Legal Stuff
Liquorhomedelivery.com.au apologizes for the extent and the proportion of formality in respect to this document. Please read this document and its entirety carefully. We are providing a service to the community, with it comes obligations, which requires implementation of rules and regulations, we ask that you adhere to these rules and regulations to provide proper care of the consumption of alcohol within the community. Your use of Liquorhomedelivery.com.au will constitute your agreement to comply with these rules.
This Agreement is a contract between you and Therien Pty Ltd, ACN 009.207.818, trading as The Strand Liquor Store, ("liquorhomedelivery.com.au").
Persons under 18 years of age are not permitted to place orders or purchase alcohol.
This agreement sets out the terms and conditions under which you may purchase products online from liquorhomedelivery.com.au.
Please read the following terms and conditions carefully before placing your order on liquorhomedelivery.com.au.
By completing the customer application process and using the liquorhomedelivery.com.au service, You agree to be bound by the terms and conditions of this Agreement.
TABLE OF CONTENTS
1. Interpretation
2. The Agreement
3. Customer's application
4. Purchase orders & delivery of Goods
5. Risk & Title
6. Price of Goods & payment
7. Out of stocks & substitution
8. Packaging & Labelling of Goods
9. License
10. Intellectual Property Rights
11. Liability
12. Security
13. Notification of changes
14. Confidentiality of your information
15. Termination
16. Notices
17. Miscellaneous
18. International Agreement
1. Interpretation
In these Conditions:
"Agreement" means an agreement between you the consumer and liquorhomedelivery.com.au to supply Goods. The Agreement consists of the Order and these Conditions.
"Conditions" means these Conditions and any agreed written variations.
"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.
"Goods" means Goods described in an Order and includes packaging.
"Intellectual Property Rights" Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
"Order" means an order by You to purchase Goods from liquorhomedelivery.com.au.
"Product List" means the list of Goods displayed on the liquorhomedelivery.com.au Internet site as amended from time to time.
"Delivery Fee" means the fee payable to liquorhomedelivery.com.au in respect of delivery of the Goods and handling costs associated with processing your order as advised by liquorhomedelivery.com.au
2. The Agreement
2.1 What is the Agreement?
The entire agreement between You and liquorhomedelivery.com.au for the purchase of Goods by You from liquorhomedelivery.com.au is:
(a) these Conditions; and (b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between You and liquorhomedelivery.com.au once liquorhomedelivery.com.au receives and accepts an order at its licensed premises. No obligation to sell or supply the Goods will arise until the order is received and accepted at licensed premises. Liquorhomedelivery.com.au is authorized to unconditionally appropriate the liquor to the order at the licensed premises on acceptance of the Order.
2.3 Each Order is a separate agreement.
2.4 Account set-off terms,
If You owe money to liquorhomedelivery.com.au under one agreement, liquorhomedelivery.com.au may set that money against any money that You owe to liquorhomedelivery.com.au under another agreement. If liquorhomedelivery.com.au owes money to You under one agreement liquorhomedelivery.com.au may set-off that money against any money that it owes You under another agreement.
3. Customer's Application
3.1 Application to be completed
You must complete a customer application before placing an Order for Goods on liquorhomedelivery.com.au. You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform liquorhomedelivery.com.au if there is any change to this information or data.
3.2 Set up costs
You are responsible for any costs associated with accessing the liquorhomedelivery.com.au site and placing orders for Goods on liquorhomedelivery.com.au including any Internet provider fees.
3.3 Delivery area
In order to purchase Goods from liquorhomedelivery.com.au, the Delivery Address that You nominate will need to be within a area where liquorhomedelivery.com.au provides delivery services. Liquorhomedelivery.com.au will advise You if the Delivery Address which You nominate is not in the delivery area where liquorhomedelivery.com.au delivers goods. Liquorhomedelivery.com.au will not be obliged to continue to deliver Goods to You if You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which liquorhomedelivery.com.au delivers goods.
4. Purchase Orders & Delivery of Goods
4.1 Orders
You can place an Order on liquorhomedelivery.com.au by selecting Shop and then selecting the "Check out" button. Orders will then be deemed to have been received by liquorhomedelivery.com.au at the time of successful transmission of the Order.
4.2 Delivery of the Goods
Liquorhomedelivery.com.au will deliver the Goods to You at the Delivery Address during the authorized licensed trading hours. Liquorhomedelivery.com.au may obtain authorization via fax or e-mail transmission to deliver goods to the address supplied without obtaining a receipt of goods delivered, if instructed to do so by the authorized Order purchaser(You). Liquorhomedelivery.com.au, and all couriers, delivery companies acting for and behalf of liquorhomedelivery.com.au, will take all care and reasonable precautions to ensure the Order is delivered correctly and in good condition. Liquorhomedelivery.com.au will take no responsibility for incorrect delivery details provided by You or any liability for goods not received at the delivery address upon correct receipt of delivered Order.
4.3 Authorized receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed by liquorhomedelivery.com.au to be authorized to receive the Goods. Liquorhomedelivery.com.au may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age and sign his/her name for receipt of receiving the Goods. Liquorhomedelivery.com.au, (persons acting on behalf of Therien Pty Ltd, (liquorhomedelivery.com.au) in capacity of delivery courier) will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years of age. If the Order specifies special instructions for delivery then Liquorhomedelivery.com.au and it's subsidiary companies will adhere to those specific instructions to its ability within the bounds of legal and ethical ramifications. Liquorhomedelivery.com.au accepts no responsibility for incorrect delivery of goods due to unlawful use of credit card, payment details. It is the Purchasers, (You), responsibility that credit details and pass-codes are kept private and confidential to prevent any unlawful use.
4.4 Service Fee
If required by liquorhomedelivery.com.au You shall pay to liquorhomedelivery.com.au the Service Fee (or such other fee as may be specified by liquorhomedelivery.com.au) in respect to each Order.
4.5 Change of Delivery address.
If You the consumer fails to notify liquorhomedelivery.com.au of changes to current delivery address upon receipt of goods, liquorhomedelivery.com.au is not to be responsible for incorrect delivery of Goods. You then are liable for all costs, return of Goods , transportation, and refunding of delivered Goods.
4.6 Miscalculation on web site of Delivery Fee.
If the calculation of the delivery fee is insufficient to cover the actual delivery charges that would be charged to liquorhomedelivery.com.au, by its suppliers, then liquorhomedelivery.com.au is not obligated to fulfil your order. Where Liquorhomedelivery.com.au chooses not to absorb the additional delivery fee, Liquorhomedelivery.com.au will notify you that the postage calculations are different from real costs and offer you the option of paying the difference and going ahead with the order. You may choose to proceed and pay the higher delivery fee or cancel the order.
4.7 Delivery Time Frames.
All delivery time frames quoted on this web site are a guide only and actual delivery times may vary. While we will undertake to deliver goods ordered in a prompt and timely fashion, we take no responsibility for delays in delivery caused by our suppliers. By ordering on this site you acknowledge that a risk exists that an order will not be delivered within the time frame quoted.
5. Risk & Title
5.1 Risk and Title
Risk in the Goods passes to You upon delivery of the Goods to the Delivery Address.
5.2 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the liquorhomedelivery.com.au Customer Care line on (08) 9248 1999 and a liquorhomedelivery.com.au representative will assess Your request for a credit, replacement or refund of the purchased damaged or incorrect product.
6. Price of Goods & Payment
6.1 Price of Goods
Subject to clause 6.2 the price You shall pay for the Goods shall be the price specified on the Product List. You also agree to pay the Delivery and Handling Fee in respect of each Order.
6.2 Variation
Liquorhomedelivery.com.au's prices are subject to variation on a daily basis. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.
6.3 Method of payment
(a) Payment upon Delivery of Goods You shall pay for the Goods at the time of sending your order. You may use your credit card (Bankcard, MasterCard and Visacard). Liquorhomedelivery.com.au does not accept cash payment for the Goods.
7. Out of Stocks & Substitution
7.1 No credits.
Liquorhomedelivery.com.au will not provide credits in respect of Goods ordered by You.
7.2 Substitution policy
Liquorhomedelivery.com.au will use its best endeavors to ensure that all Goods ordered by You (and any agreed substitutes) are supplied to You.
8. Packaging & Labeling of Goods
Liquorhomedelivery.com.au aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product list may differ from the Goods actually supplied to You. Liquorhomedelivery.com.au does not warrant the accuracy of the information contained in the Product List and recommends that You read the labels on Goods carefully before consuming the Goods. All information, labeling, text, graphics, pictures, logos, and any other form of advertising including bottles and company logos are deemed public assess and are available to consumers from product bottle descriptions and merchandise readily available upon purchase of the respective product. Liquorhomedelivery.com.au accepts no liability for incorrect information or picture graphics supplied and does not represent the companies or distribution companies associated. Information of products are not private. Companies associated to and marketing of products that are listed and represented on Liquorhomedelivery.com.au grant Liquorhomedelivery.com.au the unrestricted right to use, reproduce, modify, translate, transmit and distribute any information or material You supply or communicate to the Service via e-mail, company profiles, wine information notes, media and advertising publications made free and accessible in any medium now in existence or hereafter developed, for any purpose, including commercial uses.
9. License
You are licensed to install liquorhomedelivery.com.au on your computer for Your use in purchasing Goods from liquorhomedelivery.com.au. You acknowledge that you are not permitted to make any other use of or copyright information, text, or graphics from liquorhomedelivery.com.au unless given prior written authorization by liquorhomedelivery.com.au.
10. Intellectual Property Rights
10.1 You acknowledge that liquorhomedelivery.com.au and its related companies own or are licensed to use all Intellectual Property Rights in liquorhomedelivery.com.au (including, but not limited to, any images, photographs or text, which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy liquorhomedelivery.com.au in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
You agree to indemnify Liquorhomedelivery.com.au and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys' fees) that may arise from your submissions, and from your unauthorized use of material obtained through Liquorhomedelivery.com.au, from your breach of this Policy, or from any such acts arising through your use of Liquorhomedelivery.com.au.
10.2 You acknowledge that any trademarks or logos which appear on the liquorhomedelivery.com.au site are owned by or licensed to liquorhomedelivery.com.au or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
11. Liability
11.1 You acknowledge that liquorhomedelivery.com.au is provided "as is site" and that liquorhomedelivery.com.au is not making and has not made any warranty or representation as to liquorhomedelivery.com.au's suitability for any particular purpose. You agree that in using liquorhomedelivery.com.au, You are not relying on any statement or representation made by liquorhomedelivery.com.au which is not expressly contained in this Agreement.
11.2 You agree that any liability of liquorhomedelivery.com.au arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of liquorhomedelivery.com.au (other than a condition or warranty implied by legislation which does not permit liquorhomedelivery.com.au 's suitability to be limited as stated in this clause 11.2) will, at the election of liquorhomedelivery.com.au be limited to:
(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
11.3 You agree that the entire risk arising out of installation, down loading, use or performance of liquorhomedelivery.com.au remains with You. To the extent permitted by law, You release and discharge liquorhomedelivery.com.au and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with liquorhomedelivery.com.au or this Agreement, including, without limitation, loss or damage caused by the negligence of liquorhomedelivery.com.au or its related corporations.
You agree to take responsibility for the safekeeping of your credit details and pin codes. You are liable if any unauthorized persons uses your Credit Card and passcodes. You agree to release and indemnify liquorhomedelivery.com.au in relation to any liability arising out of the unauthorized use of your credit card and passcodes.
Liquorhomedelivery.com.au may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 16. Your use of the liquorhomedelivery.com.au services after notice will constitute your deemed acceptance of such changes.
14. Confidentiality of Your Information
Liquorhomedelivery.com.au reserves the right to disclose information regarding liquorhomedelivery.com.au members and use of the liquorhomedelivery.com.au service to third parties providing that the information will not specifically identify You or any personal information supplied by You.
Liquorhomedelivery.com.au also reserves the right to disclose information regarding liquorhomedelivery.com.au members and use of the liquorhomedelivery.com.au service, including personal information if we consider it necessary to comply with law or to protect the rights and property of Liquor Home Delivery or others.
Liquorhomedelivery.com.au may terminate this Agreement at any time by delivering notice (as specified in clause 16) or by sending You a system message, (e-mail notification) advising that your shopping privileges have been removed. If this occurs, please contact liquorhomedelivery.com.au Customer Care Line on (08) 9248 1999. Termination of this Agreement shall be effective on the day notice is received and recorded or such later date as specified in the notice.
Liquorhomedelivery.com.au may give notice to You by electronic mail or by conventional mail to your address contained in the membership registration information, provided by You. You may give notice to liquorhomedelivery.com.au by electronic mail to micky@liquorhomedelivery.com.au
17.1 Provisions are severable.
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
17.2 Western Australian Liquor Law applies to liquorhomedelivery.com.au.
18.1 International Agreement.
The minimum legal drinking age refers to the minimum age at which beverage alcohol can be consumed. This may be different from the minimum age at which beverage alcohol can be purchased. Some countries, including New Zealand and Indonesia, focus their legislation solely on the legal age of purchase of beverage alcohol, and do not address a minimum age for consumption.
The Table provided is a summary of current age limits for purchasing and consuming alcohol beverages in countries where information is available. Please consult this table in relation to your Country of origin and adhere to the legal age requirements of each individual International Laws, representing your Country.
The states in the United States (31 of 50 states) have laws that prohibit or limit the consumption of beverage alcohol for those individuals under 21.
Malaysia, South Korea, and Ukraine have a national minimum drinking age of 21.
Austria, Belgium, France, Italy and Spain have a minimum drinking age of 16. Japan and Iceland have a minimum drinking age of 20. Canada, has minimum drinking age laws which are legislated by each province, two provinces set the consumption age at 19 and the others at 18, please consult your province laws governing the legal limit for consumption of alcohol in Canadian territory.
Information provided by Liquorhomedelivery.com.au and it's associated Companies and shareholders, Directors, Management and Staff relating to national laws, generally apply to drinking age limits for venues outside the home, such as taverns, bars, restaurants, night-clubs and similar establishments. Typically, these laws make no reference to alcohol consumption in the home. Liquorhomedelivery.com.au and it's associated Companies and shareholders, Directors, Management and Staff take no responsibility for consumption of alcohol in the home under the direction of Individuals, Parents and minors, Guardians, Legally Court appointed Guardians and the person's responsible for the premises at time of consumption of alcohol on said premises.
United Kingdom laws stipulates and legislates a minimum consumption age in the home; "alcohol may be consumed from age 5 with parental consent."
Source: ICAP Reports 4, March 1998. For further information on this program, contact The Portman Group, 2d Wimpole Street, London, W1M 7AA, UK.
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| INTERNATIONAL MINIMUM DRINKING AND PURCHASING AGE LAWS | |||
|---|---|---|---|
| Country | Minimum Drinking Age (MDA) | Minimum Purchasing Age (MPA) | Notes |
| Argentina | 18 | - | |
| Australia | 18 | 18 | State and Territory laws prohibit the sale or serving of alcohol to those under 18. |
| Austria | - | 16, 18 in some cases for spirits. | On-premises consumption of alcohol is subject to provincial regulation. In general, the MDA is 16. Some provinces also prohibit the consumption of spirits for those under 18. |
| Azerbaijan | No MDA | No MPA | |
| Belgium | 16 | 16 | The law prohibits anyone under 16 (unless married or accompanied by a parent or guardian) from entering a 'dance hall' where fermented beverages are sold. |
| Brazil | 18 | - | |
| Canada | In Alberta and Quebec, it is 18; in all other provinces, 19 |
All provinces have their own legal MPA. | Drinking by minors under adult supervision is permitted in licensed premises in provinces of Manitoba and New Brunswick and at home in Prince Edward Island, Alberta, British Columbia, Ontario and Saskatchewan. |
| Chile | 18 | - | |
| China | No MDA | - | |
| Colombia | 18 | - | |
| Czech Republic | 18 | - | |
| Denmark | - | 18 | There are no age restrictions on sales for off-license consumption. |
| Estonia | 18 | - | |
| Finland | 18 | 18, 20 | The MDA for on-premises consumption of all alcoholic beverages is 18; for off-premises consumption the MPA for beverages up to 21% alcohol by volume is 18. The MPA for spirits is 20. |
| France | 16 | 16 | |
| Georgia | No MDA | No MPA | |
| Germany | 16, 18 | 16, 18 | The MDA and MPA for beer and wine is 16, 18 for spirits. |
| Hong Kong | 18 | No MPA | |
| Hungary | 18 | - | |
| Iceland | 20 | - | |
| Indonesia | - | 16 | |
| Ireland | 18 | 18 | Individuals under 18 are allowed in bars, but those under 15 must be accompanied by a parent or guardian. |
| Israel | 18 | - | |
| Italy | 16 | 16 | |
| Japan | 20 | 20 | |
| Korea (South) | 21 | - | 21 years of age; or a college student, if under 21. |
| Latvia | 18 | - | |
| Lithuania | 18 | - | |
| Luxembourg | 17, 18 | 18 | The on-premises MDA is 17 if accompanied by an adult. |
| Malaysia | 21 | - | |
| Mexico | 18 | - | |
| Moldova | 18 | 18 | |
| Mongolia | 18 | 18 | Parents and guardians may not offer alcohol beverages to their children under 18. |
| Netherlands | - | 16, 18 | The MPA for spirits is 18, 16 if accompanied by an adult. The MPA for beer and wine is 16. |
| New Zealand | 20 (with some exceptions) | 20 (with some exceptions) | In designated areas alcohol may be sold to those between 18 and 20 who are having a meal or are accompanied by their parent, guardian, or spouse aged over 20. |
| Norway | 18, 20 | 18, 20 | The MPA for spirits is 20. For beer and wine the MPA is 18. |
| Peru | 18 | - | |
| Poland | - | 18 | The MPA for alcoholic beverages (more than 4.5% alcohol by weight) is 18. There is no minimum purchasing age for beverages under 4.5% ABV. |
| Portugal | No MDA | No MPA | |
| Russia | - | 21 | |
| Slovak Republic | 18 | - | |
| Slovenia | 18 | 18 | Applies only to buying or drinking in public places such as bars or discos. |
| South Africa | 18 | 18 | |
| Spain | 16 | 16 | Those under 16 may purchase beer and wine if accompanied by their parents. |
| Sweden | 18 | 18, 20 | Class 1 beer is non-alcoholic and no age restrictions apply. Off- icense purchases have different age limits, the MPA for buying beer from food stores is 18, the MPA for buying other alcohol beverages at Systembolaget stores is 20. |
| Switzerland | 14-18 | 14-18 | Federal law prohibits supplying spirits to those under 18. The MDA and MPA for beer and wine is controlled by the Cantons and varies between 14 and 16. |
| Thailand | No MDA | - | |
| Turkey | - | 18 | |
| Turkmenistan | 18 | 18 | |
| Ukraine | 21 | 21 | |
| United Kingdom | 18 | 18 | In bars and off-licensed premises the MDA and MPA are 18. The MPA for beer and cider is 16 when purchased for consumption with meals (except when in a bar). Children over five may consume alcoholic beverages at home with a parent's consent. |
| United States | 21* | 21** | *In 19 states alcohol consumption by youth under 21 is not specifically illegal. **Exceptions to the 21 law in some states include possession for religious purposes when accompanied by a parent, spouse or legal guardian; medical reasons; in private clubs or establishments; and in the course of lawful employment by a duly licensed manufacturer. |
| Uruguay | 18 | - | |
| Venezuela | 18 | - | |
Source: ICAP Reports 4, March 1998. For further information on this program, contact The Portman Group, 2d Wimpole Street, London, W1M 7AA, UK.
The laws of Western Australia govern this Agreement.
If you don't agree to the terms contained in this Policy, please exit Liquorhomedelivery.com.au site now.
If you have any questions or concerns about this Agreement please contact us for more information.
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CONTACT DETAILS
245 Berringarra AveMalaga WA 6090
Ph: (61+8) 9248 1999
Fax: (61+8) 9248 1932
Licence Number: License number: 6010011064Class of Licence: Liquor – Hotel
Name of the Licensee: Marvel Loch Hotel
Trading as Marvel Loch Hotel
53-55 Lenneberg Street
Marvel Loch WA 6426
Ph: (61+8) 9248 1999