Terms of service

This site is made available by The Firkin Whisky Co (5 Lisburne Avenue, Mitcham, SA 5062, Australia; ABN 61 674 557 656; Licence No 57702726) and is referred to as “ Firkin Whisky”, “us”, “we” or “our” in these Terms and Conditions.

Your use of this internet site (firkinwhisky.com) and the purchase of any goods from us, is subject to these Terms and Conditions. You agree to be bound by these Terms and Conditions by accessing, browsing, opening or using any part of this website, or otherwise purchasing goods from us.

If you do not agree with any of the Terms and Conditions of use, do not access or use this site, or otherwise purchase any goods from us.

Compliance with Licensing Laws

Persons ordering alcoholic beverages must be over 18 years of age.

We support the responsible service of alcohol. Under Liquor Licensing Act 1997, Liquor must NOT be supplied to persons under 18, it is against the law to supply alcohol to a person under the age of 18 years and/or for a person under the age of 18 years to purchase or receive. Proof of age maybe requested upon delivery.

In accordance with “New Laws for Liquor Licensing in South Australia” The Liquor Licensing (Liquor Review) Amendment Act 2017, issued by Consumer and Business Services SA, September 2018, we shall: display our liquor licence number on all direct sales promotional material; ensure our delivery provider is over the age of 18; ensure the purchaser is over the age of 18 and provides their date of birth at the time of the purchase (unless it has been supplied previously); instruct our delivery provider that the alcohol must only be delivered: to the adult person who purchased the alcohol; to the adult person nominated by the purchaser or in accordance with the instructions of the purchaser (this can include leaving the alcohol unattended).

We shall also instruct any delivery provider to comply with the following: any person who delivers alcohol must be aged 18 years or above; if it is clear to the delivery person that the recipient of the delivery is 18 years or above, the delivery person must: obtain a signed declaration (electronic or hardcopy) from the person accepting the delivery stating their name and that they are 18 or over; and keep a copy of the signed declaration for one year following the delivery; if it isn’t clear if the person receiving the delivery is 18 years or above, the delivery person must: view an approved form of identification, such as an Australian driver’s licence or a current passport; and keep a record of the type of ID produced, the name and date of birth, and the address where the liquor was delivered, for one year following the delivery.

A minor can be fined if they lie about their age, or if they show false evidence of age/identity in order to take delivery of liquor.

Price and Payment

All prices are stated in Australian dollars and are inclusive of GST. Please note: your browser must have cookies and javascript enabled to use our shopping basket technology effectively. Where a product is marked Out Of Stock, this indicates that the product is no longer available for sale.

Safe Secure Shopping. Our checkout is secured by the latest SSL Technology and uses CBA’s Payment Gateway.

Dispatch and Delivery

Please allow up to 14 days for delivery within Australia. Most deliveries occur much sooner than this. Please contact us for an approximate turnaround time.

You may order any mix of products you wish. All stock subject to availability and increases in government charges and our underlying prices.

Risk in all goods sold or supplied by us passes to you upon the delivery of those goods to you.

Freight is charged at $10 per bottle.

Any deliveries requiring redelivery, or redirection from an address provided by yourself to a new address provided by the recipient, will incur an additional charge.

There may be instances where packaging can be damaged in transit. Minor label and/or packaging scuff is impossible to avoid in every instance.

If you require a pristine example of the bottle and packaging please advise at the time of ordering and we will confirm the condition of the item(s) on hand and/or do our best to preferentially select the item(s). Alternatively, please contact us for advice.

We reserve the right to request further information such as photo ID and credit card information for validation of age, identity and address for security purposes. Failure to comply with requests for further information may result in cancellation of the order in question.

Refunds and Returns Policy

We will endeavour to resolve any issues with regard to Refunds, Returns and Replacements.

You have no right to cancel, or vary, any order for goods after we have accepted that order.

Notice of the intention to return, dispute or ask for a refund of an order must be given within 5 working days by contacting us.

Copyright

The copyright of this site belongs to The Firkin Whiky Co under the copyright laws of Australia, unless otherwise attributed. The content on our website may not be copied on to other websites or into other works or otherwise used without our prior written permission.

Intellectual Property

The Firkin Whisky Co is the owner of and/or authorised user of all registered and unregistered trade marks, patents, copyrights and other intellectual property appearing on this website unless indicated otherwise. Your access to or use of this site does not constitute or create a licence or any other right to that intellectual property.

No Warranties and No Liability

To the full extent permitted by law, The Firkin Whisky Co excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

To the full extent permitted by law, The Firkin Whisky Co excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.

These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; (the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of having the goods repaired.

Accuracy of Information

Any images used on our site are for illustrative purposes only and although every effort is made to ensure accuracy, these images may not be representative and should not be used as references for a product’s packaging, vintage, type of closure and colour etc, etc.

You acknowledge that information current at the time of placement on this site does not mean that more recent information does not exist or is not available, or that circumstances have not changed. It is your responsibility to verify the information contained on this website with independent authorities or to seek professional advice before relying on it. Substantial delays may occur before certain information is updated on this website.

We reserve the right to change pricing at any time and / or refuse the sale of a product.

Privacy Policy

We will collect, store, use, handle, transfer and delete personal information (as that term is defined in the Privacy Act 1988 (Cth)) collected while obligations under these Terms and Conditions in accordance with our Privacy Policy. Our Privacy Policy is available here.

General

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms and Conditions.

If a provision of these Terms and Conditions are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

These Terms and Conditions are governed by the laws of South Australia and each party submits to the jurisdiction of the courts of South Australia.