TERMS & CONDITIONS
Website Terms and Conditions
This Website is owned and operated by 5 O’Clock Somewhere Pty Ltd (we, us and our).
By using our Website, you agree to be bound by these terms and conditions (these Terms).
If you do not agree with these Terms, do not use our Website.
The sale of liquor via our Website is made under South Australia Liquor Licence No. 5140990 (Direct Sales Licence).
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.
Placing Your Order
Our fees are displayed in Australian dollars and inclusive of GST.
We reserve the right to change our prices at any time. However if you have already placed an order, then the price that applied at the time of placement will apply to that order.
We will only accept orders via our Website where payment is made at the same time.
By placing an order on our Website, you:
are irrevocably offering to purchase the liquor listed in your order;
warrant that you are 18 years of age or older; and
warrant that any person on whose behalf you are purchasing liquor is 18 years of age or older.
We may require you to provide proof of age to us prior to filling your order.
We may accept or reject your offer to purchase at our discretion.
If we accept your offer to purchase, you will be bound to purchase the goods ordered. You cannot cancel an order except with our consent, which we can withhold at our discretion.
Shipping & Delivery
We use the services of a delivery agent to deliver the goods to you. We will not be responsible and we will have no liability to you if delivery is not made within the time requested or represented on our Website.
Orders placed via our Website cannot be shipped to any address outside of Australia. Please contact us directly on +61 8 8323 8623 if you require international shipping.
We can only deliver liquor where a person of 18 years of age or older is present to receive the delivery. No delivery will be made if there is no person of 18 years or older available to accept the liquor, and you will be responsible for all costs associated with the re-delivery of the goods.
If we (or our agent) have attempted to make delivery of the goods and have been unable to do so, we may refund to you the amount paid for the goods less all reasonable costs that we have incurred in attempting to make delivery.
If we are unable to fill your order for any reason (other than the inability to deliver as outlined above), we will: notify you via email as soon as possible; and refund to you the full purchase price within 5 business days of notification.
If the goods delivered to you are faulty, damaged or do not match the description of the goods that you ordered, then we will refund the purchase price to you or exchange the goods for goods of equal value at no additional charge, provided that you are able to produce proof of purchase if required.
If we require you to return goods to us in order to receive the refund or exchange, we will arrange for the collection of those goods from you at the delivery address, free of charge.
We reserve the right to inspect the goods to determine the cause of the fault or damage. If we determine that the fault or damage was not caused by us, acting reasonably, then we may refuse to refund or exchange the goods.
We are under no obligation to provide a refund or exchange of goods in the event that you change your mind.
You may use our Website as a registered user.
By becoming a registered user, you agree:
to ensure that your registration details are true and accurate at all time;
to update your registration details when they change.
You are only permitted to be a registered user if you are 18 years of age or older. By applying to become a registered user, you warrant that you are 18 years of age or older.
We may require you to provide mandatory information in order to become a registered user and we may require additional information at any time.
You will be responsible for maintaining the confidentiality of your user name and password associated with you as a registered user. You will be liable for any breach of privacy arising from unauthorised access to our Website that is caused by or connected with your disclosure of your user name or password.
You will be responsible for all fees and charges incurred as a registered user arising from access to your account using your user name and password, irrespective of who has accessed your account.
Your registration is not transferable.
We reserve the right to terminate your registration as a registered user of our Website at any time whatsoever and without explanation to you.
Contents of Site
Our Website may contain hyperlinks to other websites from time to time. These links are provided for information and convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website.
Unless otherwise indicated, any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services and/or goods which they provide.
We do not permit the linking of our Website without our prior consent. We reserve the right to serve you with notice to cease if we become aware of such linking.
Subject to our obligations under the Australian Consumer Law, we:
make no representation or warranty that the information provided on our Website is timely, 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 or material provided on our Website, or for any incorrect or misleading information provided on our Website.
The copyright to all content on our Website, except for material posted via embedded third party websites and links to other websites, belongs to us or we hold rights to use such contents (the Content).
Your access to our Website does not grant you a licence to use any of the Content in any commercial manner without our prior consent.
Except for the Content that is stored in your computer or device’s cache or a single permanent copy of the Content for your personal use, you must not:
modify, copy, transmit, distribute, display, reproduce, publish or license any of the Content;
use or attempt to use any of the Content to create any website or publication;
mirror any page within our Website; or
use any automated process of any sort to query, access or copy any of the Content or generate or compile any document or database based on the Content.
We may correspond with you by email. As you are aware, email is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission and to release us from any claim you may have arising from transmission defects.
Whilst we take all due care in publishing our Website and providing the goods, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
We do not accept any liability for any interference with or damage to your computer system, software or data occurring in connection with or relating to our Website or its use. You should take all appropriate and adequate precautions to ensure that whatever is selected from our Website is free of viruses or other contamination that may interfere with or damage your computer system, software or data.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded.
Limitation of Liability
To the fullest extent permitted by law:
our liability for breach of an implied warranty or condition is limited to the supply of the goods again or payment of the costs of having those goods supplied again;
we are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of our Website, the Content or the goods; and
we accept no liability for any loss whatsoever including consequential loss suffered by you arising from goods we have supplied.
Nothing in these Terms affects your consumer right to remedies for faulty goods under the Australian Consumer Law.
By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Website.
We reserve the right to amend these Terms at any time. Your use of our Website following any amendment will represent your agreement to be bound by these Terms as amended.
If any of these Terms is determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term will be severed and the remaining Terms will survive and remain in full force and effect and continue to be binding and enforceable.
Our rights and remedies under these Terms cannot be waived except in writing signed by us. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of our other rights.
These Terms are governed by and construed in accordance with the laws of the State of South Australia and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.
We may terminate your right to access and use our Website at any time if you breach these Terms.
Any dispute that arises out of these Terms must first be referred to us for resolution, by providing us with a notice to [email protected] containing a summary of the issues and your proposed resolutions. We will do our best to resolve this dispute by discussion with you within 5 business days of being notified. If we are not able to resolve the dispute in that time frame, then it may be referred to a court of competent jurisdiction.