  Together with the Non-Excludable Term (explained in clause 4), the Order Form, Order Acknowledgement and Dispatch Confirmation, the provisions of these Terms and any other documents agreed specifically agreed between the parties constitute the contract between us for the sale of products purchased and to be delivered to you via the Site (the "Contract").

3.6 We may refuse to accept your order or reverse your order:

(a) Where the Product is not available for supply in a timely manner;

(b) Where we cannot obtain authorisation for your payment; or

(c) If you do not meet the eligibility criteria set out in sub-clause 2.3 above.

3.7 The Contract between you and ourselves will only be formed when we send you an email from marketplace@bne.com.au that contains the Dispatch Confirmation.

3.8 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

3.9 We do not accept orders from addresses outside Australia or where delivery is outside Australia.

  1. Your rights

4.1 The Products and services come with certain guarantees that cannot be excluded under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).  These guarantees provide:

(a) The Product is of acceptable quality when supplied to you;

(b) The Product is reasonably fit for the purpose that are specified and they respond to their description; and

(c) You will enjoy undisturbed possession to the Product subject to payment of the amounts and other obligations agreed to herein.

(d) Services are provided with due care and skill and within a reasonable time.

(e) Services provided are fit for the purpose save where we state that your intended purpose cannot be achieved.

4.2 You may be entitled to a replacement / resupply or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  You are entitled to a replacement / resupply 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.

4.3 Without limiting the foregoing, and to the extent permitted by law, all express and implied representations, conditions, warranties, guarantees or other provisions that are not contained in these Terms (whether based in legislation, the common law or otherwise) are excluded.

4.4 If any condition, warranty, guarantee or other provision is implied or imposed in relation to the Contract (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term(s)" as defined in paragraph 9.5), and BNE Marketplace is able to limit your remedy for a breach of such Non-Excludable Term, then BNE Marketplace's liability for such a breach of a Non-Excludable Term is limited to one or more of the following, at BNE Marketplace's option:

(a) in relation to goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(b) in relation to services, the supplying of the services against or the payment of the cost of having the services supplied again.

4.5 Manufacturers of the Products may provide warranties in addition to these warranties.  Nothing contained in the manufacturers' terms and conditions or warranty statements negates the operation of the Non-Excludable Terms.

  1. Transportation and delivery

5.1 Products purchased through the Site are for delivery in Australia to the address nominated in your Order save where:

(a) The address is subject to clause 22.3;

(b) The address is located in an Australian non-mainland territory; or

(c) The address is located in a remote area not serviced by regular Australia Post services.

In the event of clauses 5.1 (a) or (b)  applying, we will contact you to make other arrangements of decline the order.  Where clause 5.1(c) applies, then delivery will be in accordance with clause 5.5.

5.2 Delivery is made by:

(a) Australia Post parcel post, express parcel post; or

(b) Depending on your location within Australia, Parcel Point collection or a third-party courier.

5.3 The chosen delivery method will be specified on the Dispatch Confirmation.  All deliveries will receive a delivery tracking number from the delivery service provider. You may also receive
(a) SMS confirmation of your tracking number if you elect to include a valid Australian mobile number during checkout, allowing you to track the progress of your order by visiting the delivery service provider's website and following the prompts to input your tracking number; and/or
(b) an estimated date of dispatch and/or delivery from the delivery service provider, as is reasonably estimated by delivery service provider. The estimated delivery date is not a guaranteed delivery .

5.4 Subject to the limits in clauses 5.1, 5.5 and 22:

(a) We will arrange to deliver the Products to the delivery address you specify in your order.

(b) The delivery service provider may:
(i) deliver the Products using a contactless delivery service;
(ii) leave the Products unattended at your delivery address; or
(iii) require that you or your nominated authorised representative be present to accept and sign for the Products, during normal business hours (9am to 5pm, Monday to Friday), public holidays excluded. If there is not someone present at your delivery address to sign for and take delivery of the Products, a parcel collection card will be left at your delivery address and the Products will be delivered to your local Australia Post Office for your

(c) If you have not received the Product(s) or a parcel collection card within the estimated delivery time specified by the delivery service provider you should contact us via email to marketplace@bne.com.au.

5.5 BNE Marketplace limits its obligation to deliver in the following cases:

(a) Remote deliveries are subject to local transport schedules and may encounter extended delays.  Please note that that there are limitations on all courier networks and some remote delivery addresses will not be serviced door-to-door.  In these cases, the couriers will deliver to a local depot or Australia Post office and you will be contacted to collect your products.  Some remote locations such as islands can only be accessed by boat therefore normal shipping times do not apply.

(b) Delivery to restricted addresses or secured premises where the public is excluded from general access for any extended period of time such that delivery cannot be readily made.

5.6 Any dispatch dates and delivery dates that may be received are estimates only.  We will do endeavour to deliver within the estimated dates, but factors such as public holidays, access restrictions including weather events and peak delivery times may not allow this to always be possible.  If you are experiencing a longer than usual delay, please first enquire about your missing package at your local post office.

5.7 Any damaged or lost orders are subject to an investigation carried out by the courier company via BNE Marketplace.  This investigation can take up to 10 business days and investigations will be completed before we can take any further action into the whereabouts of the parcel.

5.8 Where an order size exceeds packaging restrictions, the order may be sent in multiple parcels with multiple tracking numbers.  Due to this the complete order may not arrive at the same time.

5.9 Except to the extent expressly set out in these Terms or otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the products to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.10 Sale of Products by BNE Marketplace and delivery of the Products does not include installation or operational support unless expressly specified for a Product on our Site.

  1. Risk and title

6.1 Ownership of the Products and responsibility for the same will only pass to you on the later of either:

(a) Delivery in accordance with these Terms; or

(b) When we receive full payment of all sums due in respect of the Products, including delivery charges.

  1. Price and payment

7.1 The price of the Products will be as quoted on our Site from time to time, includes GST at the current rates.  The Products are not offered for sale on a duty free basis.  Unless specified otherwise, the price quoted on our Site for Products exclude:

(a) carriage charges, including carrier handling and loading charges,

(b) intermodal transport / transfer costs,

(c) pre-shipment clearances, security clearances or other necessary regulatory charges in relation movement of the Products;

(d) discharge costs at point of delivery; and

(e) finance or payment fees imposed by a financial or other institution directly attributable to your method of payment; and

(f) if the cost to BNE Marketplace of performing its obligations is varied by any new or amended legislation, regulation, order, directive, by-law, licence or governmental or semi-governmental approval.  In the event of such variation, you will be notified and entitled to affirm the new price or receive a full refund of the price.

7.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

7.3 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

7.4 Payment for all Products:

(a) May be made either by credit or debit card and is collected on our behalf by Shopify Commerce Singapore Pte. Ltd.

(b) We accept payment by Visa, Mastercard, American Express, LatitudePay, ShopPay, GPay.

(c) A payment by credit or debit card will only be charged at or shortly after the Order Acknowledgement.  You must be authorised to use the relevant account, bank account or other account that you enter when creating a billing account on the Site.

(d) You must keep all information in your billing account current at all times. You can access and modify your account from the Site at any time including any billing details.

7.5 Where offered by us, a discount / coupon code may only be redeemed once for orders. These codes may not be used in conjunction with any other discounts.  Only one discount / coupon code may be used per order.

7.6 In the event that we do not receive payment for a Product, or you incur any debt to us in relation to a Product, we may, at our discretion, refer your debt to a debt collector (including a debt collection agency) to take recovery action.

  1. Returns policy

8.1 If a Product is to be returned to us pursuant to these Terms, the following process applies:

(a) Contact a BNE Marketplace Returns Representative by emailing marketplace@bne.com.au.  We will then inform you of the arrangements for collection of the Product to be returned to us.

(b) Please then email proof of your original purchase and any delivery documentation to marketplace@bne.com.au.

(c) If BNE Marketplace approves the request for collection of the Product from its location, we will arrange a time for the Product to be collected from your address listed in the Dispatch Confirmation.

8.2 You must return the Product:

(a) with all original components and accessories (including manuals, documentation, etc.); and

(b) in its original cartons and packaging or, if necessary, in packaging suitable to prevent damage to the Product.

8.3 We request that you retain proof of pickup, to be provided to BNE Marketplace upon request.

8.4 If you are returning the Product to us because you consider that the Product is faulty or damaged, we will assess the Product following collection from you.  Subject to clause 8.5, if:

(a) no fault is found, or the fault is found to be caused by you (see clause 8.5 below), the claim will be rejected and we will return the Product to you;

(b) we find a minor failure, we will most likely repair the Product and then return the Product to you; or

(c) we find a major failure, we will offer you your choice of a repair, replacement Product (where available) or a refund of any money paid by you for the Product.

We will then, in accordance with your instructions, either repair or replace the Product and deliver it to you or refund the price of the Product in full.

8.5 We will notify you of our assessment via email within a reasonable period of time and, usually within five (5) working days of when we receive the Product from you.

8.6 You have a legal obligation to take reasonable care of a Product while it is in your possession.  If you fail to comply with this obligation and return a Product to us, we may have a right of action against you for compensation.  When returning a Product to us we recommend you obtain a proof of posting.  In all cases, we reserve the right to inspect the Product and verify the fault.  For an exchange or refund, the Product must be in otherwise ‘as new’ condition and if possible with the original packaging.  We reserve the right to refuse a refund or exchange if the Product returned is unsatisfactory by reason of other than the breach of a guarantee.

8.7 We will usually process a refund due to you as soon as possible and, in any case, within thirty (30) days of confirming to you via email that you are entitled to a refund.

8.8 We will usually make any refunds using the same method originally used by you to pay for your purchase.

8.9 We do not cover faults caused by misuse, neglect, user physical damage, tampering or incorrect adjustment or normal wear and tear. Products sold on our Site are for domestic use only and are not for commercial use or resale.  Nor do we cover faults due to incorrect installation in your home.  Please do not remove the serial number.

8.10 This clause does not affect your statutory rights.

  1. Liability

9.1 We sell the Products to you entirely for your private non-commercial use.  You agree that you will not use the Products for any commercial, business or re-sale purposes unless otherwise agreed with us in writing.

9.2 We will be liable for a failure to comply with these Terms where the breach is one that is contemplated by us both at the time that a Contract is formed in respect of any particular Product order and arises from our breach but not where the loss or damage is not of a type which was contemplated at the time of the Contract.

9.3 Subject to our obligations under the Non-Excludable Terms, nothing in these Terms shall render us liable to indemnify you in respect of any liability of any kind incurred by you to any other person but this is not an exclusion of any liability that may arise by virtue of a breach by us of these Terms or any negligence on our part or that of our employees or agents.

9.4 Subject to our obligations under the Non-Excludable Terms, we will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by both you and us when you commenced using the Site or Site or when a Contract was formed.

9.5 Nothing in these Terms excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation by us;

(c) any breach by us of the obligations implied by the Australian Consumer Law;

(d) defective products under the Australian Consumer Law;

(e) any deliberate breaches by us of these Terms that would entitle you to terminate the Contract; or

(f) any other matter in respect of which it would be illegal for us to exclude, or attempt to exclude, our liability

all of which are defined as a "Non-Excludable Term"

9.6 Subject to clauses 9.5 and 9.7, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

9.7 Subject to clause 9.5, we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of management or office time.

However, this clause 9.7 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by the categories in sub-clauses 9.7(a) to 9.7(f) inclusive.

  1. Use of information

10.1 Any personal information that we may collect from you on our Site, whether on online forms or as part of the ordering process, will be dealt with in accordance with our Privacy Policy https://www.bne.com.au/passenger/privacy-policy.

10.2 Your data protection and privacy rights are set out in our Privacy Policy. You agree to the use of your personal information and data in accordance with our Privacy Policy.

  1. Site access

11.1 The Site incorporates information and content, which may be in the form of text, graphic, audio, video, downloads, links, source codes, copyrights, trademarks, and information about Products ("Content") which is the proprietary property of BNE Marketplace.

11.2 BNE Marketplace has invested money, time, and effort to develop the Content and retains all rights, including intellectual property rights, to the Content. BNE Marketplace does not grant you any license or property rights in relation to the Content.

11.3 The Content is published on the Site for your personal reference. You must not download, copy, use, reproduce or reference any Content for business or commercial purposes.  You may download, copy, reproduce or store the Content and establish links to the Site from your own website or from within your documents, but only where you do so for personal use.

11.4 BNE Marketplace does not warrant the accuracy, completeness, or reliability of the Content (including Product information), or other items contained on this Site or any other website operated by BNE Marketplace.

12 Site usage

12.1 Your licence to access the Site account and purchase Products, is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice.  Subject to the mandatory operation of the Non-Excludable Term, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.

12.2 From time to time we may restrict access by any one user, groups of users or all users to parts of the Site and/or to our entire Site without notice.

12.3 You must treat any user name, password or any other piece of information provided as part of our security procedures as confidential and not disclose it to any third party. We reserve the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if (in our opinion) you fail to comply with these Terms.

12.4 You are responsible for making all the arrangements necessary to have access to the Site. You are also responsible for ensuring that persons who access the Site through your internet connection are aware of these Terms and comply with them. Please notify us as soon as possible in writing if you become aware that activities on your account are unauthorised or you have become aware that your account details have been compromised.

12.5 While we will make reasonable efforts to ensure that the information on the Site is correct, the material displayed on it is provided without any guarantees, conditions or warranties as to its accuracy, including, but not limited to, information about the Products and prices described on it.

12.6 The availability of the Products which are the subject of your order will be determined by the Product description displayed on the Site at the time of placing your order. We will make reasonable efforts to ensure that any Product description is a fair representation of the actual Products offered.

12.7 We reserve the right to suspend, modify or amend the Site, including the Site and/or the Products offered, at any time.

  1. Site misuse

13.1 You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site, or attack the Site via a denial of service attack, distributed denial of service attack or other similar means.

13.2 We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Site or downloading any material posted on it or any website linked to it. You agree to access and use our Site at your own risk.

  1. Written communications

14.1 Applicable laws require that some of the information or communications we send to you should be in writing.  When using our Site, you accept that communication with us will be mainly electronic.  We will contact you by email or provide you with information by posting notices on our Site.

14.2 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  1. Transfer of rights and obligations

15.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.

15.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

15.3 Subject to:

(a) Ensuring completion of existing accepted orders;

(b) Your accrued rights; and

(c) Twenty days' prior notice in writing;

we may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.  Upon receipt of the notice in writing, subject to any accrued obligations, you may terminate this Contract within 21 days of our notice to you.

  1. Event beyond control

16.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as described in clause 16.2 below).

16.2 An "Event Outside Our Control" means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, supplier or sub-contractor failure, subsidence, epidemic, pandemic, quarantine, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, or other natural disaster or failure of public or private telecommunications network, governmental acts or omissions, changes in laws or regulations, impossibility of the use of public or private transport or generalized lack of availability of raw materials or energy.

16.3 You and we acknowledge that while current events related to the COVID-19 pandemic are known, future impacts of the outbreak are unforeseeable and shall be considered an Event Outside Our Control to the extent that they prevent the performance of our obligations under the Contract.

 

16.4 If the Event Outside Our Control occurs that affects the performance of our obligations under a Contract:

(a) We will notify you as soon as possible;

(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

(c) We reserve the right to defer the date of delivery of the Products or to cancel the delivery of the Products in the case of any Event Outside Our Control or which is beyond our reasonable control and which prevents or hinders the delivery of the Products.

  1. Waiver and continuance

17.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

17.3 No waiver by us of any of these terms and conditions contained in these Terms or in a Contract will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

17.4 Any obligations in these Terms which are of a continuing nature or which are not fully satisfied and discharged on fulfilment or termination of an Order, will continue to apply.

  1. Severance

18.1 If any court or competent authority decides that any of the provisions in these Terms or any provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

  1. Amendment to Terms

19.1 We have the right to revise and amend these Terms from time to time by posting them on the Site.  Amendments are usually made to reflect changes in law, the ways in which we accept payments from you and to accommodate changes to the way Products are supplied, however, these Terms may also be amended for any other reasonable reason in our discretion.

19.2 You will be subject to the Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to these Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).

  1. Governing law

These Terms are governed by and shall be construed in accordance with the laws of Queensland and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland in respect of any dispute arising out of These Terms and/or any Contract for the purchase of Products through the Site.

  1. Entire agreement

We intend to rely upon these Terms, your order, BNE Marketplace acknowledgement of order together with the Dispatch Confirmation in relation to the subject matter of the Contract.  While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

  1. Supply of restricted goods / Deliveries of risk goods / restrictions on venues

22.1 Where the Products comprise products regulated by The Liquor Act 1992 and Wine Industry Act 1994:

(a) When placing the order, you will be required to provide your date of birth and address of delivery;

(b) The person receiving the Products at the delivery address must show photo ID and must be aged 18 or over;

(c) Liquor must be signed for at the time of delivery, will not left at unoccupied premises and will not be delivered on the same day the order is received;

(d) You will see prominently displayed our licence number in advertisements and published information;

(e) We will not sell or supply these Products:

(i) For delivery to areas or to persons where the supply of liquor is prohibited or restricted;

(ii) The supply is contrary to The Liquor Act 1992 and Wine Industry Act 1994, the provisions of our liquor licence or codes and standards applicable to the advertisement, sale and supply of that liquor

22.2 Where Products offered on the Site comprise items governed by mandatory operation of legislation, regulation, by-law, permits, health and safety requirements or other governmental / semi-governmental controls for all or certain classes of individuals, you will provide the necessary proof of compliance and warrant that you are entitled to purchase the same including but not limited to:

(a) Any drugs, medicines or therapeutic substances;

(b) Hazardous or dangerous goods including oxidising substances and organic peroxides; or

(c) Intellectual property and regulated cultural items.

22.3 Some products are classed as dangerous goods including flammable products include, but are not limited to, perfumes, fragrances, colognes & aerosols.  Delivery of these items may be restricted to road freight as the means of delivery.  Dangerous goods are items that can cause problems during transportation, i.e. explosive, flammable or corrosive are prohibited from being shipped by air.  Delivery for parcels containing dangerous goods will only be made in accordance with The Dangerous and Prohibited Goods Packaging Guide published by Australia Post.

22.4 Orders for Products that are subject to this clause cannot be sent to a PO Box address, it must delivered be your physical address included in the order.

22.5 The estimated delivery date for bulky and flammable items depends on your delivery address, and is calculated from the time of dispatch of your order, not from the time the order was placed.