Terms & Conditions

Fairdinks.com.au Customer Agreement

By accessing or using the www.fairdinks.com.au (FD) you agree to be bound by these terms and conditions of use as amended from time to time.

 All prices on FD are shown in Australian Dollars.

FD employees and contractors take pride in exceptional customer service standards. We will attempt to meet your delivery timeframes and will do our utmost to accommodate your specific requirements on arrival. If you are at all unhappy with any aspect of service please email support@fairdinks.com.au. Your query will be treated confidentially and taken with the utmost importance.

FD takes pride in its product offerings. At times items shown on the website may become unavailable due to unforeseen circumstances. At such times FD may put the item on backorder or regret that the order cannot be fulfilled. In the latter circumstance a full refund will be issued.

Fairdinks.com.au refund policy is 100% of the purchase price. A delivery fee may be incurred depending on product (size and weight), location and circumstance of returning product for return pickup of product/s. Delivery fees, both for original delivery and return pickup are not refundable.

Disclaimer
In compiling the information contained on, and accessed through, this website fairdinks.com.au has used its best endeavours to ensure that the information is correct and current at the time of publication but takes no responsibility for any error, omission or defect therein.

To the extent permitted by law, fairdinks.com.au and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the information whether or not caused by any negligent act or omission.

AGREEMENT

This Agreement is a contract between you and fairdinks.com.au, owned and operated by AWEPIC Trust (ABN 51263068916) trading as fairdinks delivery, fairdinks.com.au and FD. It sets out the conditions under which you may purchase goods online from FD. By completing the customer application process and using FD, you are bound by this Agreement.

    INTERPRETATION
    THE AGREEMENT
    CUSTOMER APPLICATION
    ORDERS, DELIVERY AND COLLECTION OF GOODS
    RISK AND TITLE IN THE GOODS
    RETURNS, REFUNDS AND RELATED CREDITS
    PRICE OF GOODS AND PAYMENT
    SET-OFF
    OUT OF STOCK AND SUBSTITUTION
    PACKAGING AND LABELLING OF GOODS
    INTELLECTUAL PROPERTY RIGHTS
    LIABILITY
    USERNAME AND PASSWORD
    NOTIFICATION OF CHANGES
    PRIVACY AND SECURITY
    TERMINATION
    NOTICES
    SEVERABILITY
    LAWS

    INTERPRETATION

In these Conditions:

Agreement is an agreement between you and FD to supply goods, and consists of the order and these conditions;

Conditions are these conditions, and any agreed written variations;

Delivery Address is the address to which the goods are to be delivered as stated on the Order;

Goods are 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 is an order by you to purchase goods from FD;

Product List is the list of goods displayed on the fairdinks.com.au web site, as amended from time to time; and

Delivery Fee is the fee payable to FD in respect of delivery of the goods and handling costs associated with processing your order, as advised by FD from time to time.

    THE AGREEMENT

An agreement exists between you and FD once FD accepts an order or FD receives the order and does not reject. Each order is a separate Agreement.

    CUSTOMER APPLICATION

Application to be completed: You must complete a customer application before placing an order for goods with FD. You warrant that all information and data provided by you in the customer application is accurate, complete and up to date. You must promptly inform FD if there is a change to this information or data. Any costs of incorrect information in respect of order and delivery are your responsibility.

Set up costs: You are responsible for any costs associated with accessing the FD web site and placing an order for goods with FD, including any Internet provider fees.

Delivery area: In order to purchase goods from FD, the delivery address which you nominate must be within an area serviced by FD.  FD will advise you if the delivery address which you nominate is not an area where FD delivers. FD will not be obliged to continue to deliver goods to you if you change your delivery address and the new address is not in an area within which FD delivers goods.

Date of birth: If a date of birth is required under the Licensing Act 1982 for orders that contain alcohol and tobacco products, you will be required to provide this information at the time of registration or order.

    ORDERS, DELIVERY AND COLLECTION OF GOODS

Orders: You must place an order with FD by selecting goods and pressing the "Checkout Now" button. Orders are deemed to be received by FD at the time of successful transmission of the order.

Cancellation Fee: FD may charge you a cancellation fee of $50 for cancelled orders.

Delivery: FD will deliver the goods to you at the delivery address. FD will not commit to delivery beyond the front door of your home or office building. Front door means the front door or a point beyond which entry into the interior of the building occurs. If you request a delivery of the goods beyond your front door, you agree to continually indemnify and hold harmless FD (including its officers, employees, contractors and agents) from any loss or damage to the goods.  You also agree to continually indemnify and hold harmless FD (including its officers, employees, contractors and agents) from any loss or damage suffered or incurred by FD in connection with the delivery of the goods beyond your front door. 'Loss' means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

In store delivery: Customers may request FD to deliver goods from Costco stores. Delivery of in-store purchases are subject to the same conditions as online order and delivery.

Authorised receipt of Goods: FD does not require signature upon delivery and will leave deliveries at delivery address, whether or not an authorised person is at the premises.  Anyone at the delivery address (or upon collection) who receives the goods shall be presumed by FD to be authorised to receive the goods. FD may request that the person who receives the goods at the delivery address (or upon collection) provide satisfactory evidence of proof of age. FD may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide satisfactory evidence of proof of age. FD may refuse to provide liquor to a person who is intoxicated or not of the appropriate legal age.

Delivery fee: If required by FD, you must pay to FD the delivery fee (or such other fee as may be specified by FD) in respect of each order.

Additional delivery fee: If there is no one at the delivery address or no one of appropriate age to receive, sign and pay for the order when the order is delivered FD will endeavour to contact you and may charge an additional delivery fee. A cancellation fee may also apply.

Provision of liquor and similar products:If the order includes liquor or similar products in respect of which the law prescribes a minimum age to the purchase, you must ensure that a person over the age of 18 years (or such other minimum age as is prescribed by the law) is available to accept these goods.

Minimum value: There is a minimum value of $100 for each order. The minimum value excludes the delivery fee. FD may (in its absolute discretion) accept an order which is below the minimum value. The waiver of this requirement in one instance will not oblige FD to accept an order which is below the minimum value at any other time.

    RISK AND TITLE IN THE GOODS

Risk and title in the goods passes to you upon delivery (or upon purchase for in-store deliveries) and payment of the goods to the delivery address (or in the Costco store).

    RETURNS, CREDITS AND REFUNDS

Making a claim: If you wish to make a claim for a replacement product, refund or credit because:

    you believe that an item, which was ordered by you and which was in stock, has not been provided; or
    you are not satisfied with the quality of the goods you have purchased,

you must call FD  on 1800 702 025 within 30 days of purchase. An FD representative will assess your claim for a replacement product, credit or refund of the purchase price. FD reserves the right to inspect the goods before making the assessment.

You or the recipient of an order may return an item that has been purchased from FD because you have changed your mind or are unhappy with the product. If you return goods via an Australia Post keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.

Except where required by law, all returned products should be:

Unused, unopened and in original condition

Undamaged

Returned within 30 days of delivery

In a saleable condition upon return

In the event that you receive a defective or damaged product, we will refund the original product price, via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return.

Goods Damaged or Faulty on Delivery. Except where required by law, you must return damaged goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.

Credits: Credit for the value of any goods that you send back with the driver or credits applied for any other reason (including customer care or promotional activity), will be applied to your next order where your next order is a greater value than the credit. FD credit will be valid for use one year from the date of issue. Any balance that remains will not be available for use after the expiry date.

Where you receive notice that you have a dormant account/s which is to be closed or consolidated with another active account, any valid credits from the dormant account will be applied to the active account.

    PRICE OF GOODS AND PAYMENT

Purchase price: The purchase price of the goods as shown on the product list on fairdinks.com.au is the purchase price which is applicable at the time you view it. The purchase prices on the product list will not necessarily correspond to the prices in Costco stores.

Delivery Fee: You must pay the delivery fee in respect of each order.

Additional Fees: If charged by FD in accordance with clause 4, you must pay any late cancellation fee or additional delivery fee.

Total price of Goods: Goods in your order are charged at the purchase price applicable at the time you submit your order and as shown on the order confirmation, except:

    if a good is out of stock, in which case you will not be charged for that good;
    if you have given instruction that you will accept a substitute good, in which case the substitute good will be charged at the substitute good price
    if you have ordered a good that is priced per kilo, in which case the actual purchase price for the good is calculated by Costco after the good has been weighed and the purchase price charged will be actual purchase price per kilo applicable at the time

Tax invoice: Upon delivery of the goods, FD will provide you with a tax invoice specifying the total price for the goods, including credits applied and the delivery fee.

Method of payment: At the time you place the order, you will be required to select your payment method for online payment by credit card. Unless otherwise agreed, in order to receive the goods you have ordered, payment must be received by the selected payment method.

Online Payment by Credit Card:You may pay for the goods at the time you place the order by providing your credit card details on the FD web site and FD will process your payment using your credit card (MasterCard, Visa). If your credit card is declined by your financial institution, FD will not be able to guarantee delivery on the date or in the delivery window you selected and may contact you to make alternative delivery and payment arrangements. If you are not at the delivery address or organise a redelivery, the payment will be processed on the original date of the order. If the order is cancelled or refunded, the credit will be processed on the next business day. FD may decline to accept payment from you by credit card for any reason, and is not required to give reasons. If FD declines to accept payment from you by credit card, the order will not be processed and you will not be contacted. If you agree to make payment by another method that is acceptable to FD, FD may process the order or any further orders. If you have booked an in-store delivery, you may pay with cash or credit card upon delivery.

Customer Accounts: If you have an ABN registration, you may make an application to set up a customer credit account with FD. If your application is accepted, you will be required to sign terms and conditions which will include details in relation to payment methods. Terms and conditions of FD customer accounts will be provided to you upon request by contacting FD.  If your account is either suspended or closed in accordance with the terms and conditions of the Customer Credit Account, this Agreement and the facility may be either terminated or suspended by FD.

    SET-OFF

If you owe money to FD under one Agreement, FD may set-off that money against any money that you owe to FD under another Agreement. If FD owes money to you under one Agreement, FD may set-off that money against any money that it owes to you under another Agreement.

    OUT OF STOCKS AND SUBSTITUTION

FD may provide rainchecks in respect of goods ordered by you at FD’s discretion. FD will use its best endeavours to ensure that all goods ordered by you (and any agreed substitutes) are supplied to you. FD reserves the right to limit the sale of goods to reasonable or normal household quantities.

     PACKAGING AND LABELLING OF GOODS

FD 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. FD does not warrant the accuracy of the information contained in the product list and recommends that you read the instructions and labels on goods carefully before using or consuming the goods.

      INTELLECTUAL PROPERTY RIGHTS

You acknowledge that FD are licensed to use all intellectual property rights in fairdinks.com.au web site and related materials, including any images, photographs or text which appears on the FD web site. You must not make any representation to the contrary and you must not use or copy fairdinks.com.au or associated material in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the fairdinks.com.au web site are owned by or licensed to fairdinks.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.

      LIABILITY

FD will use reasonable care and skill in providing the FD website for your use.

Subject to the extent permitted by law, you release and discharge FD 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 FD or this Agreement (including the installation, downloading, use or performance of any software related to the FD website).  All care is taken to ensure that fairdinks.com.au websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

Any liability of FD arising out of or in connection with a breach of an express or implied warranty or condition in respect of Goods or deliveries supplied to you through use of FD (other than a condition or warranty implied by legislation which does not permit FD’s liability to be limited as stated) will, at the election of FD, be limited to:

    if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods; and
    if the condition relates to deliveries, the supplying of the deliveries again or the payment of the cost of having the deliveries supplied again.

provided that it is fair and reasonable to do so.

    USERNAME AND PASSWORD

You must take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You release and indemnify FD in relation to any liability arising out of the unauthorised use of your user name or password.

    NOTIFICATION OF CHANGES

FD may add to, delete, or otherwise change any of the terms of this Agreement. Your use of FD after notice will constitute your deemed acceptance of such changes.

    PRIVACY AND SECURITY

For details on the FD Privacy Policy, please click on the link Privacy Policy or refer to the Privacy Policy hyperlink on the Home Page.

    TERMINATION

FD may terminate or suspend this Agreement at any and may send you a system message advising that your shopping privileges have been removed. Termination of this Agreement may be effective immediately FD, in its discretion, may elect to terminate a user name or refuse to deliver to a particular address.

    NOTICES

FD may give notice to you by electronic mail, conventional mail to your address contained in the customer application information or notice posting on the web site. You may give notice to FD by electronic mail.

    SEVERABILITY

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provision.

    LAWS

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.

Fairdinks - 564 Hawthorn Rd Caulfield South VIC 3162