Terms of Sale

BROWN-FORMAN AUSTRALIA BOTTLESHOP – TERMS OF SALE

(CONSUMER ACCOUNTS)

We want to make sure that you enjoy the products you purchase from this website just as much as we enjoy making them.  These Terms of Sale set out the terms and conditions on which we supply our products to you. They tell you who we are, how we will provide products to you, how you and we may change or cancel your order, what to do if there is a problem and other important information.  By placing an order to purchase our products from this website, you agree to comply with these Terms of Sale, as well as with our Cancellation and Returns Policy, which forms part of these Terms of Sale.  Please click here to read our Cancellation and Returns Policy.

Sometimes, we might change these Terms of Sale, so please check them each time you order something, but don’t worry, if you have already placed an order then the terms that were in place at the time you placed the order will continue to apply.

These terms were last updated on June 15, 2016.

1.     INFORMATION ABOUT US

www.brownforman.com.au is operated by Brown-Forman Australia Pty Limited ABN 87 000 064 086. Our registered office is at Level 6, 280 Elizabeth Street, Surry Hills NSW 2010.  You can contact  our Customer Service team by sending an email to [email protected]. If we need to contact you we will do so by telephone or by writing to you using the telephone number or email address you provide to us in your order.

2.     OUR PRODUCTS

2.1  The products on this website either contain alcohol or are alcohol related and so they are only for sale and use by people who are aged 18 years or over. The responsible sale and marketing of our products is important to us, as is the responsible consumption of them so if you are under 18 years of age or are buying a gift for someone who is under 18 years of age then you must not place an order with us.

2.2  Our website functions in two capacities. The first being a consumer storefront where the products are for purchase by individuals for domestic and private use. We may reject an order on the consumer storefront if it appears to us to be placed for business purposes.  The second part of our website is a business storefront where products can be purchased in bulk for commercial purposes. If you are interested in purchasing products for commercial purposes, we ask that you use the business storefront.

2.3  The products on this website may only be purchased to be delivered to locations in Australia.

3.     ORDERING FROM US

3.1  How to place an order: Our website will guide you through the process you need to follow to place an order. Your order will be placed when you click on the “Checkout” button at the end of the checkout process. By confirming your order you are agreeing to purchase the product(s) you have selected. 

3.2  When the contract is formed: Once you have confirmed your order, we will send you an email acknowledgement; we will then verify your payment method and will send you an order acceptance. At this point a contract will be in existence between you and us.

3.3  Your order acceptance will include your order number.  Should you need to contact us about your order, please use this order number because it will help us track your order.

3.4  When we may refuse an order: We may reject your order if:

(a)  your chosen product is not in stock;

(b)  we cannot obtain authorisation for your payment;

(c)  there has been a pricing or product description error;

(d)  a personalised product you order contains anything that contravenes, or appears to contravene our Content Rules in section 3.5 below;

(e)  we have reason to believe that you or the person the order is to be sent to is under the age of 18;

(f)   it appears that the order mistakenly duplicates another;

(g)  the order appears to be for commercial use; or

(h)  you request delivery to an address outside of Australia.

If we cannot accept your order, we will contact you via email to let you know and will not charge you for your order.

3.5  Ordering personalised products:  If you order personalised products then please check your order on screen and your acknowledgment email carefully to make sure that the content you have contributed for inclusion is correct and that there are no spelling mistakes or other errors.

Once you have checked out, you will not be permitted to cancel your order, however if you need to make any changes or modifications, then please contact our customer service team at [email protected] as soon as possible. Once your order has been personalised we will be unable to accept any changes.

You grant us a perpetual, non-exclusive, royalty free, irrevocable, transferrable and worldwide licence (including the right to sub-licence) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works the content you have contributed for inclusion, at any time in the future in any form for the purpose of personalising a product and selling it to you.

You will indemnify us in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any allegation by a third party that the content you have contributed for inclusion, or the use of such content by us in creating and providing the personalised products to you, constitutes an infringement of any person's intellectual property rights.

If your content request is found to be unacceptable based on the guidelines below, our customer service team will attempt to reach you 3 times by telephone to allow you to make changes to your requested content.  If they cannot reach you by telephone, you will receive an email letting you know that your request has been rejected.  This means the product you selected will be shipped to you without being personalised.  If you do not want the product without personalised content, please refer to our Cancellation and Returns Policy.  

We will not permit personalised products to include any content which:

(a)  suggests the irresponsible or underage consumption of alcohol;

(b)  might infringe anyone’s intellectual property or other rights;

(c)  contains any personally identifying information of another person without their consent or that appears to us to contain detailed personal information about any person (for example, their date of birth or full residential address);

(d)  advocates, promotes or assists any unlawful act;

(e)  could be seen as offensive on the basis of race, sexual orientation, religion or gender;

(f)   is pornographic, obscene, indecent, abusive, offensive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress; or

(g)  gives the impression that it comes from or has been endorsed by us.

We reserve the right to reject personalised messages for any other reason.

4.     PRIVACY

You acknowledge that these Terms of Sale and your submission of information through this website is governed by our Privacy Policy (“Privacy Policy”).  Therefore, you agree that any information you provide in connection with your use of this website is true, accurate and complete, and if needed, you will update such information periodically to maintain its accuracy.  You also agree not to submit personal information of any other person unless you first make them aware of our Privacy Policy and have their consent to do so.

5.     PRICING AND PAYMENT

5.1  Pricing and availability: The price for your products will be indicated on the order page. All prices are quoted in Australian Dollars and include GST at the prevailing rate. We try to ensure that all the prices shown on the website are accurate, however sometimes errors do occur. Where a product's correct price is lower than that paid, we will refund the difference to you, and despatch your order in the usual way. If the correct price is higher, we will contact you to confirm whether you still wish to proceed with your purchase before we accept your order. 

5.2  If a product you have ordered is not in stock, you will receive an email notifying you when the product will be available and your current order will be cancelled.  

5.3  How to pay: You can only pay for products via PayPal or using a valid debit card or credit card. We accept the following cards: VISA, MasterCard, and American Express. We will not take payment or charge your credit card until your order has been accepted and is ready to be shipped.

5.4  Delivery and packing charges: The prices shown on the website do not include postage and packaging charges; these will be shown separately on our website at the checkout stage before you place your order.

5.5  GST: Unless otherwise expressly stated, all prices shown on the website or other sums payable or Consideration to be provided under or in accordance with these Terms of Sale are exclusive of Australia’s Goods and Services Tax (GST), which will be applied (if applicable) and shown on the total amount of your order when you check out. For the purposes of this clause 5.5, the expressions "Consideration" and "GST" have the meanings given to those expressions in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6.     SHIPPING, DELIVERY AND AGE VERIFICATION

6.1  During the order process, you will receive an email from Customer Service to let you know when your products will be delivered.

6.2  When your order is ready to be shipped, we will take payment using payment method or card information provided by you during the checkout process.  Once your order has been shipped, we will send you a shipping confirmation email to let you know that your order is on its way.

6.3  We will only deliver to addresses and collection points in Australia, other than certain postcodes where we are not permitted by law to ship alcohol products.  These non-delivery postcodes are: 

QLD:

4605, 4713, 4816, 4825, 4830, 4871, 4876, 4895

WA:

6798, 6799, 6770, 6765, 6718, 6723, 6725, 6726, 6728, 6731, 6733, 6740, 6743, 6753, 6761, 6765, 6770

NT:

6798, 6799, 6770, 6765, 6718, 6723, 6726, 6728, 6731, 6733, 6740, 6743, 6753, 6761, 6765, 6770 

6.4  All deliveries must be signed for by a person of legal drinking age.  Proof of ID may be required. If no one is available at your address to take delivery we will leave you a note informing you that your delivery has been taken to your nearest collection point where you may collect it.

6.5  If, after a failed delivery to you, you do not collect your delivery within the allocated time, we will end the contract, the products will be returned to us and we will refund the cost of your order. We may charge you for storage and delivery costs or other costs we might have incurred in transporting or storing the products.

6.6  Once the products have been delivered, you will own them and be responsible for them. We will send you an order delivery notice by email to confirm that your order has been delivered.

6.7  Age Verification

The responsible sale, marketing, consumption and use of our products is important to us.  Please read the following requirements carefully to ensure we can deliver your products.

(a)  Delivery must be signed for by a person who is aged 18 years of age or over. Our couriers may ask for proof of age from the person who receives your order, so please ensure that the person who will receive the delivery has an acceptable form of photo identification which clearly states their date of birth.  Acceptable forms of identification include a passport, drivers licence or proof of age card.

(b) We reserve the right not to deliver your order if we or our courier are not satisfied that the person receiving the order is aged 18 or over. If this happens, we will contact you to verify your age and to re-arrange delivery for a time when it can be received by someone aged 18 or over.  You will be responsible for meeting the costs of redelivery.  We may also not deliver your order if we have reason to believe that the products are intended for use or consumption by someone under the age of 18, or have any other reason to believe that the product will not be used or consumed responsibly.  

(c) If we are unable to complete your order because of one of the reasons set out in Clause (b) above, we will cancel your order and refund you the cost of the products, less any delivery costs or other costs we might have incurred in transporting or storing the products.  

7.     CANCELLING AND RETURNING YOUR ORDER

Please see our Cancellation and Returns Policy for information about your rights to cancel and return your order. The Cancellation and Returns Policy sets out how we will address your request for cancellation or returns and gives you certain rights over and above your rights under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”).

8.     REFUNDS

Any refunds made by us to you for products returned to us will be made to the original method of payment you used to pay for your order, and will be processed within 14 days of our receipt of the products.

9.     OUR LIABILITY TO YOU

9.1  The products offered on our consumer storefront are for domestic and private use only and you agree not to use these products for commercial, business or resale purposes, and, subject to your rights under the ACL and section 9.3, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.2  We do not in any way exclude or limit liability we may have for:

(a)  death or personal injury caused by our negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  anything that cannot be excluded under the ACL; and

(d)  defective products under the ACL.

9.3  Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms of Sale by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. However, nothing in these Terms of Sale excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.

9.4  Except as required by the ACL, our liability for a breach of a non-excludable guarantee referred to in this section is limited, at our option, to any one or more of the following:

(a)  the replacement of the goods or the supply of equivalent goods;

(b)  the repair of the goods;

(c)  the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(d)  the payment of the cost of having the goods repaired.

9.5  Subject to your rights under the ACL and section 9.3, we will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of revenue, loss of data or loss of reputation (whether based on contract, tort (including negligence), statute or otherwise) arising in connection with the website, your content, the products or services listed on the website, all links to or from the website or the goods and services advertised or referred to on the website.

9.6  Subject to your rights under the ACL and section 9.3, our maximum aggregate liability of for all proven losses, damages and claims arising out of or in connection with these Terms of Sale or a supply under these Terms of Sale, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the actual amount paid by you for the particular product you have ordered that gives rise to the relevant liability.

10.   EVENTS OUTSIDE OUR CONTROL

10.1 Subject to your rights under the ACL and section 9.3, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event which is outside of our control  including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. 

10.2  If an event which is outside of our control takes place that affects the performance of our obligations under a contract:

(a)  we will contact you as soon as reasonably possible to notify you; and

(b)  our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over. 

11.   OTHER IMPORTANT TERMS

11.1 We may transfer our obligations under this contract to another organisation, but this will not affect your rights or our obligations to you under these terms. 

11.2  This contract is between you and us. No other person shall have any rights to enforce any of its terms.

11.3  Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, they must be read down to the minimum extent necessary to achieve their validity, if applicable, and be severed from these Terms of Sale in any other case, and the remaining paragraphs will remain in full force and effect.

11.4 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

11.5 Please note that these terms are governed by and must be construed in accordance with the laws in force in New South Wales, Australia. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by New South Wales law. You and we both agree to that the courts of that State and the Commonwealth of Australia will have exclusive jurisdiction in respect of all matters arising out of or relating to these Terms of Sale, their performance or subject matter. 

 

(BUSINESS ACCOUNTS)

BROWN-FORMAN AUSTRALIA PTY LTD (“BROWN-FORMAN” OR “WE”) WILL SELL OUR PRODUCTS ON THIS WEBSITE TO OUR BUSINESS CUSTOMERS ON THE BASIS OF THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY AND WRITE TO US IF ANYTHING IS UNCLEAR. BY PLACING AN ORDER TO PURCHASE OUR PRODUCTS FROM THIS WEBSITE, YOU ARE DEEMED TO ACCEPT THESE TERMS AND CONDITIONS, AS WELL AS OUR CANCELLATION AND RETURNS POLICY.  WHEN AN ORDER FROM YOU IS ACCEPTED BY US, A BINDING CONTRACT WILL EXIST ON THESE TERMS AND CONDITIONS. 

THESE TERMS WERE LAST UPDATED ON June 15, 2016.

1. INFORMATION ABOUT US

www.brownforman.com.au and www.brown-forman.com.au is operated by Brown-Forman Australia Pty Limited ABN 87 000 064 086. Our registered office is at 280 Elizabeth Street, Surry Hills, NSW 2010.  

Brown-Forman is dedicated to the sale of a range of high quality products and to providing a superior level of service to you, our customer. Please talk to us. Should you have any query regarding these conditions or any other matters relating to our services, please contact our customer service team by sending an email to [email protected]. If we need to contact you we will do so by telephone or by writing to you using the telephone number or email address you provide to us in your order.

2. QUALITY OF OUR PRODUCTS

    1. (a)Our products sold on this website are produced by international producers to carefully controlled standards with consumer satisfaction the ultimate aim. If you consider there is a failure on our part to supply products of the quality we specify or describe, then please let us know and, without limiting your rights (if any) under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) and clause 8(b), we will immediately arrange for an inspection. You will be informed immediately of the result of any quality examination and, without limiting your rights under the ACL and clause 8(b), Products we determine to be below standard will be replaced or your account credited with their invoiced value.
    2. (b)If you acquire our products as a consumer within the meaning of section 102 of the ACL, we are required to tell you that: “Our goods come with guarantees that cannot be excluded under the ACL. 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 the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.” 

3. PRICES AND PAYMENT

    1. (a)The price for your products will be indicated on the order page.
    2. (b)All prices are quoted in Australian Dollars and include GST at the prevailing rate and any other taxes, duties and levies less any discounts, if applicable.
    3. (c)We try to ensure that all the prices shown on the website are accurate, however sometimes errors do occur. Where a product's correct price is lower than that paid, we will refund the difference to you, and despatch your order in the usual way. If the correct price is higher, we will contact you for further instructions before we accept your order.
    4. (d)If a product you have ordered is not in stock, you will receive an email notifying you when the product will be available and your current order will be cancelled.  
    5. (e)How to pay: You can only pay for products via PayPal or using a valid debit card or credit card. We accept the following cards: VISA, MasterCard, and American Express. We will not take payment or charge your credit card until your order has been accepted and is ready to be shipped.
    6. (f)Delivery and packing charges: You can only pay for products via PayPal or using a valid debit card or credit card. We accept the following cards: VISA, MasterCard, and American Express. We will not take payment or charge your credit card until your order has been accepted and is ready to be shipped.

4. ORDERS

 

    1. (a)The products on this website are for purchase by Australian business customers only. Our website will guide you through the process you need to follow to place an order
    2. (b)We may accept or refuse any order for products in our absolute discretion and may make our acceptance of an order conditional (eg. upon a satisfactory credit assessment of you). 
    3. (c)We are under no obligation to enquire as to the authority of any person placing an order on your behalf. You will bear sole responsibility for ensuring that only authorised persons place orders on this website in your name using your account user name and password. You indemnify us for any loss or claims suffered by us by accepting an unauthorised Order made on the website using your account user name and password. 
    4. (d)You must provide us with accurate details in an order. We are under no obligation to enquire as to whether details contained in an order are accurate.
    5. (e)We will use our reasonable endeavours to fulfil accepted orders and comply with any requested or estimated date for delivery.  However, we are not liable for any delay in delivery or failure in supplying the products. We reserve the right to:
    • extend the date for delivery;
    • substitute the products in the order with equivalent products; 
    • supply a lesser quantity of the products than the quantity specified in the order; or
    • cancel an Order; 

 without liability for breach.

5. PRIVACY

Your submission of information through the website is governed by Brown-Forman's Privacy Policy (“Privacy Policy”), located at [insert link to Australian Privacy Policy], and these Terms and Conditions incorporate by reference the terms and conditions of the Privacy Policy.  You represent and warrant that any information you provide in connection with your use of the website is true, accurate and complete, and that you will maintain and update such information as needed such that the information remains true, accurate and complete. You must not submit any personal information of another individual through the website or otherwise in connection with your use of the website unless you first make them aware of our Privacy Policy and have their consent to submit such personal information in accordance with these Terms and Conditions.

6. SHIPPING AND DELIVERY 

    1. (a)During the order process, you will receive an email from our or TOLL’s Customer Service to let you know when your products will be delivered.
    2. (b)When your order is ready to be shipped, we will take payment using payment method or card information provided by you during the checkout process.  Once your order has been shipped, we will send you a shipping confirmation email to let you know that your order is on its way.
    3. (c)For orders made on the business storefront of this website, we will only deliver to business addresses and collection points in Australia, other than certain postcodes where we are not permitted by law to ship alcohol products.  These non-delivery postcodes are: 

QLD:

4605, 4713, 4816, 4825, 4830, 4871, 4876, 4895

WA:

6798, 6799, 6770, 6765, 6718, 6723, 6725, 6726, 6728, 6731, 6733, 6740, 6743, 6753, 6761, 6765, 6770

NT: 

6798, 6799, 6770, 6765, 6718, 6723, 6726, 6728, 6731, 6733, 6740, 6743, 6753, 6761, 6765, 6770

    1. (d)All deliveries must be signed for by a person of legal drinking age as evidence of delivery having been effected.  Proof of ID may be required.  If no one is available at your business address to take delivery we will leave you a note informing you that your delivery has been taken to your nearest collection point where you may collect it.  Title and risk passes to you upon delivery.  
    1. (e)Whilst every effort is made to comply with your delivery instructions, We are unable to guarantee delivery dates or times and we will not be liable to you or any other party for any direct, indirect, special or consequential loss sustained due to such delay. 
    1. (f)Upon delivery, you must examine the products carefully and note any shortage or defect.  If you discover a shortage in the quantity of the products delivered or any defect, please complete the online “Contact Us” form with the necessary details within 48 hours of Delivery.  Without limiting your rights under the ACL and clause 8(b), we will either arrange for delivery of the missing products or credit your account accordingly with the invoice price of the missing products.
    1. (g)Where products have not been delivered on the expected delivery day enquires should be directed to our Customer Service.

7. PARALLEL EXPORTING

You agree and acknowledge that the products are supplied by us to you for use or resale in the domestic Australian market only. You must not resell or offer to resell the products to any party not resident in Australia or to any party which you might reasonably suspect will resupply the products to any party not resident in Australia.  

8. CLAIMS AND LIABILITY

    1. (a)Subject to your rights under the ACL and clauses 8(b), (c), (d) and (e) and except as expressly set out herein: 
    • (i)all warranties, descriptions, representations, or conditions, whether implied by law, trade, custom, or otherwise are expressly excluded;
    • (ii)we will not be liable in any way whatsoever to you or any third party, whether in tort (including negligence), contract, or otherwise, for any indirect, special, or consequential loss or damage whatsoever and all such liability is expressly excluded; and
    • (iii)the liability of Brown-Forman in respect of any order will in any event be limited to the lesser of the Invoice Price, the cost of replacing the defective products and the actual loss or damage suffered by you. 
    1. (b)Nothing in these Terms and Conditions exclude, restrict or modify any consumer guarantee, condition, warranty, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
    1. (c)Subject to any statutory rights and remedies that you may have in respect of any claim by you that the products supplied were defective and subject to your rights under the ACL and clause 8(b), your rights and remedies will be limited in accordance with clause 8(a)(iii) and be subject to the following conditions:
      1. (i)all claims must be received by us within 14 days of Delivery and, where applicable, the dispatch number and/or Invoice number must be quoted by you;
      1. (ii)all claims must specifically identify the defect and, where possible in relation to products, be accompanied by the defective products or a sample thereof; and
      1. (iii)we will have a reasonable opportunity to investigate the claim and will not accept claims for products which have been damaged by you or any of your agents, employees, or contractors.
    1. (d)Except as required by the ACL, our liability for a breach of a non-excludable guarantee referred to in this clause 8 is limited, at our option, to:
      1. (i)in the case of goods supplied or offered by us, any one or more of the following:
      1. (A)the replacement of the goods or the supply of equivalent goods;
      2. (B)the repair of the goods;
      3. (C)the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. (D)the payment of the cost of having the goods repaired; or
      1. (ii)in the case of services supplied or offered by us:
      1. (A)the supplying of the services again; or
      2. (B)the payment of the cost of having the services supplied again.

(e)If we replace defective products, we will deliver such products to your premises at our expense. 

9. REBATES, DISCOUNTS AND ALLOWANCES

From time to time, Brown-Forman may offer business customers certain business- or volume purchase rebate, discount, allowance or incentive in relation to the products. To take advantage of this offer, you must claim this rebate, discount, allowance or incentive from us within 6 months of your order. If the rebate, discount, allowance or incentive is expressed by us to be open for a certain period of time (for example, a promotional period of 3 months), then the 6 month period within which you must make a claim for payment or reimbursement begins on the expiry of the relevant rebate, discount, allowance or incentive period. After this time our offer to you of a rebate, discount, allowance or incentive will no longer be open and a claim for payment or reimbursement will not be accepted.

10. CANCELLATION AND REFUNDS

Please see our Cancellation and Returns Policy for information about your rights to cancel and return your order.  The Cancellation and Returns Policy sets out how we will address your request for cancellation and returns and gives you certain rights over and above your rights under Schedule 2 of the ACL.

Any refunds made by us to you for products returned to us will be made to the original method of payment you used to pay for your order, and will be processed within 14 days of our receipt of the products.

11. AMENDMENT

These Terms and Conditions can only be varied or amended by Brown-Forman Pty Limited ABN 87 000 064 086 in writing. We will advise you of any amendment to these Terms and Conditions in writing to take effect in relation to orders made by you after notice to you. 

12. GOVERNING LAW 

These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, We and You submit to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia in respect of all matters arising out of these Terms and Conditions. 

 

 “B2B LAUNCH DEAL” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to claim and the gifts form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Claims are only open to Australian residents aged 18 years or over.
  3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to claim. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  4. Promotion commences on 01/03/2017 and closes at 11:59pm AEDT on 27/03/2017, or once all 200 gifts are exhausted, whichever occurs first (“Promotional Period”).
  5. To claim a gift, individuals must during the Promotional Period undertake the following steps:
    • Visit the Brown Forman online shop (“Online Shop”) at www.brownforman.com.au/shop; and
    • Purchase any two (2) items or more from the Online Shop in a single transaction.
  1. The Promoter reserves the right, at any time, to verify the validity of claims and claimants (including a claimant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the claim process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  2. Incomplete or cancelled transactions will be deemed invalid.
  3. Limit of two (2) gift claims per person. Offer is strictly limited to the first 200 valid claims received.
  4. There are a total of 200 gifts available to be claimed, which will be awarded to the first two hundred (200) valid claimants. Each gift is a $50 Online Shop voucher, which will be sent to successful claimants via email. Claimants must create an online account for the Online Shop, if they do not have an account already, in order to redeem the voucher.
  5. Any ancillary costs associated with redeeming the voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher. No responsibility accepted for lost, stolen or expired vouchers. Cannot be used in conjunction with any other offer.
  6. The Promoter’s decision is final and no correspondence will be entered into.
  7. The Promoter encourages consumers to enjoy responsibly.  Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines that are available at www.nhmrc.gov.au.
  8. If any gift is unavailable, the Promoter, in its discretion, reserves the right to substitute the gift with a gift to the equal value and/or specification, subject to any written directions from a regulatory authority.
  9. If for any reason a/the claimant does not redeem the gift by the time stipulated by the Promoter, then the gift will be forfeited.
  10. Total gift pool is $10,000.
  11. Gifts, or any unused portion of a gift, are not transferable or exchangeable and cannot be taken as cash.
  12. Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  13. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any claimant; or (b) subject to any directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  14. Any cost associated with accessing the Online Shop is the entrant’s responsibility and is dependent on the Internet service provider used.
  15. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  16. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim or gift claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (f) use of a prize.
  17. The Promoter collects personal information (“PI”) in order to conduct the promotion.  By providing the Promoter with your PI, you consent that any or all of the PI submitted by you may be held and used by the Promoter and other companies within the Promoter’s group of companies or the Promoter’s agents, partners or licensees, to contact you in relation to the promotion and to further promote, to consider ways of improving, and to send you information about, Jack Daniel’s products and services by email and as otherwise set out in the Promoter’s privacy policy, which is available at http://www.brownforman.com.au/privacy-policy. Your PI will be handled in accordance with the Promoter’s privacy policy which contains information about how to access and correct PI that the Promoter holds about you, and how complaints can be made and will be resolved.  If you do not provide all of the requested information you may be ineligible for the promotion and/or the Promoter may be unable to contact you with additional offers.  Your PI may be transferred to the United States and may be shared with third-party service providers who process your PI in the United States or Australia solely to enable the provision of services to the Promoter. Your PI may be transferred to another company or entity in the event that any part of the Promoter’s business is transferred to, sold to or merged with a company or entity or if the Promoter is required to do so by law, regulation or at the request of a public authority. If in the future, you do not wish to receive further communications from the Promoter and would prefer to be removed from its databases, if you simply wish to make corrections to your PI or if you have a complaint (which we will endeavor to resolve within a reasonable time), please inform us in writing at the address set forth in clause 23 below. All entries become the Property of the Promoter.
  18. The Promoter is Brown-Forman Australia Pty Limited (ABN 87 000 064 086) of Level 6, Tower B, 280 Elizabeth Street, Surry Hills, NSW 2000.

SA Permit T17/250


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