Terms and Conditions
By using our website, you agree to comply with and be subject to all of the following terms and conditions of use.
1. ABOUT US
(a) www.hotelbruny.com is operated by Westminster 1257 Pty Ltd ABN 69 094 437 171. Throughout this site, terms “We”, “Us” and “Our” refer to Hotel Bruny.
(b) Purchases of alcohol products through our site are made under Tasmanian Government Liquor Licencing Act 1990, Licence No. 71207157
2. ORDERING VIA OUR WEBSITE OR VIA THE PHONE
(a) It is a condition of purchase that you verify that you are 18 years of age or over is you are purchasing alcohol. 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.
(b) If you purchase alcohol products from us, you warrant to Us that you are over the age of 18 years and that any person that you are obtaining the products for, or supply the products to, is over the age of 18 years.
(c) All orders are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and refund you the total amount of your order, using the original method of payment.
(d) All prices are Australian dollars and are inclusive of GST. The total of your order and your delivery fees are estimated until your delivery details are provided in the checkout. You agree to pay the price of the products stated on our website. You also agree to pay the delivery and handling fee (when applicable) in respect of each order and all taxes, including goods and services tax. We reserve the right to vary prices on the Website without notice. The price payable for the product is the price applicable on the date the products are confirmed as ordered. Prices for our goods and services are subject to change without notice. For further information please see our detailed DELIVERY POLICY
(e) Credit card payments are accepted as payment for orders of products. Cheques, money orders and cash are not accepted methods of payment. Payment must be cleared before products are despatched.
(f) The delivery address which you nominate needs to be within a location where we provides delivery services via Fastway Couriers. We will advise you if the delivery address which you nominate ceases to be in an area where we deliver goods. We will not be obliged to continue to deliver goods to you if you change your delivery address and the new delivery address which you nominate is not in an area within which we deliver goods.
(g) We will not deliver your order if we consider any delivery circumstances may be unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they may be under 18 years).
(h) We/Fastway may charge you and you may be required to pay an additional fee if there is no-one at the delivery address or no-one of appropriate age to receive the order when the order is delivered.
(i) Hotel Bruny is not liable for any products damaged or lost during shipping.
(k) We may change these Website Terms at any time without notice. Please review these Website Terms regularly to ensure you are aware of any changes made.
3. REFUNDS, RETURNS, EXCHANGES
(a) We will not offer you a refund or exchange if 7 days have gone by since your purchase or if the item that was purchased was purchased on sale. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. For alcohol, we are not able to accept a return of an item that has been opened.
(b) We will not offer refunds or exchange on gift cards.
(c) Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If a refund is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment minus the original cost of shipping.
(d) We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and we will get back in contact with you.
(e) To return your product, you should mail your product to:
Hotel Bruny, 3959 Main Road, Alonnah Tasmania 7150
You are responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of original shipping will be deducted from your refund.
4. CONTENT AND INTELLECTUAL PROPERTY
(a) The content, layout, design, concept and organisation of the Site (Content) which is or may be the subject of patent, copyright, trade mark, design, confidentiality or other intellectual property rights (Intellectual Property) belonging or licensed to Us.
(b) By visiting and using the Site you acknowledge and agree that:
(i) We own all right, title and interest in, or are otherwise licensed to use the Intellectual Property in the Content;
(ii) you will not do anything to hinder, impede, invalidate or challenge Our ownership, entitlement to use, or registration of any part of the Intellectual Property in the Content; or which might diminish the value of the Intellectual Property in the Content; and
(iii) any use, downloading, copying, adaption, modification, communication, distribution or reproduction of the Site, the Content or the Intellectual Property in the Content other than as expressly permitted by these Website Terms and Conditions or by law is strictly prohibited, unless you have obtained Our prior written consent (which We can withhold in Our absolute discretion).
(e) Where Our Intellectual Property contains any of Our registered or unregistered trademarks, you must not use any of those trademarks:
(i) in or as the whole or part of your own trademarks;
(ii) in connection with activities, products or services which are not Ours;
(iii) in a manner which may be confusing, misleading or deceptive; or
(iv) in a manner that disparages Us or Our products or services (including the Site).
(f) You agree to use the Site and its Content for lawful purposes only.
(a) All information, advice or other data on the Site is provided as general information only and should not be relied upon.
(b) We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Site or its Content for any particular purpose.
(c) We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Site, or the Site’s inability to meet your needs.
(d) We have no control over and are not responsible for the content of any third-party sites linked to or framed within the Site, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Site should not be construed as an endorsement, approval or recommendation by Us of the linked web site or its content. We are not responsible for the content or privacy practices associated with linked web sites. When viewing a third party site, you should read the terms, conditions and privacy statements detailed on that site. Your use of or reliance upon such third-party websites is at your own risk.
(e) Your use of and any reliance you place upon the Site and its Content are entirely at your own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond Our jurisdiction and control and that of Our suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to Us.
(f) We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site, which is beyond Our control. For the avoidance of doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site or any linked website.
(g) You are prohibited from using the Site or the Content:
(i) for any unlawful purpose;
(ii) to solicit others to perform or participate in any unlawful acts;
(iii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(v) to submit false or misleading information;
(vi) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
(vii) to collect or track the personal information of others;
(viii) to spam, phish, pharm, pretext, spider, crawl, or scrape; or
(ix) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
Hotel Bruny reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
To the fullest extent permitted by law and without limiting any rights available under the Australian Consumer Law:
(a) all conditions and warranties concerning the Site and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
(b) in no event will We (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Site or the Content;
(c) We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site, the Content or the Services;
(d) any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and
(e) remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms.
(a) Your rights and obligations under these Website Terms may not be transferred or assigned directly or indirectly without Our prior written consent. We may transfer or assign Our rights and obligations under these Website Terms.
(b) To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been read down or deleted to the extent necessary to overcome the difficulty.
(c) Our rights and remedies under these Website Terms cannot be waived except in writing signed by Us. Our Delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does Our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of Our other rights.
(d) We will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.