Terms & Conditions
Last Updated: 1 June 2023
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.nubilum.com.au website (the "Service") operated by Nubilum Distilling ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
PURCHASES
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your real name, date of birth, phone number, email address, credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and
(ii) the information you supply to us is true, correct and complete.
Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. It is a condition of purchase, and legal requirement, that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
LEGAL NOTICE
Nubilum Distilling supports the responsible service of alcohol. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. Same Day orders in VIC supplied under Liquor Licence LIQP770017717. All other orders supplied under Liquor Licence 57706364.
AVAILABILITY, ERRORS AND INACCURACIES
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Nubilum Distilling will store a record of your transactions for a minimum of three years.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Nubilum Distilling will be completed when the goods have been dispatched. The sale contract is therefore concluded in Victoria, Australia.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
All purchases are limited for personal use only and we reserve the right to cancel any orders deemed to be for the purposes of commercial resale.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
PAYMENT
Payment can be made by Visa, MasterCard and American Express cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Nubilum Distilling. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Nubilum Distilling, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Stripe secure online payment gateway that encrypts your card details in a secure host environment. With the combination of SSL encryption on our website and a secure browser at your end, we take all reasonable measures to ensure that your credit card and personal information are protected when you purchase online. We also recommend that you take appropriate security precautions when accessing the Internet via public Wi-Fi networks or shared computers.
DELIVERY
We utilise a network of courier companies that may change from time to time depending upon your location and the location of the supplier. In order to comply with liquor laws an adult over the age of 18 years must be present to accept the delivery and may be required to present appropriate identification. If you're not present at the time of delivery, the courier company may elect to leave the beers at your address or you may have to pick up from your local post office or alternative parcel pick-up point as notified by the courier company. You may provide specific delivery instructions, including authorisation for the beers to be left at your address, during the checkout process.
Your order may contain items from different suppliers and locations. If this is the case, your items will arrive separately and likely at different times.
RETURNS, EXCHANGES & REFUNDS
In the event you receive goods that are damaged or faulty, please contact us within 30 days of receiving your order and we will refund the value of the damaged goods. We reserve the right to require proof that the goods were damaged or faulty.
If you change your mind, you can return your order within 30 days and receive a full refund excluding shipping costs if you return the goods in their original condition to our warehouse. Refund claims greater than 30 days from expected delivery date will not be accepted. Please contact us to let us know to expect your return. Please see your shipping label for the address to return your goods. If you don't have your label anymore, please contact us. We may not accept returns if they are received damaged or incomplete.
Refunds will be debited onto the credit card used to make the purchase. We will seek to process your refund as quickly as possible, but please allow up to 3 business days for your refund to be processed.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are and will remain the exclusive property of Nubilum Distilling and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Nubilum Distilling. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You may view, download for caching purposes only, and print pages or resources from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not without prior permission:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public unless permission is granted;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Nubilum Distilling.
Nubilum Distilling has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Nubilum Distilling shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
CONTENT OF THIS SITE
We make no representation or warranty as to the accuracy or currency of information contained on this Site. We attempt to keep the information on this website up to date, and all possible care is taken to ensure information provided is complete, true and accurate. You acknowledge that the content on this site is subject to change at any time.
All prices quoted on this site are in Australian dollars, and include GST, unless otherwise indicated, and all prices should be used as a guide and may change from time to time.
INDEMNIFICATION
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Servuce or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
LIMITATION OF LIABILITY
You agree that this website is not intended to represent or provide legal or financial advice. Before relying on the information on this website, seek independent advice from a qualified lawyer or accountant. The information contained in this website is general information only and is provided purely for your convenience. The information has been provided without taking into consideration the personal circumstances of any user, and the information is not to substitute professional advice.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, which arises from your use of the Service or in reliance of any information on the website.
You have sole responsibility for adequate security protection and you will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Nubilum Distilling its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
TERMINATION
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Representations, guarantees, and warranties, other than those expressly set out in this document, are excluded, to the extent that is permitted under the Australian Consumer Law and any other applicable law.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
CONTACT US
If you have any questions about these Terms, please contact us.
Nubilum Distilling is registered in the State of Victoria.
You can contact Nubilum Distilling by email to kat@nubilum.com.au
ABN: 40 352 955 636