1.1. By using this website (located at jervisbaydistilling.com.au), any related websites or URLs, social media platforms owned or operated by us (Sites) and our services, including making a purchase through the Sites, purchasing a Subscription Service from us and use of our contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).

1.2. By agreeing to these Terms, you are entering into an agreement with Jervis Bay Distilling Co Pty Ltd trading as Jervis Bay Distilling Co. ABN 59 633 664 294 including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth), and agree to comply with any and all applicable laws and regulations, whether domestic or international.

1.3. By accessing or using our Services, you warrant and represent to us that: (a) you have read, understand and agree to be bound by these Terms; (b) you are over the age of 18 years old and are not attempting to, or actually, purchasing alcohol on behalf of a person under the age of 18 years old; and (c) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

1.4. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.

1.5. Our Goods may be purchased on an individual item basis or via a subscription service, in accordance with the terms below.

2. Use of the Services

2.1. You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your internet connection are aware of and compliant with, these Terms.

2.2. You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.

2.3. When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us. You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy 5.1.

You agree that any purchase of goods and services through our Services (Goods) is subject to these Terms. This clause 5 applies to any purchase of Goods via Subscription Services or any individual purchases of Goods.

Terms 3 – 4 relate to our Subscription Service which will be published at such time we offer this service.

5.1 Orders

5.2. An order is accepted upon the latter of the following to occur: (a) you have submitted your order; (b) you have paid the purchase price in full, including any taxes, duties and shipping costs; and (c) we have issued an order confirmation.

5.3. By placing an order, you are making an offer to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your order.

5.4. Jervis Bay Distilling Co. reserves the right to: (a) accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your order; (b) request identification from you, including photo ID or any other such documentation for verification purposes before we process your order; (c) cancel an order at any time, for any reason; or (d) restrict the quantity or total value of goods available for purchase to each person or address.

5.5. Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an order or provide a refund of the purchase price where applicable and Jervis Bay Distilling Co shall not be liable for any loss or damage whatsoever arising from such acts. Cancellations

5.6. Please note that you cannot cancel or amend an order once it has been placed (except as required by Australian Consumer Law).

5.7. In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by yourself as a direct result of the cancellation (including, but not limited to, any loss of profits).

6. Goods Product images

6.1. Whilst we have made every attempt to show textures, appearances and colours of our products as accurately as possible, product images may vary from the delivered Goods depending on your monitor, settings and computer equipment. Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description before making a purchase. Availability of Goods

6.2. All orders are made subject to availability. Whilst we use our best efforts to ensure that Goods are available for delivery, there may be some circumstances where Goods are unavailable.

6.3. Where we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order or reject part of your order on this basis.

6.4. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable goods. Alternatively, we may contact you to advise you of a delay in restocking a particular good and a delay in delivery of your order. In this case, you may elect to proceed with your order on the basis of a delayed delivery date, cancel your order or select an alternative good. If you do not vary or cancel your order within two (2) business days of notification, you are deemed to have accepted the delay.

6.5. We reserve the right to limit the sale of goods to reasonable or normal household quantities. Recalls and bans

6.6. If any Goods are subject to a recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Goods and you consent to us contacting you and you agree to inform any end-user of the Goods, including any gift recipient, of any recall applicable to such Goods.

7. Prices and payment

7.1. We reserve the right to vary, amend, add or remove payment methods, prices or goods offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made.

Prices

7.2. Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.

7.3. Prices of Goods, as well as delivery and any other charges displayed in our Services are current at the time of issue but may change at any time and are subject to availability.

7.4. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price. Payment

7.5. Full payment for the purchase of Goods is required at the time of placing your order, including the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.

7.6. Payment may be made by the methods and to the accounts specified or approved by Jervis Bay Distilling Co in writing.

7.7. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

9. Delivery and shipping

9.1. Shipping and delivery will be handled in accordance with our Shipping Policy.

9.2. Delivery of the Goods (Delivery) is taken to occur at the time that: (a) you, or your nominated carrier takes possession of the Goods at the Jervis Bay Distilling Co address; or (b) Jervis Bay Distilling Co (or Jervis Bay Distilling Co nominated carrier) delivers the Goods to your nominated address, even if you are not present at the address.

9.3. You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that you are unable to take delivery of the Goods as arranged, then Jervis Bay Distilling Co shall be entitled to charge a reasonable fee for redelivery.

9.4. Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Goods even if they are delivered on a different date or time. Jervis Bay Distilling Co will not be held liable for any loss or damage suffered as a result of any delay in delivery. However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.

10. Risk and title

10.1. If you or your freight company are collecting the Goods from us, risk of damage to or loss of the Goods and the collection passes on to you and you must insure the Goods on or before Delivery. If we are arranging delivery of the Goods, then risk and title of the Goods passes to you upon Delivery.

11. Promotions and discounts

11.1. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.

11.2. Jervis Bay Distilling Co reserves the right to:

(a) terminate, modify or extend any promotional offer at any time, without notice; or​ (b) cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

12. Termination

12.1. Without prejudice to any other remedies, Jervis Bay Distilling Co may: (a) cancel all or any part of any order or suspend or terminate the supply of Goods to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or (b) terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election.

12.2. If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Goods paid for but not supplied. To the maximum extent permitted by law, Jervis Bay Distilling Co will not be liable to you for any further loss or damage you suffer because Jervis Bay Distilling Co has exercised its rights under this clause or these Terms.

13. Intellectual Property

13.1. All text, graphics, user interfaces, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to Jervis Bay Distilling Co, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.

13.2. You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Jervis Bay Distilling Co.

13.3. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Jervis Bay Distilling Co intellectual property rights, whether by estoppel, implication or otherwise. Jervis Bay Distilling Co reserves all rights not expressly granted in the Services.

14. Privacy​

14.1. You agree to allow Jervis Bay Distilling Co to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.​

15. Unauthorised access and malicious materials​

15.1. You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services.​

15.2. To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.​

16. Third Parties​

16.1. Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links in the Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.​

17. Limitation of Liability​

17.1. To the maximum extent permitted by law, neither Jervis Bay Distilling Co, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:​ (a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;​ (b) any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;​ (c) any errors in, or omissions from, the information contained in the Services;​ (d) any goods or services supplied by Jervis Bay Distilling Co; or​ (e) these Terms or any breach of these Terms.​

17.2. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.​

17.3. To the maximum extent permitted by law, Jervis Bay Distilling Co liability under these Terms shall be limited to any one or more of the following:​ (a) the replacement of the Goods or re-supply of equivalent goods or services;​ (b) the repair of such Goods or services;​ (c) the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or​ (d) the payment of the cost of having the Goods repaired.​

17.4. To the extent permitted by law, Jervis Bay Distilling Co expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.​

17.5. This clause survives termination of these Terms.​

18. Disclaimer of Warranty​

18.1. Jervis Bay Distilling Co provides the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither Jervis Bay Distilling Co, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.​

18.2. We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.

19. Release and Indemnity​

19.1. You agree to release and indemnify and hold Jervis Bay Distilling Co and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from Jervis Bay Distilling Co, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.​

19.2. This clause survives termination of these Terms.​

20. Amendments and correction of errors​

20.1. Jervis Bay Distilling Co reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.​

20.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.​

20.3. Jervis Bay Distilling Co reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.​

21. General​

21.1. Waiver: Any failure or delay by Jervis Bay Distilling Co in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Jervis Bay Distilling Co from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.​

21.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Jervis Bay Distilling Co will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.​

21.3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.​

21.4. Relationship: These terms do not confer an agency, partnership, joint venture, employee- employer or franchisor-franchisee relationship between Jervis Bay Distilling Co and you or any other party unless expressly stated otherwise.​

21.5. Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.​

21.6. Jurisdiction: These Terms are governed by the laws of NSW, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.​

22. Responsible Service of Alcohol​

22.1. Jervis Bay Distilling Co supports the Responsible Service of Alcohol and complies with Australian state-based legislation and regulations in the sale and distribution of alcohol. We do not supply alcohol or liquor to persons under the age of 18 years and by agreeing to these Terms, you warrant and represent to us that you are over the age of 18 years and that you are not attempting to, or actually, obtaining alcohol on behalf of a person under the age of 18 years of age.​

22.2. Jervis Bay Distilling Co reserves the right to request and review evidence of you being over 18 years of age or otherwise being in compliance with any relevant legislation, including requiring that you provide any requested identity documents. You must, upon request, provide such evidence to Jervis Bay Distilling Co in order to proceed with any purchase of Goods or Subscription Services. Your offer to purchase any Goods or Subscription Services from Jervis Bay Distilling Co is subject to your compliance with these Terms, including this clause.​

22.3. Jervis Bay Distilling Co may terminate your access to the Services and cancel any orders you have placed or any Subscription Services you have purchased for any reason, including if it determines that you, or the person you nominate to accept delivery of the Goods, are under the age of 18, using fraudulent identification documents or you are unable to provide such identification documents upon request.​

22.4. All deliveries must be accepted by a person above the age of 18 years old with valid identification, such as valid drivers’ licence or passport. Please see our Shipping Policy for more information.​

22.5. Liquor licence number is LIQW880015550