Terms & Conditions
Online Store Terms and Conditions
Legal Drinking Age: Byron Bay Spirits Co. supports the responsible service of alcohol and will never supply alcohol to minors. You need to be over the Legal Drinking age to purchase from our online store.
Payment Methods: We accept payment via Visa, Mastercard, American Express, JCB, ApplePay and Paypal. Card details are processed using 3rd party processors including Stripe and Paypal, we do not store customers card details on our own servers.
Delivery and Handling: Delivery costs are a flat rate of $12 throughout Australia, unless otherwise stated. Orders $150 and above receive free freight. We ship Australia wide with TNT, Aramex (previously Fastway) and Australia Post. We deliver using receipted receival. If you are not at home a card will be left.
Lead Time: We endeavour to process and ship orders within 48 hours, however this is not always possible, if delays are expected we will email you with the details. Orders placed outside office hours will be processed the next business day. Orders placed on a weekend will not be processed until the next business day. Delivery times to customers varies depending on location, but usually takes between 2-7 days.
Out of Stock Items: We endeavour to list ‘out of stock’ items on our website. Occasionally, during busy periods we may run out of a product before we have the chance to update our website. If you have ordered an out of stock item we will contact you to see if you would like a replacement product or wait until the product is back in stock.
Returns: In the event of receiving damaged or incorrect goods notification must be given within 24 hours of receipt of goods for credit or replacement.
Contact Us: You can contact us directly with any questions via our website contact page form. Alternatively you may email hello@byronbayspirits or write to:
Byron Bay Spirits Co., PO Box 306, Byron Bay, NSW 2481
Your Details: Byron Bay Spirits Co. will store personal details only to keep subscribers up to date via our opt-in subscription newsletter. It is not the policy of Byron Bay Spirits Co. to sell or exchange personal details. Your details will be kept solely for the purpose of subscription updates, and will be removed if requested.
Place of Applicable Law
Byron Bay Spirits Co. is registered in New South Wales, Australia. Materials on this site are directed solely at those who access it within Australia. Those accessing this site from other locations are responsible for compliance with local laws if applicable. You and we each submit to the exclusive jurisdiction of the New South Wales courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The Law of New South Wales shall govern this Agreement.
Reasonable care has been taken by Byron Bay Spirits Co. in the design, layout and content of this site. However, to the extent permitted by applicable law, Byron Bay Spirits Co. disclaims all warranties, express or implied, as to the accuracy of the information contained in any materials within this site.
Byron Bay Spirits Co. shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained within this site.
Links within this site will lead to sites which are not under the control of Byron Bay Spirits Co.. When you activate these you will leave the Byron Bay Spirits Co. site, Byron Bay Spirits Co. will not accept any responsibility or liability for the material on any other site as Byron Bay Spirits Co. has no control over any other site.
We aim to provide the most accurate information on our website, however in the case of typographical errors or information which is not correct, Byron Bay Spirits Co. reserves the right to correct the error and any actions leading from it.
Limitation of Liability
You agree that Byron Bay Spirits Co. shall not be liable either in contract, tort, negligence, statutory duty or otherwise for any:
- Loss of profits, goodwill, revenue or any type of consequential, indirect or special loss or damage whatsoever arising from or in any way connected with this Agreement.
- Direct damage or loss, including damage or loss which is reasonably foreseeable or occurs naturally in the course of things, resulting in any acts, omissions, failures or delays occurring to, on or in relation to those parts of the Internet not under Byron Bay Spirits Co. direct control, including, without limitation, loss or damage of business, loss of sales, non payment of monies due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss, even where Byron Bay Spirits Co. has been advised of the possibility of such damage or loss.
You agree that, except in relation to such liability as has been expressly excluded above, the maximum aggregate of liability of Byron Bay Spirits Co. in contract, tort, negligence, statutory duty or otherwise, even where Byron Bay Spirits Co. has been advised of the possibility of such damage or loss, for any damage or loss arising from or in any way connected with:
- Any defect in a product
- Any failure by Byron Bay Spirits Co. to process signals, data, information, orders or messages correctly or in a timely manner, or any misrouting or non delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them, and any liability not excluded by this Agreement shall, in respect of any one or more events or series of events, connected or unconnected, taking place within any twelve month period be limited to the price of the relevant goods. This limit shall also apply in the event that any exclusion or other provision contained within this Agreement is held to be invalid for any reason and Byron Bay Spirits Co. becomes liable for damage or loss that could otherwise have been limited.
You agree and acknowledge that you are in a better position than Byron Bay Spirits Co. to foresee and evaluate any potential loss or damage that you may suffer in connection with the goods and services provided by Byron Bay Spirits Co., and therefore that Byron Bay Spirits Co. cannot adequately insure in respect of such liability. You warrant to Byron Bay Spirits Co. that you will insure against, or bear yourself, any loss for which Byron Bay Spirits Co. has excluded liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some limitations set out above may not apply to you.
Nothing in this Agreement shall affect the statutory rights of any customer, exclude or restrict any liability for death or personal injury arising from negligence or fraud of Byron Bay Spirits Co..
Save to the extent that it falls within the provision of delivery you shall indemnify Byron Bay Spirits Co. and any third party, including its sub contractors, from and against any liability, losses, rights expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement and expenses, including legal charges, arising from your use of the Byron Bay Spirits Co. site or purchase of goods/services from that site which are brought or threatened against Byron Bay Spirits Co. or suffered or incurred by Byron Bay Spirits Co. by another person or entity.
All pictures, photographs, text, design and layout of the Byron Bay Spirits Co. site remain the copyright of Byron Bay Spirits Co.. You may print portions of the Byron Bay Spirits Co. site for your personal and non commercial use. Use of any content of the Byron Bay Spirits Co. site is strictly prohibited without prior written consent of Byron Bay Spirits Co..
Beyond Reasonable Control
Byron Bay Spirits Co. shall not be held liable for any breach of this Agreement caused by circumstances beyond its control, but not limited to Acts of God, fire, lightning or extremely severe weather conditions, explosions, war, disorder, floods, industrial disputes, whether or not involving our employees, acts or omissions of internet service providers or acts of local or central Government or other competent authorities.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
Byron Bay Spirits Co.
Byron Bay Spirits Co. is a trading name of Tranquility Group Pty Ltd. Any reference to Byron Bay Spirits Co. includes Tranquility Group Pty Ltd Trading As Byron Bay Spirits Company, ABN 26 061 915 099, Its directors, officers, servants or agents and related entities and permitted assigns.