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This website  www.nuvevodka.com.au is owned and operated by Grand Master Distillery Pty Ltd (‘GMD’) ACN (655138926) ABN 37655138926 for Nuvé Vodka – Pre-retail licence 33779470 selling under remote seller’s licence 36304313. Your access and use of the website are conditional upon your acceptance and compliance with the terms and conditions set out below (Terms and Conditions). Your use or continued use of the Website constitutes your agreement to the Terms and Conditions.

GMD may change the Terms and Conditions from time to time.  Your continued use or access to the website following the posting of any changes constitutes acceptance of those changes.

Use of the website

1. If you use this website for any purchase, pursual or undertake any other activities through this website, you agree to be bound by the terms and conditions governing this website which form a contractual agreement between you and GMD. If you use this website, you agree to have read, understood and accepted these terms and conditions.

2. You may only use this website in accordance with these Terms of Use and any applicable laws and guidelines and you agree that you, your employees or any other agent acting on your behalf are also bound by these Terms of Use.

Restrictions

By browsing, accessing or purchasing Goods from this website, you agree and warrant that You or a third-party associate must not;

1. Use the website in a manner that is illegal, fraudulent, abusive or ill-mannered and any such activities may be referred to Law enforcement authorities.

2. Engage any activities that interfere with, disrupt, compromise or alter the website content, operations or infrastructure, servers or networks hosting the website.

3. Create burdensome or excessive traffic to the website

4. Attempt to alter, disable, breach, circumvent or interfere in any way with the security operations of the website including;

i. Gaining unauthorised access to website accounts, data or administration functions

ii. Altering the functionality of the website.

ii. Submitting any viruses, trojans or any malicious malware that alter the security, data or function of the website.

iv. Enforce limitations and denial of service against the website.

5. Act in a way that may diminish, adversely or negatively impact the reputation of the website or link it to any other website.

6. Violate any propriety, property, copy or privacy rights or any intellectual property.

7. Violate the Terms of use or any applicable laws and regulations

8. Copy, replicate, retransmit, sell, display or modify any part of the website without consent

9. Solicit or defraud unauthorised financial benefit from any other user of the website.

10. GMD may in its sole discretion restrict or stop providing access of this website to You, Your employees, sub-contractors or any associated third-party without prior notice.

11. GMD may without notice suspend, terminate or restrict access effective immediately relating to matters concerning fraud, malware, spam or cybersecurity data or Terms of Use breaches. GMD may withdraw this website or make any alterations to functionality and security without any notice.

Website content

1. GMD may add, remove or alter content at any time without notice.

Intellectual property

1. You acknowledge that all Intellectual Property, including all intellectual property rights, graphics, logos, trademarks, designs, distinctive brand features, images, text, icons, sound and video recordings and all software relating to this website, is owned, controlled by, or licensed to by GMD.

2. You may view this website and its contents for personal and non- commercial use only and subject to the Copyright Act 1968. You must not reproduce, modify, distribute, store, transmit, display or publish any part of this website or commercialise any information obtained from any part of this website and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos. GMD does not grant you any rights to use the Website for any other purposes unless it expressly consents in writing.

3. You may not modify or copy any computer software or code contained in this website or decompile or disassemble, reverse engineer or attempt to discover or access any source code related to this website.

Links to other websites

1. This website may contain Third Party links to other websites, content or resources. GMD does not control Third Party Content and operations and inclusion of any linked website or content does not imply approval or endorsement of Third-Party Content or websites.

2. GMD may include advertisements and links to Third Party Content or websites at own discretion but makes no warranty of the accuracy, reliability of the information or data contained within.

3. GMD is not liable or responsible for any matters pertaining to any Third-Party Content or links to Third Party websites.

4. Third party must seek approval from GMD to link to this website, content or resource and GMD has the right to prevent and refuse links to this website.

Supply Terms

1. By submitting an order to purchase Goods from the website, you confirm that;

i.  you agree that you are entering a contract where we supply You goods in exchange for full payment listed on checkout and that the contract is not formed until we approved payment with cleared funds using credit card or bank transfer and you receive a remittance email.

ii.. You comply with all legal requirements to access the Goods and You are of legally sufficient age (18+) to enter into a legally binding contract with us. Persons under 18 years are not permitted to place on Order.

iii Have authority to use the debit or credit card for payment.

2. GMD may supply Goods on invoice to approved wholesale buyers. GMD may issue an invoice for the cost of the Goods incurred in accordance to the price list, applicable delivery or freight charges, goods and services taxes (GST) and any other charges applicable to the supply of Goods.

3. All invoices issued by GMD must be paid by the due date.

4. All prices, charges, fees are calculated on the invoice plus GST, unless otherwise stipulated on the price list.

5. Payment for each invoice must be made together with the GST equivalent for the supply.

6. Invoices must be paid in cleared funds by credit card or bank transfer by the due date.

7. A penalty interest rate of 15% may accrue from the due date of payment for failure to pay by the due date.

8. All prices listed on the website or price list are subject to change without notice

9. Credit card surcharge fees may be charged for purchases completed using credit card facilities.

10. We may offer third party payment providers to collect payment for Goods. Additional fees may be applicable due to third party payment platforms and subject to the terms, conditions and privacy policies of the payment provider. GMD is not liable for the security performance of the payment provider.

11. In the event that Goods cannot be supplied where Goods are out of stock, a waiting list option may be provided or a cancellation will be offered. If a purchase is made with the knowledge the Goods are out of stock and a waitlist is enacted, a cancellation of order will not be offered.

12. GMD will work with their carrier partners to deliver the Goods to you at the Delivery Address provided. GDM will to the best of its ability deliver within the time agreed with you, however events beyond GMD’s reasonable control may occur from time to time such that these delivery times may not be met. If this occurs, GMD will endeavour to contact you to arrange an alternative delivery time.

Pricing errors

1. In the event an error or inaccuracy has occurred with the price of Goods or cost of freight, You may be contacted to correct the discrepancy as soon as possible or offered a cancellation. Where payment has been debited, all payments will be credited back to You in the form the original payment was made.

Promotions / Discount codes

1. Promotions and discount codes are subject to these terms and conditions. Offers are only available while stocks last or until the stated expiry date.

Cancellation

1. GMD reserves the right to cancel an order for any reasons and where payment has been cleared, will return the amount paid back in the form the original payment was made.

2. You agree that you cannot make changes to an order after it has been placed  and GMD accepts the order.

3. Return of Goods will only be accepted for refund in accordance with our obligations under the Australian Consumer Law for any defective goods and a valid proof of purchase is required for a refund or exchange consideration.

4. A request for refund or exchange for defective goods must be submitted within 3 business days of receipt of Goods.

5. A request for the defective Goods to be sent back to GMD may be made to further investigate the Goods before being deemed defective.

6. If determined defective, full amount paid will be credited back to the buyer in the form that the original payment was received.

7. In the event GMD upon exercising its discretion, agrees to cancel your order upon request after it has been placed, we may do so subject to you providing proof of purchase, the ordered goods being in their original condition and packaging and you agree to pay amount we request on account of GMD reasonable costs of the cancellation or return of Goods.

Risk and Title

1. Title of Goods is retained by GMD until payment is made and funds are cleared.

2. Title of Goods purchased passes, at our licenced premises where dispatch of the Goods occurs, onto the buyer once the Goods have been dispatched.

3. Immediately upon making a return for a purchased Good, you agree that the Title of those Goods shall pass back to GMD.

4. Upon placing an order, you agree that risk of loss or damage to those Goods relating to your order passes  on delivery including where delivery is to  unattended location including locations which are not attended by any person or which are attended by a peron who is not acting on your behalf. In the event a delivery is refused, the Title of the Goods remains with you.

Delivery pre-conditions

1. It is against the law to sell or supply liquor to, or obtain liquor on behalf of, a person under the age of 18 years. In placing a order for Nuvé Vodka, you warrant to GMD that;

i. You are over the age of 18 years and will produce evidence of age to the satisfaction when requested at the time of delivery,

ii. Any person that you are obtaining the Goods for, or supply the Goods to, is over the age of 18 years, and

iii. You will not take or supply any part of your Order to any liquor-restricted area or community.

2. GMD may cancel your Order before delivery if your order is in breach of this Agreement or any other relevant terms and conditions or is contrary to any law. In the event that an order is cancelled, GMD will endeavour to contact you t as soon as possible, to advise of the cancellation. GMD will not deliver your order if delivery circumstances are considered unsuitable for any reason, including;

i. Likely recipient of the ordered products appears to delivery personnel to be under the influence of alcohol or drugs.

ii. Under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable to accept delivery for any reason (including because they may be under 18 years)

iii. Requests for verification (such as proof of identity or age) are not met

iv. Unclear instructions authorising deliver to be left unattended in a safe place.

v. Risk of damage or theft of goods upon delivery.

3. GMD will work with their carrier partners to deliver the Goods to you at the Delivery Address provided. GDM will to the best of its ability deliver within the time agreed with you, however events beyond GMD’s reasonable control may occur from time to time such that these delivery times may not be met. If this occurs, GMD will endeavour to contact you to arrange an alternative delivery time.

4. GMD has no obligation to arrange insurance of goods against the risk of carriage and will not be liable for any loss or damage or failure to deliver the Goods.

Limitation of liability

1. While GMD makes every effort to confirm the accuracy of the information on the website, the material and services on this website are provided ‘as is’ and without warranties of any kind and you agree that GMD cannot be held responsible for inaccuracies or errors caused by information supplied to GMD and that you agree to make your own enquiries to verify the validity, quality and accuracy of the information.

2. Except where prohibited by law, GMD will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to the use of the Website, including the use of any information on the Website.

3. GMD does not warrant that;

i. The website will be free from error or defects and any information provided through the website

ii. The website will be accessible at all times.

iii. Messages sent through the website will be secure and confidential.

4. GMD reserves the right to update, without notice, any content, product descriptions, prices and Terms of Use.

Indemnity

1. You agree to indemnify GMD against all costs (including legal costs) expenses, losses, damages or claims arising in any way as a result of your failure to comply with any part of these Terms.

Personal Properties securities act – (for credit approval of retailers)

1. Definitions:

i. PPSA” means the Personal Property Securities Act (Cth) 2009.

ii. “PPSR” means the Personal Property Securities Register.

iii. “Security Interest” has the meaning prescribed to it in section 12 of the PPSA.

iv. “Security Agreement”, “Commingled Goods”, “Financial Statement”, “Financing Change Statement”, “Verification Statement”, “Collateral” and “Registration” have the meanings prescribed to them in section Ba10 of the PPSA

2. Where GMD has supplied Products to the Purchaser but where title in the Products has not yet passed to the Purchaser, the Purchaser acknowledges and agrees that:

i. these Terms constitute a Security Agreement for the purposes of the PPSA;

ii. the Purchaser will grant GMS a purchase money security interest (“PMSI”) under the PPSA in the Products and their proceeds to secure all amounts owed to GMD by the Purchaser;

iii. the GMD may register the PMSI on the Personal Property Securities Register (“PPSR”);

3. It will undertake to do all things necessary and provide GDM on request all information GMD requires to register a financing statement or financing change statement on the PPSR;

4. It undertakes not to change its name in any form or other details on the PPSR without first notifying the Supplier; and

5. It will, if required by the GMD, pay to the GMD the cost of registering and maintaining registration of the Purchaser’s PMSI on the PPSR, within 14 days of the request.

i. GDM need not give any notice under the PPSA (including a verification statement or a financing change statement) unless the notice is required by the PPSA and cannot be excluded.

ii. No party may disclose information of the kind referred to in section 275(1) of the PPSA (except where the parties may do so and where required due to the operation of section 275(1) of the PPSA (except where the parties may do so and where required due to the operation of section 275(7) of the PPSA) and the Purchaser must not authorise the disclosure of such information.

iii. The Purchaser appoints GDM as its attorney to sign in the Purchaser’s name all documents which the Supplier considers necessary to enforce and to protect its rights under these Terms.

6. The Purchaser agrees that to the maximum extent permitted by law, it waives any rights it may have pursuant to, and the parties contract out of, sections 95, 118, 123, 125, 128, 129, 130, 132(1), 132(4), 135, 142 and 143 of the PPSA.

i. The Purchaser acknowledges that unless otherwise defined in these Terms, the terms and expressions used in this clause 17 have the meanings given to them, or by virtue of, the PPSA

Guarantees – (for credit approval retailers)

1. Definitions

i. “Guarantor” means the person (or persons) who agree to be liable for the debts of the “Purchaser” on a principal debtor basis.

2. In the event the Purchaser is a corporation, the Directors of the Purchaser in consideration of GMD having entered into an agreement guarantees that the Purchaser will perform all its obligations under the agreement.

3. The Guarantor:

i. must pay on demand any amount which GMD is entitled to recover from the Purchaser under the agreement.

ii. indemnifies the GMD against all loss resulting from GMD having entered into an agreement whether from the Purchaser’s failure to perform its obligations under it or from the agreement.

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