Terms and conditions
DEFINITIONS AND INTERPRETATION
"Client","You" and "Yours" refers to you, the individual accessing this website and accepting Skull & Barrel Terms and Conditions.
"The Company","Ourselves","We", and "Us" refers to Skull And Barrel.
"The Buyer" is the person who has successfully bid on a Lot.
"Lot" means any bottle of whisky, miniature or decanter.
“Legal Age” Any alcohol may ONLY be purchased AND/OR sold by to persons who are at least eighteen (18) years old in Australia or such other minimum age as is required in foreign jurisdictions.
“Courier” means the delivery company used by Skull And Barrel to fulfil delivery of Lots. This will vary according to location of delivery address.
LEGAL AGE OF BUYERS AND SELLERS
“Legal Age” Any alcohol may ONLY be purchased AND/OR sold by to persons who are at least eighteen (18) years old in Australia or such other minimum age as is required in foreign jurisdictions “Legal Age”.
By accessing this website and registering to use the Website as a Buyer or Seller, you confirm that you are the Legal Age.
Any alcohol may only be purchased by persons who are the Legal Age. Any registered User who bids on Lots listed by the Company agrees that any alcohol received as a Buyer will only be consumed by persons who are the Legal Age.
Any alcohol may only be sold by persons who are the Legal Age.
At delivery to the Buyer, any shipment containing an alcoholic beverage will require the signature of persons who are the Legal Age. Proof of age may be required by the Courier. If this is not shown, delivery may be refused by the Courier at their discretion.
The Australian laws govern these terms and conditions. By accessing this website, and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the Australian, Victoria courts in all disputes arising out of such access.
In the event that any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provision and shall not affect the validity of these terms and conditions or of any part thereof, or the right thereafter to enforce each and every provision
Client records are regarded as confidential and therefore will not be divulged to any third party. We reserve the right to do so if legally required by appropriate authorities.
Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request.
Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail, other than to inform you of upcoming sales or promotions, relevant news or to seek feedback to improve our service to you. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
EXCLUSIONS AND LIMITATIONS
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
· excludes all representations and warranties relating to this website and its contents or which is, or may be, provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
· excludes all liability for damages arising out of, or in, connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment must be completed in full within 3 days. All goods remain the property of the Company until paid for in full.
Cash, all major Credit/Debit Cards, BankTransfer are all acceptable methods of payment.
Domestic cards, Visa and Mastercard, payments are at no extra fee , however we charge 2% extra fee for American Express and Paypal. Also international cards will have extra 3% fee.
Domestic Bank transfer or pay ID are at no extra charge.
Skull And Barrel does not hold any credit card records for people who use this site. If you make a purchase using a credit card, you will be taken to a secure third party site, Stripe, which handles all our transactions. Your credit card information is never seen by us.
In the event that a chargeback is made by the customer via their credit card company we reserve the right to immediately ban the account while our investigations take place. We reserve the right for this ban to become permanent and our decision is final.
Delivery of Lots
A signature is required at the point of delivery. If the Buyer is not available to receive the order, a suitable person of Legal Age must be available to sign as per the Courier's terms.
Local Customs Charges
Some International deliveries may incur local customs charges. We are not responsible for the payment of any local Customs or Duties. All invoices will be stated at their true value, no exceptions will be made. By purchasing and have the order shipped, you are accepting full responsibility for these charges. We accept no liability and cannot refund orders where local customs fees have not been paid and bottles have been returned to us, and where costs are incurred for refused deliveries, this will be invoiced to your account.
We accept no responsibility for the accuracy of addresses supplied by the Buyer or processing of customs charges. Where extra information is required by the local customs teams or a Buyer requests a shipment to be returned, we reserve the right to charge an administration fee of $25 to cover our costs and time in addition to any other costs incurred.
Buyers must check, prior of buying, the local laws and regulations regarding importing of alcohol. We will not be responsible if the Customs at destination will refuse importation of such items.
Loss & Breakage liability cover
If the shipment is received and appears to be damaged, it is the responsibility of the Buyer to sign the courier's sheet in accordance with the actual condition. It is not sufficient to sign "unexamined".
If for any reason damage does occur, it is essential that You contact Us as soon as this is discovered but no later than 3 days after delivery. Photos of the damage must be sent via email to [email protected]u
No refunds will be given if there is no evidence provided of the damage / breakage of the bottles. We are unable to offer refunds for orders which sustain damage in transit that do not have Loss & Breakage liability cover. By removing loss and breakage cover you acknowledge that you ship entirely at your own risk. We will not be responsible for any loss or costs incurred.
Special Provision as to the shipping and conditions of the goods :
Due to the various ages of bottles and their seals, no claim can be lodged against failure/leakage in transit. Every effort is made by Us to ensure that the Lots reach You in good condition, the age of the bottle notwithstanding. Similarly, bottles with wax seals are not covered by the Loss & Breakage cover or standard courier liability. We accept no claims for these bottles.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, global pandemic or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled here under shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
DISCOUNT CODES , PROMOTIONS AND PRE-ORDERS
Discount codes apply as stated on site and must be added at check out. Discound codes do not apply to special offers.
By placing a pre-order with Skull & Barrel you agree to the following terms and conditions:
Pre-Order Deposit: A deposit of 50% of the total purchase price is required at the time of placing a pre-order. This deposit is non-refundable.
Delivery Timeframe: The estimated delivery time for pre-orders is 4-6 weeks from the date of order confirmation. However, unforeseen circumstances may affect the delivery time, and we cannot guarantee delivery within the stated timeframe.
Order Cancellation: If you choose to cancel your pre-order, you will forfeit your deposit. No refunds will be issued for cancelled orders.
Product Availability: Pre-ordering a product does not guarantee that the product will be available. We will make every effort to fulfill your pre-order; however, we reserve the right to cancel your order and refund your deposit in the event that the product is not available.
Changes to Order: Changes to your pre-order can be made within 24 hours of placing the order. After this time, no changes can be made.
Price Changes: Prices are subject to change at any time without notice. If there is a price change on the product you have pre-ordered, you will be notified and given the option to cancel your order or pay the new price.
Payment: The remaining balance on your pre-order will be due prior to shipment. We will send you a notification when your product is ready to ship, and payment must be received within 48 hours of this notification. Failure to pay the remaining balance within this timeframe may result in cancellation of your pre-order and forfeiture of your deposit.
LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company. The brand names and specific services of this Company featured on this web site are trademarked.
NOTIFICATION OF CHANGES
You are advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and Skull And Barrel, www.skullandbarrel.com.au . Your accessing of this website and/or undertaking of booking or Agreement indicates your understanding, agreement to, and acceptance of, the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Skull And Barrel does collect and analyse information from people who visit our site. Information tracked may include your Internet address and which pages you visited. Personal information, such as your name and email address, is not stored in this process. By using www.skullandbarrel.com.au, you agree to allow us to collect this information about your use of our site.
REMOVING YOUR INFORMATION
Skull And Barrel may send email notices about new services or information to those who have registered with an email address. If you ever wish to be excluded from these mailings, please send an email message to [email protected] with a request that you be dropped from future emailing.
At any time, users may request that their information be removed from our database by sending an email to [email protected]. After you have been removed from our files, certain portions of our website may no longer be available to you.
Skull And Barrel recognises your right to privacy. Any information we collect about you remains private and is in accordance with the General Data Protection Regulation (GDPR). Certain portions of our web site (www. skullandbarrel.com.au) may require you to sign in or create an account. Your private information (which may include your name, address, email address, and other information) may be shared with trusted third-party organisations for the purpose of making or receiving payments from you our improving our service to you.
Email: [email protected]
© Skull And Barrel 2022 All Rights Reserved