BROWN-FORMAN AUSTRALIA ONLINE LIQUOR STORE – TERMS OF SALE

(ACCOUNTS WITH VERIFIED LIQUOR LICIENSES ONLY)

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 December 18, 2018.

 

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 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 australiaecommcustomerservice@b-f.com. 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

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 are important to us, as is the responsible consumption of them so if you are under 18 years of age, you must not place an order with us.

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 register your business with us before using this storefront.

Please note that the products on this website may only be purchased to be delivered to designated locations in Australia.

 

3. QUALITY OF OUR PRODUCTS

(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.

(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.”

 

4. ORDERING FROM US

(a) How to place an order: You must be registered with us with a valid liquor license in order to be able to place orders on our website. 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.

(b) 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.

(c) 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.

(d) When we may refuse an order: We may reject your order if:

(i) your chosen product is not in stock;

(ii) we cannot obtain authorisation for your payment;

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

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

(v) it appears that the order mistakenly duplicates another; or

(vi) 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.

 

5. PRICES AND PAYMENT

(a) The price for your products will be indicated on the order page.

(b) All prices show on the website are exclusive of GST.  GST at the prevailing rate, and any other taxes, duties and levies less any discounts, if applicable, will be applied when you checkout your purchase.

(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.

(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.

(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.

(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.

 

6. ORDERS

(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.

(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).

(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.

(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.

(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.

 

7. PRIVACY

Your submission of information through the website is governed by Brown-Forman's Privacy Policy (“Privacy Policy”), located at https://legal.brown-forman.com/privacy-policy/english/, 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.

 

8. SHIPPING AND DELIVERY

(a) 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.

(b) 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: 0822, 0861, 0862, 0870, 0871, 0872, 0847, 0850, 0851, 0852, 0853, 0880, 0881, 0886

SA: 5723, 5734, 5680, 5690

(c) All deliveries must be signed for by a person of legal drinking age (i.e. 18 years old and above) 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.

(d) 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 returend 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. 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.

(e) Once the products are delivered to you by the driver, please ensure that you check and count your order for any variance or damage. Please note on the proof of delivery document (POD) of any issues and actions when you sign. Otherwise once the POD has been signed clean, transfer of ownership will be deemed to have occurred and you will be responsible for the products. We will send you an order delivery notice by email to confirm that your order has been delivered. 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.

(f) Where products have not been delivered on the expected delivery day enquires should be directed to our Customer Service.

 

9. 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.

 

10. CLAIMS AND LIABILITY

(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.

(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.

(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:

(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;

(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

(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.

(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:

(i) in the case of goods supplied or offered by us, 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; or

(ii) in the case of services supplied or offered by us:

(A) the supplying of the services again; or

(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.

 

11. 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.

 

12. 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.

 

13. AMENDMENT

These Terms and Conditions can only be varied or amended by Brown-Forman 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.

 

14. 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.