Terms & Conditions
1. TERMS AND CONDITIONS OF USING AND PURCHASING VIA POESTONPAYDAY.COM
(a) poetsonpayday.com is operated by Poets on Payday Pty Ltd ABN 60 621 552 725 , registered office at 27 Awamba St, Mosman 2088. Throughout this Site, terms “We”, “Us” and “Our” refer to Poets on Payday.
(b) Purchases of alcohol products made through poetsonpayday.com are made under New South Wales Liquor Licence No. LIQW880015027
(c) By visiting and using poetsonpayday.com you accept and agree to be bound by the following Website Terms and Conditions of Use (Website Terms and Conditions). If you do not accept these Website Terms and Conditions, please do not use the Site.
2. PURCHASING VIA POETS ON PAYDAY
(a) 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.
(b) If you purchase products via poetsonpayday.com, you warrant to Us that you are over the age of 18 years and that any person that you are obtaining the products for, or supply the products to, is over the age of 18 years.
(c) If you purchase any products from Us through the Site (including but not limited to signing up for one of Our regular delivery programs or any one-off purchase of products), additional terms and conditions may apply. These additional terms and conditions will be displayed with the product or offer.
(d) If products ordered by you are not in stock, whenever possible We will offer you a comparable product of equal or greater value. If you are not happy with a comparable product, We will refund you the purchase price.
(e) All specials, promotions, clearances, offers and discounted items advertised on the Site are available only while stocks last unless otherwise advertised.
(f) All prices are Australian dollars and are inclusive of GST. Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated until you delivery details are provided in the checkout. Promotional offers and prices are as stated, with no further discounts available. You agree to pay the price of the products specified on the website. You also agree to pay the delivery and handling fee (when applicable) in respect of each Order and all taxes, including goods and services tax. We reserve the right to vary prices on the Website without notice. The price payable for the product is the price applicable on the date the products are confirmed as ordered. We endeavour to ensure all prices displayed are correct but occasionally an error may occur. Prices for our goods and services are subject to change without notice. If We discover a pricing error We will notify you and you may elect to not purchase any goods where the price has been corrected.
(g) Credit card payments are accepted as payment for orders of products. Cheques, money orders and cash are not accepted methods of payment. Payment must be cleared before products are despatched.
(h) The Delivery Address which you nominate needs to be within a location where We provides delivery services. We will advise you if the Delivery Address which you nominate ceases to be in an area where We deliver goods. We 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 We deliver goods.
(i) We may charge you and you may be required to pay an additional fee if there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered.
(j) Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address.
(k) We may change these Website Terms at any time without notice. Please review these Website Terms regularly to ensure you are aware of any changes made.
3. REFUNDS, RETURNS, EXCHANGES AND GIFTS
(a) We will not offer you a refund or exchange if 14 days have gone by since your purchase or if the item that was purchased was purchased on sale. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. For alcohol, we are not able to accept a return of an item that has been opened.
(b) We will not offer refunds or exchange on gift cards.
(c) Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit or debit card.
(d) We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org
(e) If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be sent to you. If the item was not marked as a gift when purchased, or if the giver of the gift had the order shipped to themselves to give to you later, we will send a refund to the giver of the gift and he or she will find out about your return.
(f) To return your product, you should mail your product to: please post to our nominated address which we will supply.
4. CONTENT AND INTELLECTUAL PROPERTY
(a) The content, layout, design, concept and organisation of the Site (Content) which is or may be the subject of patent, copyright, trade mark, design, confidentiality or other intellectual property rights (Intellectual Property) belonging or licensed to Us.
(b) Subject to your compliance with these Website Terms and Conditions, We grant you a temporary, non-exclusive licence to download, print or otherwise reproduce in unaltered form a single copy of any Content (save for any material for which express notice is given to the contrary) solely for your personal, non-commercial use, or for non-commercial information purposes only within your organisation.
(c) Certain material provided or available on or through the Site may be stated to be subject to special or additional rules or conditions which will form part of these Website Terms and Conditions.
(d) By visiting and using the Site you acknowledge and agree that:
(i) We own all right, title and interest in, or are otherwise licensed to use the Intellectual Property in the Content;
(ii) you will not do anything to hinder, impede, invalidate or challenge Our ownership, entitlement to use, or registration of any part of the Intellectual Property in the Content; or which might diminish the value of the Intellectual Property in the Content; and
(iii) any use, downloading, copying, adaption, modification, communication, distribution or reproduction of the Site, the Content or the Intellectual Property in the Content other than as expressly permitted by these Website Terms and Conditions or by law is strictly prohibited, unless you have obtained Our prior written consent (which We can withhold in Our absolute discretion).
(e) Where Our Intellectual Property contains any of Our registered or unregistered trademarks, you must not use any of those trademarks:
(i) in or as the whole or part of your own trademarks;
(ii) in connection with activities, products or services which are not Ours;
(iii) in a manner which may be confusing, misleading or deceptive; or
(iv) in a manner that disparages Us or Our products or services (including the Site).
(f) You agree to use the Site and its Content for lawful purposes only.
(a) We derive Our information from sources which We believe to be accurate and up to date at the time of publication. All information provided on the Site is provided in good faith. However, We do not make any representation or warranty that the information provided is timely, reliable, 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, material or advice provided on the Site, or for any incorrect or misleading information provided on the Site.
(b) We reserve the right to change, update or terminate the Site and Content or any part of them at any time in Our absolute discretion, without notice or liability to you.
(c) Any change or modification to the Site or these Website Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, do not use the Site. If following any such change or modification you continue to use the Site or Content, then you will be deemed to have accepted those changes or modifications.
(a) All information, advice or other data on the Site is provided as general information only and should not be relied upon.
(b) We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Site or its Content for any particular purpose.
(c) We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Site, or the Site’s inability to meet your needs.
(d) We have no control over and are not responsible for the content of any third-party sites linked to or framed within the Site, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Site should not be construed as an endorsement, approval or recommendation by Us of the linked web site or its content. We are not responsible for the content or privacy practices associated with linked web sites. When viewing a third party site, you should read the terms, conditions and privacy statements detailed on that site. Your use of or reliance upon such third-party websites is at your own risk.
(e) We are based in Sydney, New South Wales, Australia. You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you.
(f) Your use of and any reliance you place upon the Site and its Content are entirely at your own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond Our jurisdiction and control and that of Our suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to Us.
(g) We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site, which is beyond Our control. For the avoidance of doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site or any linked website.
(h) You are prohibited from using the Site or the Content:
(i) for any unlawful purpose;
(ii) to solicit others to perform or participate in any unlawful acts;
(iii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(v) to submit false or misleading information;
(vi) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
(vii) to collect or track the personal information of others;
(viii) to spam, phish, pharm, pretext, spider, crawl, or scrape; or
(ix) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
Poets on Payday reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
To the fullest extent permitted by law and without limiting any rights available under the Australian Consumer Law:
(a) all conditions and warranties concerning the Site and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
(b) in no event will We (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Site or the Content;
(c) 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 the Site, the Content or the Services;
(d) any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and
(e) remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms.
(a) Your rights and obligations under these Website Terms may not be transferred or assigned directly or indirectly without Our prior written consent. We may transfer or assign Our rights and obligations under these Website Terms.
(b) To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been read down or deleted to the extent necessary to overcome the difficulty.
(c) Our rights and remedies under these Website 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.
(d) We will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
(e) These Website Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.