Terms and Conditions
These terms and conditions govern your use of the Whisky Galore website and the purchases you make through it. By using this website, you agree with Whisky Galore Australia Pty Ltd (Whisky Galore) to be bound by these terms and conditions. Whisky Galore supports the responsible service of alcohol and carries on business under Online Package Liquor Licence LIQP770017183.
Whisky Galore offers products and services in Australia. At this stage, we do not offer products outside of Australia.
Whisky Galore may revise these terms and conditions at any time by updating them on this webpage. As you are bound by the most current version of these terms and conditions each time you use the Whisky website, you should check these terms and conditions from time to time.
The information on this website, such as the availability and description of whisky products, any promotional information, or delivery information may change from time to time without notice. While Whisky Galore endeavours to keep the information on this website accurate and up to date, Whisky Galore assumes no responsibility for, and offers no warranties or representations regarding, the accuracy, reliability, completeness or timeliness of the website (including the representativeness of images of products and packaging). In particular, features of and information about third party products or services may change from time to time. All prices shown on the website are in Australian dollars.
Orders and deliveries
You may purchase goods on this website by selecting and placing your order through this website in accordance with these Terms and Conditions. You must control a Paypal account to purchase goods through this website. Any order placed through this website for any goods advertised on this website is an offer by you to purchase the goods for the price (including postage, packaging and any other applicable charges and taxes) notified to you at the time you place the order. We retain the right to refuse any offer made by you. All orders are subject to availability and confirmation of price.
By placing an order with Whisky Galore, you confirm that all information (including delivery address and payment information) that you have provided in completing the order is true and correct. You warrant that you are an authorised holder of the Paypal account (and any related credit or debit card, bank account or other value account linked to your Paypal account) used to complete the transaction, and that the nominated Paypal account will cover the full cost of the goods. By placing an order with Whisky Galore, you authorise us to debit the amount payable from your Paypal account (and/or any related credit or debit card, bank account or other value account linked to your Paypal account). If we are unable to successfully process your Paypal account to fulfil your payment, we may notify you of the dishonour and cancel your order.
Unless otherwise stated, all prices are inclusive of the Australian Goods and Services Tax (GST) and you acknowledge and agree that GST will be automatically applicable to each order placed. Delivery costs will be charged in addition to all prices, such additional charges being clearly displayed where applicable and included in the 'Total Cost'.
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years, and you must confirm that you are 18 years of age or over before your order will be accepted. Whisky Galore reserves the right to require satisfactory proof of age prior to accepting an order. You must also select a shipping option, the price of which will be shown on checkout.
Deliveries cannot be made to PO boxes or anywhere outside of Australia. You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose. If you have provided incorrect or out-of-date details, Whisky Galore disclaims liability for delivery to the address notified to Whisky Galore. Whisky Galore may have regard to any delivery instructions (at point of delivery) provided by you, but does not accept responsibility or obligation to carry out such instructions. You agree that you take on the risk of loss of or damage to products once products are delivered to the notified address (or delivery company depot, if applicable), even where such address is unattended by you.
Once your order is accepted and payment is processed, your order will be dispatched from our Sydney warehouse. Standard shipping takes between approximately 1 to 7 days, based on our delivery provider. Express shipping takes between approximately 1 to 3 days, based on our delivery provider.
While Whisky Galore and its delivery providers use all reasonable endeavours to deliver within its expected timeframes, Whisky Galore does not guarantee such time frames and does not accept liability for any loss resulting from late delivery.
We may not fulfil delivery of your order for reasons outside of our reasonable control, or if we consider any that the recipient of the order is unsuitable for any reason, including because the likely recipient of the products appears to be under the influence of alcohol or drugs or under the age of 18. In these circumstances, we will attempt to arrange a redelivery or issue a refund which may be subject to an additional return fee.
Refunds and cancellations
Returns, replacements, credit notes and refunds are provided only where the product is faulty or damaged. Please notify Whisky Galore within 5 days of delivery if you believe a product to be faulty or damaged. Whisky Galore reserves the right to request and review evidence that the product is faulty or damaged prior to issuing a refund. Where Whisky Galore accepts a return, free return shipping may be provided and a replacement, credit note or refund will be issued once the product is received by Whisky Galore and confirmed faulty or damaged.
We may also cancel your order for delivery in exceptional circumstances, in which case we will issue you a refund. These circumstances include, but are not limited to, where the ordered products are not available, if there was an error in the price or description of the ordered products, or we consider that your order is in breach of these terms and conditions.
All materials on the website, including but not limited to artwork, photographs, graphics, data, text and trademarks (Content), are owned by or licensed to Whisky Galore and are subject to copyright and other intellectual property rights. Content is protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted, and may not be used except as permitted in these terms and conditions or as indicated on the website.
The use of Content by you, or anyone else authorised by you, is prohibited unless specifically permitted by these terms and conditions or specific permission is provided elsewhere on the website or specific permission is obtained from us or the third-party owners. Any unauthorised use of images and logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes.
Whisky Galore reserves all other rights to the Content. You acknowledge that you do not acquire any ownership rights by printing, copying or distributing any Content from the website.
You agree not to circumvent, disable or otherwise interfere with security related features on the website.
Restrictions on Use
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website in a manner that sends more request messages to Whisky Galore’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
Notwithstanding the foregoing, Whisky Galore grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials. Whisky Galore reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. Publication of electronic addresses on the Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages. You agree not to solicit any users of the website for any commercial purposes.
The website may contain links to third-party sites. Whisky Galore provides these links as a convenience and does not endorse the companies or contents of any such sites. Whisky Galore has no control over, is not responsible for, and makes no implicit or explicit representation and warranty and disclaims to the extent permitted by law all liability with respect to any such site, any content on any such site (including its accuracy, validity, or legality) or any such site's privacy practices. Use such sites at your own risk.
No Warranty or Liability
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. 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 products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law.
Without displacing the operation of the Australian Consumer Law and to the extent permitted by law, this website and all Content is provided "as is" and Whisky Galore disclaims all warranties, express or implied, of any kind, including warranties of merchantability or fitness for a particular purpose and non-infringement. You agree that you use the website at your own risk.
Furthermore, Whisky Galore makes no representations that the website will operate error-free or that the website, its servers or the Content are free of viruses or similar harmful features.
To the extent permitted by law, under no circumstances shall Whisky Galore be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, lost profits, lost data or business interruption) that result from the use or inability to use the website or the Content even if Whisky Galore has been advised of the possibility of such damages. Furthermore, our liability to you for loss or damage of any kind arising out of or in connection with our agreement or relationship with you is reduced to the extent that you cause or contribute to the loss or damage. This clause 25 applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Where Whisky Galore provides you with a refund, you agree that the refund is the total amount of Whisky Galore’s liability to you in relation to all circumstances relating to the refund.
These terms and conditions and any dispute or claim arising out of or in connection with the website or Content shall be governed by and construed according to the laws of New South Wales, Australia without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction of the courts of New South Wales or the Federal Court sitting in New South Wales, Australia to resolve any claims or disputes arising from or relating to the website or the Content. Any claims arising from or in connection with the website or the Content must be brought in such courts within one year after the event giving rise to such claim.