Terms & Conditions
1. User agreement
- By visiting and/or using the bevplus.com.au website, associated services and functionality ("the website") you agree to be bound by this user agreement ("agreement").
- This agreement is formed between anyone who visits this website ("you", "user", "member" and "visitor") and BevPlus Liquor Wholesalers Pty Ltd (ABN 99 601 364 881) of Unit 1/365 Plummer Street, Port Melbourne, Victoria 3207 ("us", "our", "we").
- If you do not agree to any provisions of this agreement, you must not use the website.
- We reserve the right to make changes to this agreement from time to time at our sole discretion which may take effect immediately. By continuing to use the website following the making of the changes, you agree to be bound by the changes. You should check our agreement and policies from time to time, especially when ordering goods, to acquaint yourself with the current version.
Please note that this Agreement and the Bevplus.com.au website operations are strictly limited to sales and shipping within Australia
- To access some features of the website, you will need to be a registered member.
- When registering and activating an account, you must provide personal information such as your name, business name and address, Liquor Licence number, ABN, contact phone number and a valid email address.
- You are responsible for the activity that occurs on your account, and you must keep your account password secure.
- If you suspect or become aware of any unauthorised access or use of your account or your password is no longer secure, you agree to notify us as soon as practicable.
3. Legal Capacity
- By making an on-line purchase you accept these terms and conditions and acknowledge that you:
- are over eighteen (18) years of age, and/or
- are entering into a legal contract with us.
4. Supply of services to You / Termination
- We reserve the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used before the change. We may stop providing access to the website to you or to visitors or members generally, temporarily or permanently at our reasonable discretion and without prior notice to you. This will not affect any completed purchases that you have made. We may terminate your account or restrict your access to the website if we reasonably consider that there has been a breach of this agreement by you.
- We will provide services with due care and skill but except to the extent required by law we do not warrant that the website will be provided without fault or disruption. To the extent allowed by law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the website;
- you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- personal injury or property damage of any nature resulting from your access to, and use of, the website and any purchases made from the website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from our website;
- any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
- We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is http://www. bevplus.com.au with no characters before or after ‘bevplus.com.au’
- Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
6. Use of website by you
- You agree to use the website only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation.
- You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
- You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
- You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that pre.vent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
- You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. Description of goods and /or services and pricing and other information
- Information about products on the website is based on material provided by suppliers and product manufacturers.
- To the extent permissible at law we disclaim any liability in respect of inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
- You agree to make your own enquiries to assess the suitability of products before you purchase.
- Product images are indicative only. Every effort is made to display correct images, however the description of the product overrides the image.
8.Customer Service Policy
- Bevplus is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. In the event that an ordered item is not available or we are unable to fulfil your order we will notify you to arrange an agreeable alternative item, a backorder or a full refund.
- Products displayed on the website do not constitute an offer to sell. It is an invitation to make a negotiation or offer only (a treat).
- Orders placed by you are offers to purchase particular product/s under the terms and conditions in this agreement at the price specified (including delivery and other charges).
- We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
10. Price and Currency
- The prices of products, delivery and other charges shown are in Australian dollars and include WET and GST where applicable. All transactions are processed in AUD.
11. Shipping Costs
- Shipping costs are influenced by the size and weight of the product and your location, exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. You can obtain a shipping “quote” before proceeding to checkout. Unless otherwise specified, all shipping costs are included in the purchase price of the product.
- All payments must be received in full prior to shipping. If your payment is not received or declined by your bank or credit card issuer, we cannot reserve product against your order.
13. Supply of product
- Subject to this agreement, we will supply to you the products shown on your order confirmation.
- You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
14. Risk and Title
- We retain ownership of goods until payment is received in full.
- Risk in goods, such as loss or damage, passes to you upon delivery.
15. Change of mind returns / Store credit
- Satisfaction guaranteed.
- All returns and refunds are assessed on an individual basis.
- All requests for returns and refunds must be received within 2 days of receiving your order.
If for any reason you are not satisfied with your order, please email us at firstname.lastname@example.org with a description of your concerns. We will then contact you to discuss your particular issue to ensure we arrive at a mutually acceptable outcome.
This satisfaction guarantee is in addition to your rights under the Australian Consumer Law.
16. Links to third party websites
- We may have no responsibility or control over links to third party websites. These links do not imply that we endorse the linked website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
17. Intellectual property
- We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
- Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
- You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
- If you correspond or otherwise communicate with us in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the website, then you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or 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 our website and developing your ideas and suggestions for improved products or services we provide.
18. Transfer and Assignment
- In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
19. Force majeure
- We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
20. Applicable law
- This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
- If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
22. Privacy and personal information
- We do not collect personal information if you only browse this website.
- We only collect personal information directly from you, through the registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.
- Online payments are handled by a global payment gateway company, Web Active Corporation Pty Ltd T/A eWAY, and processed by National Australia Bank Merchant Services. We do not see or store your credit card or banking details. Please check the eway.com.au and paypal.com.au websites for details of their privacy policies and security measures.
- When purchasing from Bevplus your financial details are passed through a secure server using a minimum of 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre.(email@example.com)
- Our server may log (and we may have access to) details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
- We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and (where you have opted in to receive it) information generally about the products sold by us and/or related websites operated by us or our related entities. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
- We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
- you have consented;
- you would expect us to;
- it is required or authorised by law;
- it will prevent or lessen a serious and imminent threat to somebody's life or health; or
- the disclosure is reasonably necessary for law enforcement.
- You may request us to remove your personal information from our database by emailing us or using the contact form on the website.
- You consent to the transfer of personal information in the circumstances set out in clause 23 above.
Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email to firstname.lastname@example.org