Terms and Conditions

Tom Christopoulos & Sons Pty Ltd/ Trading as 1946 Distilling

Terms and Conditions

The customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the customer places an order or accepts delivery of the goods or by becoming a registered member, you, the customer, acknowledges that you have read and understood these terms and conditions and agree to be bound by the following terms and conditions, which constitute a contract between 1946 Distilling (“1946 Distilling”, “we”, “our” and “us”) and you. The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

  1. Liquor License

1.1. Purchases of alcohol products made through www.1946.au (“Website”), by delivery or in person are made pursuant to SA Producers License No. 57614664
1.2. No person under 18 years of age is permitted to place an order for or be the recipient of any alcoholic goods.

  1. Order

2.1. An Agreement exists between you and 1946 Distilling once 1946 Distilling receives and accepts an order from you.

2.2. No obligation to sell or supply the goods will arise until the order is received and accepted by 1946 Distilling.

2.3. Each order may be accepted by 1946 Distilling in its absolute discretion including, but not limited to, 1946 Distilling accepting an order by imposing limits on the number of goods ordered by a customer and requiring payment of all outstanding amounts owed by a customer to 1946 Distilling before accepting a further order of goods.

  1. Prices and Payment

3.1. All prices on this website are in Australian dollars and include GST. Prices may not include delivery charges and administration fees.

3.2. Payments for goods to be delivered must be made in full prior to delivery.
3.3. Payment may be made by cash, cheques, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three and one half percent (3.5%) of the Price), or by any other method as agreed to between the Customer and 1946 Distilling There may be fees, whether internal and/or external, linked with any of these methods of payment. All fees must be paid.
3.4. We reserve the right to cease special offers or change prices at any time without notice.

  1. Privacy Policy

1946 Distilling is committed to adopting the highest standards to safeguard our customer’s personal information. Please refer to our Privacy Policy www.1946.au which sets out how and why we collect and use your personal information.

  1. Change in Control

5.1 The Customer shall give 1946 Distilling not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or 2 | Page Vittorio Spirits 2020 fax number/s, or business practice). The Customer shall be liable for any loss incurred by 1946 Distilling as a result of the Customer’s failure to comply with this clause.

  1. Security

6.1. 1946 Distilling will take all reasonable steps to ensure the security of your personal information. Please refer to our Privacy Policy for further information on how 1946 Distilling has endeavoured to ensure the security of personal information.

6.2. 1946 Distilling is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures.

6.3. 1946 Distilling is not liable to you for any loss and damage caused by any viruses, cyberattacks and malicious software that access or attempts to access your personal information held by 1946 Distilling or the Website.

6.4. 1946 Distilling in no way guarantees the accuracy of information on external sites which can be accessed from links on this Website. External links are provided for your convenience only.

6.5. It is the responsibility of members of our site to protect their log-in details from being disclosed to any third party.

  1. Delivery Policy

7.1. Subject to you complying with these terms and conditions, we will deliver via Australia Post or any company of our choice to the address specified in the delivery instructions.
7.2. We reserve the right to charge a delivery fee

7.3. Please ensure someone is present at the delivery address to sign for the goods that is 18 years of age or older.

7.4. If no one is present at the delivery address to accept delivery of the goods, the goods will not be delivered and will be returned to an Australia Post Office for collection at your own cost. A further delivery fee may be applicable to have your goods redelivered to your delivery address if necessary.

7.5. Anyone at the delivery address who receives the goods will be presumed by 1946 Distilling to be authorised to receive the goods on your behalf. 1946 Distilling may request that the person who receives the goods at the delivery address provides satisfactory evidence of proof of age. 1946 Distilling will decline to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. Any goods will not be delivered to persons under the age of 18 years old or who fail to provide proof of age satisfactory to 1946 Distilling that the person is aged 18 years or over.

  1. Cancellations

Cancellation by Us

8.1. We may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. Any such cancellation shall be by giving you such reasonable cancellation notice as we are able to provide via any of the contact details we have for you. The circumstances in which we may cancel your order are if:
8.1.1. Any of the ordered goods are not available;
8.1.2. There was any error in the description of any ordered goods or their price as advertised by us;

8.1.3. your order is in breach of these or any other relevant terms and conditions or is contrary to a person’s rights or to any law; or

8.1.4. These terms and conditions provide that we may not deliver your order. Cancellation by You

8.2. You agree that you cannot change or cancel an order after it has been placed.

  1. Returns

9.1. Please choose goods carefully as any refund or exchange will be limited to rights expressly granted by law

9.2. If you are not satisfied with the quality of the services we provide or the condition of the goods you receive please contact us by email:info@1946.com
9.3. 1946 Distilling reserves the right to insist on the return of original items to its goods storage facility, at the customer’s expense before any refund can be considered.

  1. Limitation of Liability

10.1. You acknowledge that the service provided by 1946 Distilling is provided “as is” and that 1946 Distilling is not making and has not made any warranty or representation as to the goods or 1946 Distilling suitability for any particular purpose other than the mandatory statutory warranties. To the maximum extent permitted by law, all other warranties and representations are excluded.

10.2. To the extent permitted by law, you agree that any liability of 1946 Distilling arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you by 1946 Distilling will be limited to:

10.2.1. If the condition relates to goods, the replacement of the goods or the supply of equivalent goods, and

10.2.2. If the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

10.3. You accept all risk arising out of the installation, downloading, use or performance of the Website and any computer program that forms part of it.

10.4. To the maximum extent permitted by law, you release and discharge 1946 Distilling from all 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 your use of the Website or this Agreement, including, without limitation, loss or damage caused by the negligence of 1946 Distilling

  1. Risk and Title

11.1 All goods remain the property of 1946 Distilling until fully remunerated.
11.2 Risk and title in the goods passes to the purchaser upon delivery of the goods to the delivery address.

11.3 Receipt by 1946 Distilling of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognised.
11.4 It is further agreed that:

(a) until ownership of the Goods passes to the Customer in accordance with clause 11.1 that the Customer is only a bailee of the Goods and must return the Goods to 1946 Distilling on request.
(b) The Customer holds the benefit of the Customer’s insurance of the Goods on trust for 1946 Distilling and must pay to 1946 Distilling the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) The Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for 1946 Distilling and must pay or deliver the proceeds to 1946 Distilling on demand.

(d) The Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of 1946 Distilling and must sell, dispose of or return the resulting product to 1946 Distilling as it so directs.

(e) The Customer irrevocably authorizes 1946 Distilling to enter any premises where 1946 Distilling 1946 Distilling believes the Goods are kept and recover possession of the Goods
(f) 1946 Distilling may recover possession of any Goods in transit whether or not delivery has occurred.

(g) The Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of 1946 Distilling .
(h) 1946 Distilling may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

  1. Labelling of Goods

1946 Distilling aims to include in the product list up to date pictures of all the goods. Pictures are for illustrating purposes only and 1946 Distilling does not certify the accuracy of the information contained on the product list and recommends that you read the labels on the goods carefully before consuming the goods.

  1. License and Intellectual Property Rights

13.1. You are permitted to use our Website on your computer for your use in purchasing the goods from 1946 Distilling.

13.2. You acknowledge that you are not permitted to make any other use of the Website unless given written prior authorization by 1946 Distilling .

13.3. You acknowledge that any trademarks or logos which appear on the Website are owned by or licensed to 1946 Distilling or its related corporations and that you must not do anything to prejudice the rights of the trademark owner or license to such trademarks or logos.

  1. Disclaimer

14.1. 1946 Distilling makes no representations or pledges of any kind express or implied as to the operation of their Website or the information, content, materials or products included in this Website. You expressly agree that your use of the 1946 Distilling website is at your own risk.

14.2. To the full extent permissible by applicable law, 1946 Distilling disclaims all warranties, express or implied. 1946 Distilling cannot guarantee that it’s Website, its service, or emails sent from 1946 Distilling are free of viruses or other harmful mechanisms. 1946 Distilling will not be accountable for any damages of any kind arising from the use of this Website including but not limited to direct, secondary, incidental, disciplinary and significant damages.

14.3. You assume total responsibility for your use of the Website and any linked websites. Your sole remedy against 1946 Distilling for disapp

14.4. 1946 Distilling reserves the right to do any of the following at any time without notice:

14.4.1. Modify, suspend or terminate operation of or access to the Website or any portion of the Website for any reason;
14.4.2. Modify or change the Website or any portion of the Website including prices and any applicable policies or terms; and

14.4.3. To interrupt the operation of the Website or any portion of the Website as necessary to perform routine or non-routine maintenance, error, connection or other changes.

14.5 You must indemnify and hold harmless 1946 Distilling or its employees, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses, claims and damages arising from:

14.5.1. Any breach by you of these terms; or

14.5.2. Reliance by you on any information obtained through the Website.

  1. Default and Consequences of Default

15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at 1946 Distilling sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

15.2 If the Customer owes 1946 Distilling any money the Customer shall indemnify 1946 Distilling 1946 Distilling from and against all costs and disbursements incurred by 1946 Distilling in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, 1946 Distilling collection agency costs, and bank dishonour fees).

15.3 Without prejudice to any other remedies 1946 Distilling may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions 1946 Distilling may suspend or terminate the supply of Goods to the Customer. 1946 Distilling will not be liable to the Customer for any loss or damage the Customer suffers because 1946 Distilling has exercised its rights under this clause.

15.4 Without prejudice to 1946 Distilling other remedies at law 1946 Distilling shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to 1946 Distilling shall, whether or not due for payment, become immediately payable if: (a) Any money payable to 1946 Distilling becomes overdue, or in 1946 Distilling opinion the Customer will be unable to make a payment when it falls due;

  1. Severability

If any provision of these terms and conditions is (or is found to be) invalid or unenforceable, then it may be severed from these terms and conditions without affecting the validity and enforceability of any of the remaining provisions.

  1. Promotion and Product Availability

All specials, promotions, offers and discounted items are as advertised on the Website or disclosed via email or in person, are available only while stocks last unless otherwise advertised. All terms and conditions of these specials, promotions, clearances, offers and discounted items advertised on the Website or other means electronically or in person will apply.

  1. General

18.1. 1946 Distilling reserves the right at its discretion to close a customer account or cancel an order if it believes a person has breached these terms and conditions.

18.2. Should 1946 Distilling be prevented from carrying out its obligations by events beyond its control, 1946 Distilling will be excused from complying with its obligations whilst such events persist, and, at its option may elect to cancel any order without liability and refund the customer for any charges.

18.3 These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which 1946 Distilling has its principal place of business, and are subject to the jurisdiction of the courts in that state.

18.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Vittorio Spirits nor to withhold payment of any invoice because part of that invoice is in dispute.

18.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

Signed by Customer……………………………………………………………..

Print Name: ………………………………………………………………………….