Sales Terms and Conditions

 

1       Acceptance

(a)    This website (Site) is operated by We Are Tailored Pty Ltd (ABN: 90 607 651 267) (we, our or us), the holder of Victorian renewable limited liquor licence number 36145230. The site is available at: https://www.wearetailored.com.au/ and may be available through other addresses or channels.

(b)    By accessing and/or using the Site you:

(1)         warrant to us that you have reviewed these terms and conditions, including our Website Terms of Use (available on the Site) (Terms) and you have read our Privacy Policy (available on the Site);

(2)         warrant to us that you are at least 18 years old;

(3)         warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and

(4)         agree to use the Site in accordance with the Terms.

(c)     You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.

2       Registration

(a)    You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history, receive product updates, special offers and be notified of product launches. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(b)    When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details and if you choose to create an account, you will choose a username and password. You will also be required to verify that you are at least 18 years old. If you do not confirm that you are at least 18 years old, your order will not be processed.

(c)     It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

3       Orders

(a)    You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.

(b)    We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(c)     Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(d)    It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

(e)    When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered .

(f)     Please be aware that some or all of the products sold through the Site are not be suitable for children under 18 years old.

(g)    Under Australian laws, alcohol can only be sold or supplied to persons at least 18 years old. By placing an alcohol order with us, you confirm that you are at least 18 years old. You agree that it is your responsibility to consume alcohol responsibly and in accordance with the law.

4       Price and payments

(a)    You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the product price.

(b)    You must pay the Price using one of the methods set out on the Site, such as Shop Pay, PayPal, debit card or credit card.

(c)     You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

(d)    If we offer payment via a third party payment processor, such as Shop Pay or PayPal, the payment may be subject to Shop Pay or PayPal’s terms and conditions (available via: for Shop Pay see https://shop.app/terms-of-service or for PayPal see https://www.paypal.com/au/webapps/mpp/ua/useragreement-full).

(e)    We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

(f)     If you are a Northern Territory resident or ordering products for delivery to the Northern Territory, the listing of a product on the Site does not constitute an offer to sell that product to you for that price. Prior to any offer or acceptance, additional price checks will be completed and the price of the product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation, which may change the final Price calculation for your order.

5       Availability and Cancellation

(a)    All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(b)    We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. [You  may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.]

6       Delivery, Title and Risk

(a)    If possible, we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide (unless our delivery company does not deliver to your area) and if we cannot deliver to you, we will notify you as soon as practicable. We do not currently ship internationally.

(b)    You, or your authorised representative, or the recipient of a gift or their authorised representative, must be at the delivery address to accept delivery. If no one is home, our delivery partners will take the products to the nearest parcel locker or Australia Post office.

(c)     Delivery costs are set out on the Site.

(d)    We may deliver the products using a range of third party delivery providers, such as TNT or Australia Post. You may need to sign for some deliveries.

(e)    We normally dispatch products within 48 business hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(f)     If you need to change the delivery date or delivery address, you agree to notify us immediately in writing and you acknowledge that although we will take reasonable steps to comply with such a request, we may be unable to do so (including where our third party delivery provider rejects such a request).

(g)    You acknowledge that our delivery providers may request reasonable evidence that any person taking possession of any products purchased from our Site is at least 18 years old, and that our partners may refuse to hand over the products without such evidence.

(h)    In certain circumstances we may not deliver your order, including because any likely recipient appears to be under the influence of alcohol or drugs, under the age of 18 years, or acting on behalf of someone who it may be unlawful to provide the products to.

(i)     The recipient must sign a declaration confirming and provide proof of identification that they are at least 18 years old the first time that we deliver to you. If the recipient looks to be under 25 years of age on any subsequent delivery, the recipient must provide proof of identification, including their name and date of birth, indicating that they are at least 18 years old.

(j)     You acknowledge that due to the nature of our products, authorities may seize, impound or levy additional taxes, duties or fees on our products.

(k)    Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(l)     Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.

7       Returns

(a)    If there are any issues with the products you receive, please contact us immediately with details of the issue and any accompanying photos or descriptions. You can contact our customer service team at the address below, and the team will endeavour to assist you and rectify the issue.

(b)    If you have received the incorrect products, please do not dispose of or tamper with the products, and instead contact us immediately, and we will arrange for replacement products to be sent to you. We will pay the postage fees for the incorrect products to be sent back to us, provided that the products and their packaging have not been opened or tampered with.

Change of mind returns

(c)     We do not accept returns for change of mind or other circumstances.

Australian Consumer Law

(d)    Where you return products to us to seek an Australian Consumer Law remedy, upon request, you will need to provide us with evidence of the purported failure, to allow us to assess the failure. If required following this assessment, you may return the products to us, and you will need to cover any associated costs (for example, delivery costs) of you returning the products to us. In certain circumstances (such as where products are broken at the time they are delivered), products may not need to be returned to us to validate a claim under the Australian Consumer Law.

(e)    Where your claim is valid under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a repaired or replacement product or refund you the Price of the relevant product.

(f)     Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

8       Intellectual property

(a)    All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.

(b)    You must not, without our prior written consent:

(1)         copy or use, in whole or in part, any of our intellectual property;

(2)         reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3)         breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

9       Limitations

(a)    You acknowledge that we supply alcoholic products, and that:

(1)         excessive consumption of alcohol may result in a serious and ongoing health risk;

(2)         you may not resell the products we supply in any circumstances;

(3)         it is illegal to supply alcohol to minors and you agree to not do so; and

(4)         there are inherent risks in relation to the consumption of alcohol, including decreased awareness, cognitive and motor skills.

(b)    Despite anything to the contrary, to the maximum extent permitted by law:

(1)         our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, us resupplying the products to you or, in repaying you the amount of the Price paid by you to us in respect of the supply of the Products to which the liability relates; and

(2)         neither party will be liable to the other party for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; and

(3)         a party’s liability under or in connection with the Terms will be reduced to the extent caused or contributed to by the acts or omissions of the other party (or any of its personnel) (including a failure to take reasonable steps to mitigate); and

(4)         if either party is delayed in performing or is unable to perform an obligation under the Terms (other than your obligation to pay the Price), it agrees to notify the other party in writing, and the party will not be liable to the other party for such delay or failure if and to the extent the delay or failure is caused or contributed to any event or circumstance beyond its reasonable control.

10    Collection Notice

(a)    We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.

(b)    We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c)     Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

(d)    By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

11    General

(a)    Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b)    Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c)     Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d)    Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(e)    Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

(f)     Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(g)    Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(h)    Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(i)     Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(j)     Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(k)    Governing law: These Terms are governed by the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

 

For any questions and notices, please contact us at:

We Are Tailored Pty Ltd (ABN: 90 607 651 267)

Email: brooke@wearetailored.com.au

Last update: 20 April 2021

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