T&C – Spirits of China

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Terms & Conditions

LAST UPDATE: 29 DECEMBER 2019.

This website www.spiritsofchina.com.au (the Site) is owned and operated by Evershine Australia Trading Pty Ltd T/A Spirits of China (ABN 87 104 375 546) (referred to as Spirits of China, us, we or our).  These terms and conditions including any other terms incorporated by reference (Terms) are a binding agreement between us and any person accessing the Site and/or ordering Products from the Site (referred to as person, you or your). If you do not agree to these Terms and to our Privacy Policy, do not access or otherwise use this Site or order any Products or any information or materials contained on the Website.

Account Registration

You must create a Spirits of China account (Account) to order Products from our Site but you may browse the Site as a guest. Accounts can be set up on the Site. If you create an Account, you automatically become a bronze member of our Spirits of China membership program (Membership Program) discussed later in these Terms. If you are an existing Kweichow Moutai flagship store member (located at Shop 2, 398 Sussex St, Haymarket NSW 2000) (KM Member), you may contact us to have your tier level applied to your Membership Program membership. 

There is no fee to create an Account and each person is permitted to have only one (1) Account. You must not maliciously create additional Accounts. Account holders must be eighteen (18) years or older, at the time of creating the Account, and have an Australian residential address. By creating an Account, you warrant that you are eighteen (18) years or older. 

We will request certain information from you to create an Account, including but not limited to, your name, email address, residential address and date of birth.   We may at our sole discretion refuse to create an Account for you if you do not meet the requirements for an Account.   You must provide accurate, up-to-date and complete information during the registration process and you must update such information to keep it accurate, up-to-date and complete.  

When you create an Account, you will be asked to create a password.  You are responsible for all activity on your Account and you must keep your password confidential and secure from any unauthorised use.   You will immediately notify us of any unauthorised use on your Account and you must take immediate steps to re-secure your Account in the event of unauthorised use.  We may refer fraudulent, abusive, or illegal activity to the relevant authorities and/or suspend your Account if we reasonably suspect that your use of the Site or access or use of the Site through your Account is contrary to these Terms or law. 

Privacy

We will comply with our Privacy Policy in our collection and use of your personal information (as defined under the Privacy Act 1988 (Cth)).  Your use of the Site is subject to the provisions of our Privacy Policy.  

If you access third party sites through the Site, such as our payment processors, you will be subject to their privacy policies with respect to any of your personal information that you may provide to them.

If you order Products on behalf of another individual, you agree to obtain the consent of that person to the provision of their personal information to us. 

We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information. 

If we disclose your personal information overseas (such as to China), you acknowledge that:

such overseas entities are not subject to Australian privacy laws;
and we are not required to ensure that those third parties located overseas comply with Australian privacy laws.

You consent to us disclosing your personal information to overseas entities in accordance with our Privacy Policy. 

Our Products

Our Site offers a range of products for you to purchase, including, but not limited to, spirits, gift packs and gift vouchers (the Products).  Spirits of China is authorised to sell the Products under its Moutai Liquor Licence LIQP770016658. You acknowledge that it is against the law for Spirits of China to sell or supply alcohol to, or for you to obtain alcohol on behalf of, a person under the age of eighteen (18) years.  

By purchasing Products from the Site, you warrant: 

you are eighteen (18) years or older; 
any person that you are obtaining the Products for, or supplying the Products to, is over the age of eighteen (18) years; and 
you are purchasing the Products for personal use and are not purchasing any Products for any trade purposes or for resale to any third parties.

We reserve the right to refuse any transaction on the Site where we suspect that it is fraudulent or contrary to law.  You agree to indemnify us, our employees, servants and agents from any liability, howsoever arising, which we incur as a result of your breach of this warranty.  

Consumer Law

The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties and remedies relating to our Products which cannot be excluded, restricted, qualified or modified by us (Non-Excludable Rights).  Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL. 

To the extent permitted by law, our liability to you for a breach of these Terms or the ACL will be limited to:  

offering you a refund for a major failure of our Product; or 
replacing the Product where it fails to be of an acceptable quality but the failure does not amount to a major failure.

Replacement Products will be shipped once we receive the faulty Product or satisfactory evidence of the faulty Product.

We guarantee the quality of our Products on delivery.  If you are not satisfied with the quality of our Products on delivery, please contact us to discuss your options.  Where applicable, we will comply with our obligations under the ACL. 

To the extent permitted by law, we exclude all warranties and conditions in relation to our Products implied by law including those contained in the Sale of Goods Act 1923 (NSW) and the equivalent Sale of Goods legislation in the other states and territories of Australia.   

Orders and Payment

To place an order for Products through the Site, you must be over 18 years of age, have an Account with us and a valid debit or credit card issued by a bank acceptable to us, or our payment processor. 

By placing an order for any Products through the Site, you are offering to purchase the Product in accordance with our Terms. Any orders placed are subject to availability and confirmation of the price of the Products. 

You must ensure that the information provided on your order is accurate. If we are unable to contact you about your order for Products, we may need to cancel your order and refund any money that you have paid. 

You must follow the instructions on the Site when making an order. We will send you an email confirmation when we receive your order, usually within 30 minutes of your order. This email only acknowledges your order and does not constitute acceptance of your order.  

Unless we have previously notified you that we do not accept your order for any Products, for any reason, or if you have already cancelled your order in accordance with these Terms, our acceptance of your offer to purchase the Products and the formation of a contract between us occurs when: 

we approve your payment; and 
we, or our payment processor, debits your account and the funds have cleared.

If any Product ordered by you is not in stock at the time of delivery, we will offer you the following options: 

deliver the remaining Products to you and deliver the unavailable Product when it comes back into stock; 
supply an agreed substitute Product; or 
refund you the cost of the unavailable Product.

All prices on the Site are in Australian dollars and are inclusive of GST (Goods and Services Tax).  Please see the Shipping Information section of the Site for more information on delivery costs. 

We reserve the right to vary prices on the Site without notice. We endeavour to ensure that all prices displayed are correct, but occasionally an error may occur. If we discover a pricing error, we will notify you as soon as possible and you may elect not to purchase any Products where the price has been corrected. 

We may withdraw or suspend any Products from sale through the Site at any time, for any reason, either on a temporary or permanent basis. We are not liable to you or any other person for any loss suffered as a result of the withdrawal or suspension from sale of any Products from the Site at any time. We will notify you as soon as possible if any Products you have ordered are no longer available for any reason. 

Our online prices may vary from our retail prices.  Promotional offers and prices are as stated, with no further discounts available. The final fee payable for your order and delivery (including any applicable handling fee) is shown at the checkout (Final Fee) and any fees displayed prior to checkout are estimates only.  You agree to pay the Final Fee at the time of checkout using one (1) of the payment methods provided on the Site.  Your payment must be cleared before we dispatch the Products to you.  If for any reason your card issuer declines your payment, we cannot hold your order and you must submit a new order. 

If you place consecutive orders with us, each as separate orders, we cannot consolidate the orders and separate delivery charges will be applied to each order. 

As Products purchased are for personal use and not for resale, if we have any concerns regarding the number of Product that you are purchasing from us, we may contact you regarding this at the time of or soon after you place your order for the Goods. 

Delivery, Title and Risk

You must nominate a delivery option from the options set out on the Site and location for delivery when placing an order with us. Delivery is currently only available within Australia (and subject to any restrictions on delivery).  You should check our Site to confirm our delivery locations before placing an order.  Our Site contains information on our delivery locations but we will confirm with you whether or not we can deliver your order at the time we receive your order.  If we are able to deliver your order, we will email you a tracking number at the time of shipment to allow you track your delivery.   

While we aim to deliver the Products to you within the estimated delivery time set out on the Site, we cannot guarantee that the Products will be delivered within this timeframe.  We do not control deliveries or delivery times once the Products have been dispatched from our warehouse. We use various third party couriers including Australia Post.   If your delivery has not arrived by the estimated delivery time, please contact us to discuss the next steps.  To the extent permitted by law, we will not be liable to you for any delay in delivering your Products. Processing may take longer during certain times of year. We do not process any orders for Products until our payment processor confirms that it has received payment for the Products.  

You must arrange for the Products to be accepted on delivery by a person eighteen (18) years or older.  If delivery is delayed due to your unavailability or refusal to accept the Products (or if you do not accept delivery of the Products within two (2) weeks of our first delivery attempt), we may:

charge you for storage fees up until the date of successful delivery; or   
cancel your order (in which case we will refund you the fees paid for the Product, excluding delivery and handling fees which are non-refundable).

Title to the Products passes to you once the cleared payment of the Final Fee has been received by us.  Risk to the Products passes to you once they have left our premises.  

Delivery Restrictions

There are certain restrictions with respect to the delivery of alcohol products in states and territories of Australia. The following restrictions on delivery are in accordance with local laws. If recipients do not comply with the requirements, delivery may not be completed. We reserve the right to request evidence of identity and age of any recipients of alcohol Products to comply with obligations regarding sale of alcohol Products. 

South Australia 

If the delivery is to an address in South Australia, the Products may only be delivered to: 

you; or 
an adult person nominated by you; or 
in accordance with your instructions.

The person taking delivery of the Products in accordance with (a) or (b) above will be required to:

sign a declaration as to their age; and 
if the person making the delivery considers (at their discretion) that the recipient may be a minor, require the person taking delivery to produce evidence as to their identity and age.

This evidence will be recorded by the person making the delivery and retained for at least 1 year following the delivery. It is an offence for a minor to make a false statement or produce false evidence in respect to this requirement. 

Tasmania 

If the delivery is to an address in Tasmania, the Products may only be delivered to: 

you; or 
to another adult person at those premises who undertakes to accept it on your behalf; or 
in accordance with your instructions.

The person taking delivery of the Products in accordance with (a) or (b) above may be required to produce evidence as to their identity and age. 

Western Australia and Northern Territory 

Due to local legislation, there are certain areas of Western Australia and Northern Territory to which we are not permitted to deliver alcohol products. If you or the recipient is located in such area, we will not be allowed to deliver the Products. 

Free Shipping

If we offer free shipping, it only applies as set out in Shipping Information section of the Site or in accordance with any other promotional offers or terms from time to time. Free shipping only applies to standard delivery in Australia and not to express shipping. 

Cash alternatives are not permitted when we offer free shipping. If you are eligible for free shipping, you are responsible for selecting the correct method of delivery to avail of the free shipping. 

Refunds

Unless otherwise stated in these Terms, if for any reason you are not satisfied with our Products, we will gladly offer you a refund provided that you notify us within seven (7) days from delivery and the Product is in its original condition with its labelling intact and is securely wrapped. You will be responsible for returning the Product to us in its original condition. We will also provide you with a refund where we determine, following receipt of your order, that we are unable to deliver the Products to your requested delivery location for any reason. We do not refund delivery and handling fees, except where we deliver the wrong Product to you. 

Recalls

In the unlikely event that any Products are subject to a product recall, we will post a notice on our Site and will contact you (or the recipient of the Product) by the most appropriate means, including by email, SMS, telephone, instant messaging or post. We will provide you with instructions regarding next steps with respect to returning the Products, in accordance with our recall notice. 

Licence

We own or are licensed all right, title to and interest in the Site including all content, text, images, trade marks and logos displayed on the Site (Spirits of China IP).  We grant you a limited, personal, revocable, non-exclusive, non-transferrable and non-sublicensable licence to use the Spirits of China IP for the sole purpose of accessing the Site in accordance with these Terms.  You acknowledge that other than the express licence granted to you in this clause, you obtain no other rights, implied or otherwise, in respect of the Spirits of China IP.  

The Site

While we try to ensure that the Site, including its functionality, performance and features, is available continuously, we do not warrant or guarantee: 

the accuracy of completeness of the Site; 
that access to the Site will be continuous or uninterrupted or error free; 
that any defects on the Site will be immediately corrected; 
that access to the Site will be secure; or 
that the Site will be free from viruses or other harmful applications, bugs or interference.

You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements. We will not be liable if this Site is unavailable at any time for any period. 

Prohibited Use

You must not misuse the Site. In using the Site and availing of any services available through the Site, you agree and acknowledge that you will not and will not attempt to, or permit any person to: 

derive or attempt to derive the source code or structure of all or any portion of the Site by reverse engineering, disassembly, decompilation, or any other means; 
interfere or tamper with any security-related or other features on the Site; 
reproduce, republish, adapt, alter, transmit, translate, distribute, “frame”, “mirror” or otherwise incorporate any part of the Site and any content on the Site, into any other website without our prior written consent; 
remove, tamper with any of the Spirits of China IP or any copyright, trade mark or other proprietary notice of ours or any other entity on the Site; 
do anything that imposes an unreasonable or disproportionately large load on the Site or any network or website connected to the Site; 
post to the Site or transmit or distribute any code, files or programs designed to interrupt  limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb; 
send any unsolicited advertising or promotional material through the Site;
or  commit or encourage a criminal offence.

Linked Websites

Our Site contains links to other websites including third party websites.  These websites are linked for your information only and do not represent or constitute an endorsement by us. We are not responsible for any content on these websites and we cannot guarantee the availability of any linked website.  

Exclusion of Liability

To the extent permitted by law, we exclude liability arising from or in connection with:

any adverse effect caused by the consumption of our Products due to an allergic reaction.  You are responsible for
reviewing the Product label for allergen information and determining if the Product is suitable for your consumption; and 
direct or indirect damages and consequential losses suffered as a result of fraudulent credit card use.

While we use our best efforts to ensure that the content on the Site is complete, accurate and up-to-date, to the extent permitted by law, we make no representations or warranties regarding it and we are not liable for any content which is inaccurate or out-of-date.  

We reserve the right to vary, modify, change or discontinue the Site or any part of the Site without notice and without incurring any liability.

Modifications

We may amend these Terms or any policies relating to our Site, including our Privacy Policy, at any time, at our discretion. 

Any such amendments will be effective on being published on the Site or as otherwise notified to you. You are responsible for reviewing these Terms regularly as they may be different when you make future orders for Products. Your continued use of the Site and our services constitute your consent to such amendments. 

We will not change any Terms for an existing order that has been accepted by us. The Terms that will apply to the order are the Terms that applied at the time you place your order. 

Complaints

We operate a complaints handling procedure to try to resolve any disputes with our customers. If you have any complaints, please contact our customer service team at info@evershine.com.au. 

Account Details

You are responsible for the safekeeping of your user name and password for your Account. You are liable if your account is misused by any unauthorised person. 

Severability

If any provision or part of these Terms is for any reason, declared invalid or unenforceable, the validity of the remaining portion of the Terms remains in full effect. 

Jurisdiction

These Terms are governed by the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.