Terms & Conditions

1. These Terms & Conditions govern your use of www.schnapps-idea.com (Website) and the purchases you make through it. By using the Website, you agree with Schnapps Idea Distillery Pty Ltd to be bound by these Terms & Conditions. If you do not accept these Terms & Conditions, you must refrain from using this Website.  Schnapps Idea Distillery Pty Ltd supports the Responsible Service of Alcohol. All online liquor sales are processed by Schnapps Idea Distillery Pty Ltd (ABN 42 664 522 356) under Liquor Licence no. 36312382 (VIC).

2. Schnapps Idea Distillery Pty Ltd sells its products within Australia. All services provided by Schnapps Idea Distillery Pty Ltd, including any services provided through this Website and at Schnapps Idea Distillery Pty Ltd venues are governed at a minimum by these Terms & Conditions and by all other specific policies or terms and conditions (Additional Terms) of Schnapps Idea Distillery Pty Ltd identified on the Website from time to time. If there is any inconsistency, ambiguity or conflict between these Terms & Conditions and any Additional Terms, the Additional Terms shall have precedence to the extent of any inconsistency.

3. Schnapps Idea Distillery Pty Ltd may revise these Terms & Conditions at any time by updating them on this Website. As you are bound by the most current version of these Terms & Conditions, each time you use this Website you should check these Terms & Conditions from time to time.

4. We encourage you to also refer to the Schnapps Idea Distillery’s Privacy Policy and Collection Statement, which govern how we collect, use and disclose your personal information (Personal Information).

Website

5. The information on this Website, such as the availability and description of Schnapps Idea Distillery products and merchandise, the availability and description of third party products and merchandise, all event information including any promotional information, or delivery information may change from time to time without notice. While Schnapps Idea Distillery endeavours to keep the information on this Website accurate and up to date to the extent allowed by law, Schnapps Idea Distillery assumes no responsibility for, and offers no warranties or representations regarding, the accuracy, reliability, completeness or timeliness of the Website (including the representativeness of images of products and packaging). In particular, features of and information about third party events, products or services may change from time to time. All prices shown on this Website are in Australian dollars.

Orders and deliveries

6. You may purchase goods on this Website including Schnapps Idea Distillery products and merchandise and third party products and merchandise by selecting and placing your order through this Website in accordance with these Terms & Conditions and any applicable Additional Terms. Each purchase or request for purchase of Website Products are subject to these Terms & Conditions. Website Products are limited to the products available for purchase on this Website.

7. Purchase may only be made through this Website by using one of the valid payment methods indicated at the point of purchase (Payment Method). Any order placed through this Website for any products advertised on this Website is an offer by you to purchase the products for the price (including postage, packaging and any other applicable charges and taxes) notified to you at the time you place the order. Schnapps Idea Distillery retains the right to refuse any offer made by you. All orders are subject to Schnapps Idea Distillery’s acceptance and availability and confirmation of price.

8. Schnapps Idea Distillery may record all details of and incidental to orders made through the Website. Schnapps Idea Distillery records may include details of the forms of age verification required, credit card details (depending on the nature of the order(s) made and the payment method used via Schnapps Idea Distillery secure payment system) and the taking of photographs. Schnapps Idea Distillery will only use or disclose such records for reasonable purposes, which may include: proof of delivery, administration and record keeping requirements for compliance with liquor licencing laws, or in co-operation with law enforcement.

9. By placing an order with Schnapps Idea Distillery, you confirm that all information (including delivery address and payment information) that you have provided in completing the order is true and correct. You warrant that you are an authorised holder of the Payment Method (and any related credit or debit card, bank account or other value account linked to your Payment Method) used to complete the transaction, and that the nominated Payment Method will cover the full cost of the goods. By placing an order with Schnapps Idea Distillery, you authorise us to debit the amount payable from your Payment Method (and/or any related credit or debit card, bank account or other value account linked to your Payment Method). If we are unable to successfully process your Payment Method to fulfil your payment, we may notify you of the dishonour and cancel your order.

10. Words or expressions used in these Terms & Conditions that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act. Unless otherwise stated, all prices are inclusive of the Australian Goods and Services Tax (GST) and you acknowledge and agree that GST will be automatically applicable to each order placed. Delivery costs will be charged in addition to all prices, such additional charges being clearly displayed where applicable and included in the ‘Total Cost’ (to the extent that Schnapps Idea Distillery is reasonably able to determine delivery costs in advance).  Delivery costs may vary from the amount stated due to the ultimate destination of the order or other variables beyond Schnapps Idea Distillery’s reasonable control.

11. Schnapps Idea Distillery may replace or vary any Website Product prices from time to time prior to the placement of any order for Website Products made by you. Schnapps Idea Distillery will issue a tax invoice for each taxable sale of Website Products made to you.

12. All orders are subject to Payment Method approval and billing address verification. This includes orders associated with the same name, email address, billing address, credit card number or other information. After processing, please contact Schnapps Idea Distillery in accordance with the Order Query clause below if you have any questions regarding your order.

13. 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, and you must confirm that you are 18 years of age or over before your order will be accepted. Schnapps Idea Distillery reserves the right to require satisfactory proof of age prior to accepting an order.

Delivery

14. You must select a shipping option, the price of which will be shown on checkout. Deliveries cannot be made to PO boxes. You agree that we may rely on any person who is at the address you gave for delivery, who is over the age of 18, and who takes receipt of your ordered products, as being authorised for that purpose. If you have provided incorrect or out-of-date details, you agree that Schnapps Idea Distillery shall not be held liable for delivery to the address notified to Schnapps Idea Distillery. Schnapps Idea Distillery may have regard to any delivery instructions (at point of delivery) provided by you, but does not accept responsibility or obligation to carry out such instructions.

15. You will own the goods once they have been paid for and sent by us to you, and you will therefore be responsible for all risks of whatever nature that arise once the goods have been dispatched in good order by us to you.

16. Once your order is accepted and payment is processed, your order will be dispatched from our warehouse. Standard shipping to metro addresses takes between approximately 1 to 7 days, based on our delivery provider. Express shipping to metro addresses takes between approximately 1 to 3 days, based on our delivery provider. Shipping to regional locations may take longer, based on our delivery provider.

17. While Schnapps Idea Distillery and its delivery providers use all reasonable endeavours to deliver within its expected timeframes, Schnapps Idea Distillery does not warrant such time frames and does not accept liability for any loss resulting from late delivery, including delays caused by epidemic or pandemic. Delivery times are subject to postal carrier transit schedules and schedule variations and Schnapps Idea Distillery is not responsible for any carrier delay arising for any reason whatsoever.

18. Schnapps Idea Distillery may not fulfil delivery of your order for reasons outside of our reasonable control, or if we consider that the recipient of the order is unsuitable for any reason, including because the likely recipient of the products appears to be under the age of 18. In these circumstances, we will attempt to arrange a redelivery or issue a refund.

Refunds and cancellations

19. Schnapps Idea Distillery is not required to provide a refund or replacement for a change of mind. We will, however, provide a refund or an exchange if a product is faulty or where the product:

20. Has a problem which would have stopped you from purchasing the product had you known in advance

1. Is unsafe

2. Is significantly different from the description or sample

3. Does not do what’s expected or what you’d requested and is not fixable

21. If the problem is none of the above and the problem is fixable, we reserve the right to fix the product within a reasonable time. If it is not fixed within a reasonable time, you may return the products to us and choose a refund or replacement.

22. Photo evidence may be requested. In the case of breakage, we may need to consult with the shipping agency and there may be some delay

23. If returning your product for a refund or exchange, please return the products to us in the original packaging if possible.
    
    To organise and arrange a return or replacement, please contact Schnapps Idea Distillery at prost@schnapps-idea.com

Please keep a copy of your receipt for proof of purchase

Intellectual Property

24. All materials on the Website, including but not limited to artwork, photographs, graphics, data, text and trademarks (Content), are owned by or licensed to Schnapps Idea Distillery and are subject to copyright and other intellectual property rights. Content is protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted, and may not be used except as permitted in these Terms & Conditions or as indicated on the Website.

25. The use of Content by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms & Conditions or specific permission is provided elsewhere on the Website or specific permission is obtained from us or the third-party owners. Any unauthorised use of images and logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes.

26. Schnapps Idea Distillery reserves all other rights to the Content. You acknowledge that you do not acquire any ownership rights by printing, copying or distributing any Content from the Website.

27. You may not modify or copy the layout or appearance of this Website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

28. You agree not to circumvent, disable or otherwise interfere with security related features on the Website.

29. If you correspond or otherwise communicate with Schnapps Idea Distillery, you automatically grant to Schnapps Idea Distillery an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products and services.

30. Schnapps Idea Distillery appreciates any suggestions you may have regarding ways in which Schnapps Idea Distillery’s Website Products and this Website may be improved, or suggestions for materials which may be added to this Website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Schnapps Idea Distillery. Schnapps Idea Distillery may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

Outside links

31. The Website may contain links to third-party sites. Schnapps Idea Distillery provides these links as a convenience and does not endorse the companies or contents of any such sites. Schnapps Idea Distillery has no control over, is not responsible for, and makes no implicit or explicit representation or warranty and disclaims to the extent permitted by law all liability with respect to any such site, any content on any such site (including its accuracy, validity, or legality) or any such site’s privacy practices. You agree that you use such third-party sites at your own risk.

Warranty and liabilities

32. Schnapps Idea Distillery Website Products come with guarantees that 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 Website Products repaired (where appropriate) or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law. These Terms & Conditions and any Additional Terms do not restrict or modify the rights and remedies to which you may be entitled to under the consumer guarantee provisions of the Australian Consumer Law.

33. Without displacing the operation of the Australian Consumer Law and to the extent permitted by law, this Website and all Content is provided “as is” and Schnapps Idea Distillery disclaims all warranties, express or implied, of any kind, including warranties of merchantability or fitness for a particular purpose and non-infringement. You agree that you use the Website at your own risk.

34. Schnapps Idea Distillery makes no representations that this Website will operate error-free or that the Website, its servers or the Content are free of viruses or similar harmful features.

35. To the extent permitted by law, under no circumstances shall Schnapps Idea Distillery be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, lost profits, lost data or business interruption) that result from the use of, or inability to use this Website or the Content even if Schnapps Idea Distillery has been advised of the possibility of such damages. Furthermore, our liability to you for loss or damage of any kind arising out of or in connection with our agreement or relationship with you is reduced to the extent that you cause or contribute to the loss or damage. This clause applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

36. Where Schnapps Idea Distillery provides you with a refund, you agree that the refund is the total amount of Schnapps Idea Distillery’s liability to you in relation to all circumstances relating to the refund.

37. You agree to indemnify, defend and hold harmless Schnapps Idea Distillery, its directors, management, officers, employees, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use of this Website or your breach of these Terms & Conditions or any Additional Terms. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Nothing in these Terms & Conditions derogate from Schnapps Idea Distillery’s right to maintain any action against you for any part of any unpaid purchase price, for any monies owed to Schnapps Idea Distillery or for any damages, loss, liability or other cause of action.

Privacy

38. Schnapps Idea Distillery collects and uses Personal Information including financial, contact or unique identifier information to ensure that the Website Products purchased are delivered to you; to advise you of any possible changes/cancellations that may occur in relation to the event you booked; and/or to confirm the identity of users and bill customers for products and services. If the Personal Information requested is not provided, the Schnapps Idea Distillery may not be able to facilitate your transaction, distribute products or contact you.

39. Schnapps Idea Distillery will not share your Personal Information with unrelated third parties without your prior consent. However, when you make a purchase through this Website, your consent is required for Schnapps Idea Distillery to provide your Personal Information to those third parties necessary to process your transaction with us such as venues, credit card companies and shipping and handling companies acting on Schnapps Idea Distillery’s behalf (which abide by the National Privacy Principles). Schnapps Idea Distillery may also use your Personal Information to keep you informed of products and future events via direct marketing, if you elect, at the time of booking, to receive this information. You may also change this choice in the future by contacting us with your request. Schnapps Idea Distillery will not use or disclose your Personal Information in any way, other than as disclosed in these Terms & Conditions, any Additional Terms and in our Privacy Policy and Collection Statement.

40. Schnapps Idea Distillery makes available its collection statement that details the Personal Information it collects, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties (Collection Statement). The Collection Statement will comply with Schnapps Idea Distillery’s disclosure obligations under the Privacy Act 1988 (Cth).

41. You can gain access to, update or correct any of your Personal Information by contacting Schnapps Idea Distillery at prost@schnapps-idea.com. All Personal Information will be stored by the Schnapps Idea Distillery in accordance with Schnapps Idea Distillery’s Collection Statement and Privacy Policy. A copy of the Schnapps Idea Distillery’s Collection Statement and Privacy Policy in relation to the treatment of Personal Information collected may be obtained on this Website link to Privacy Policy.

Cookies

42. As a result of viewing this Website some information may become stored on your computer. This information may be in the form of a ‘cookie’ or similar file which may help us in many ways, for instance to improve the content of this Website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive, to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing this Website you consent to our use of any information gathered for the purposes mentioned above, including in accordance with our Privacy Policy.

General provisions

43. These Terms & Conditions and any Additional Terms and any dispute or claim arising out of or in connection with the Website or Content shall be governed by and construed according to the laws of Victoria, Australia without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction of the courts of Victoria or the Federal Court sitting in Victoria, Australia to resolve any claims or disputes arising from or relating to the Website or the Content. Any claims arising from or in connection with the Website or the Content must be brought in such courts within one year after the event giving rise to such claim.

44. If any provision of these Terms & Conditions and any Additional Terms shall become or be declared unlawful, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other provisions in these Terms & Conditions and any Additional Terms and may be severed without affecting any other provision.

45. These Terms & Conditions and any Additional Terms, together with the Privacy Policy and any other legal notices published by Schnapps Idea Distillery on the Website shall constitute the entire agreement between you and Schnapps Idea Distillery concerning the Website. Failure by Schnapps Idea Distillery to enforce any of these terms shall not constitute a waiver of such terms or any other terms. No waiver or consent shall be effective against Schnapps Idea Distillery unless in writing and no such waiver or consent shall be construed as a waiver or consent in any other or subsequent instance.