BANKS AND BLOOM DISTILLERY + LAB: TERMS & CONDITION
1. These Terms & Conditions govern your use of www.banksandbloom.com (Website) and the purchases you make through it. By using the Website, you agree with Aquila Black Ltd (Banks and Bloom) to be bound by these Terms & Conditions. If you do not accept these Terms & Conditions, you must refrain from using this Website. Banks and Bloom supports the Responsible Service of Alcohol. All online liquor sales are processed by Aquila Black Ltd (ABN 72 633 197 350) under Liquor Licence no. 618217476621 (WA).
2. Banks and Bloom sells its products within Australia. All services provided by Banks and Bloom, including any services provided through this Website and at Banks and Bloom venues are governed at a minimum by these Terms & Conditions and by all other specific policies or terms and conditions (Additional Terms) of Banks and Bloom identified on the Website from time to time. If there is any inconsistency, ambiguity or conflict between these Terms & Conditions and any Additional Terms, the Additional Terms shall have precedence to the extent of any inconsistency.
3. Banks and Bloom may revise these Terms & Conditions at any time by updating them on this Website. As you are bound by the most current version of these Terms & Conditions, each time you use this Website you should check these Terms & Conditions from time to time.
4. We encourage you to also refer to the Banks and Bloom’ Privacy Policy and Collection statement which govern how we collect, use and disclose your personal information (Personal Information).
Website
5. The information on this Website, such as the availability and description of Banks and Bloom products and merchandise, the availability and description of third party products and merchandise, all event information including Banks and Bloom’ Masterclass events, any promotional information, or delivery information may change from time to time without notice. While Banks and Bloom endeavours to keep the information on this Website accurate and up to date to the extent allowed by law, Banks and Bloom 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 events, products or services may change from time to time. All prices shown on this Website are in Australian dollars.
Orders and deliveries
6. You may purchase goods on this Website including Banks and Bloom products and merchandise and third party products and merchandise by selecting and placing your order through this Website in accordance with these Terms & Conditions and any applicable Additional Terms. Each purchase or request for purchase of Website Products are subject to these Terms & Conditions. Website Products are limited to the products available for purchase on this Website.
7. Purchase may only be made through this Website by using one of the valid payment methods indicated at the point of purchase (Payment Method). Any order placed through this Website for any products advertised on this Website is an offer by you to purchase the products for the price (including postage, packaging and any other applicable charges and taxes) notified to you at the time you place the order. Banks and Bloom retains the right to refuse any offer made by you. All orders are subject to Banks and Bloom’ acceptance and availability and confirmation of price.
8. Banks and Bloom may record all details of and incidental to orders made through the Website. Banks and Bloom records may include details of the forms of age verification required, credit card details (depending on the nature of the order(s) made and the payment method used via Banks and Bloom secure payment system) and the taking of photographs. Banks and Bloom will only use or disclose such records for reasonable purposes, which may include: proof of delivery, administration and record keeping requirements for compliance with liquor licencing laws, or in co-operation with law enforcement.
9. By placing an order with Banks and Bloom, 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 Payment Method (and any related credit or debit card, bank account or other value account linked to your Payment Method) used to complete the transaction, and that the nominated Payment Method will cover the full cost of the goods. By placing an order with Banks and Bloom, you authorise us to debit the amount payable from your Payment Method (and/or any related credit or debit card, bank account or other value account linked to your Payment Method). If we are unable to successfully process your Payment Method to fulfil your payment, we may notify you of the dishonour and cancel your order.
10. Words or expressions used in these Terms & Conditions that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act. 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’ (to the extent that Banks and Bloom is reasonably able to determine delivery costs in advance). Delivery costs may vary from the amount stated due to the ultimate destination of the order or other variables beyond Banks and Bloom’ reasonable control.
11. Banks and Bloom may replace or vary any Website Product prices from time to time prior to the placement of any order for Website Products made by you. Banks and Bloom will issue a tax invoice for each taxable sale of Website Products made to you.
12. All orders are subject to Payment Method approval and billing address verification. This includes orders associated with the same name, email address, billing address, credit card number or other information. After processing, please contact Banks and Bloom in accordance with the Order Query clause below if you have any questions regarding your order.
13. 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. Banks and Bloom reserves the right to require satisfactory proof of age prior to accepting an order.
Delivery
14. You must select a shipping option, the price of which will be shown on checkout. Deliveries cannot be made to PO boxes. You agree that we may rely on any person who is at the address you gave for delivery, who is over the age of 18, and who takes receipt of your ordered products, as being authorised for that purpose. If you have provided incorrect or out-of-date details, you agree that Banks and Bloom shall not be held liable for delivery to the address notified to Banks and Bloom. Banks and Bloom 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.
15. You will own the goods once they have been paid for and sent by us to you, and you will therefore be responsible for all risks of whatever nature that arise once the goods have been dispatched in good order by us to you.
16. Once your order is accepted and payment is processed, your order will be dispatched from our Wangara warehouse. Standard shipping to metro addresses takes between approximately 1 to 7 days, based on our delivery provider. Express shipping to metro addresses takes between approximately 1 to 3 days, based on our delivery provider. Shipping to regional locations may take longer, based on our delivery provider.
17. While Banks and Bloom and its delivery providers use all reasonable endeavours to deliver within its expected timeframes, Banks and Bloom does not warrant such time frames and does not accept liability for any loss resulting from late delivery, including delays caused by epidemic or pandemic. Delivery times are subject to postal carrier transit schedules and schedule variations and Banks and Bloom is not responsible for any carrier delay arising for any reason whatsoever.
18. Banks and Bloom may not fulfil delivery of your order for reasons outside of our reasonable control, or if we consider that the recipient of the order is unsuitable for any reason, including because the likely recipient of the products appears to be under the age of 18. In these circumstances, we will attempt to arrange a redelivery or issue a refund.
Northern Territory Orders
19. If you are a resident of the Northern Territory or are using this Website to make purchase(s) for delivery to a Northern Territory address prior to any offer or acceptance, additional price checks must be completed. You acknowledge that the final price of Website Product(s) are subject to such additional calculations to ensure Banks and Bloom’ compliance with the Northern Territory’s minimum floor price requirements under the Liquor Amendment (Minimum Pricing) Act 2018 (NT).
Gift vouchers
20. The following conditions set out the terms for the purchase and use of gift Vouchers issued by Banks and Bloom (Gift Voucher). By purchasing a Gift Voucher you agree to be bound by these Gift Voucher terms.
21. You must be over the age of 18 to purchase a Gift Voucher, or to make a purchase using a Gift Voucher.
22. All conditions shown on Gift Vouchers are to be read together with these Terms & Conditions and Additional Terms and all other notices displayed on this on this Website. Any queries regarding the Gift Vouchers (including the details of participating retail outlets) are to be directed to Banks and Bloom’ Customer Service team at info@banksandbloom.com or via this Website.
23. Banks and Bloom reserves the right to change these Gift Vouchers terms at any time. Changes to Gift Voucher terms will be available on this Website or by contacting Banks and Bloom. Each Gift Voucher must be purchased and used in accordance with these Terms & Conditions and any Additional Terms. Gift Voucher terms cannot be varied by you.
24. Gift Vouchers are valid for 3 years from the date of purchase and are valid for purchases of Website Products via the Website
25. You are responsible for the use, safety and security of your Gift Voucher. Lost, damaged or stolen Gift Vouchers will not be cancelled, replaced or refunded. Gift Vouchers are not stored value, credit or charge Vouchers and are not transferrable, exchangeable, refundable or redeemable for cash. Any unused Gift Voucher values are not transferable, exchangeable, refundable or redeemable for other goods or services and cannot be taken as cash. To the full extent permissible by law, you are liable for all transactions on your Gift Voucher.
26. Gift Vouchers may not, without the prior consent of Banks and Bloom, be resold or offered for resale or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser from Banks and Bloom or any other person. If a Gift Voucher is sold or used in breach of these Terms & Conditions or any Additional Terms, Banks and Bloom reserves the right to cancel the Gift Voucher without a refund. 27. Banks and Bloom reserves the right to refuse a Gift Voucher purchase of retail sales and ticketed events in any of the following circumstances:
o if the Gift Voucher holder fails to produce appropriate identification as proof of age;
o if the Gift Voucher holder is under the age of 18 years; and/or
o if the Gift Voucher has been sold or used in breach of these Terms & Conditions and Additional Terms.
Refunds and cancellations
28. Returns, replacements, credit notes and refunds are provided only where the product is faulty or damaged and is at the sole discretion of Banks and Bloom. Please notify Banks and Bloom within 5 days of delivery if you believe a product to be faulty or damaged. Banks and Bloom reserves the right to request and review evidence that the product is faulty or damaged prior to issuing a refund. Where Banks and Bloom 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 Banks and Bloom and confirmed faulty or damaged.
29. For change-of-mind or purchased-in-error returns, Banks and Bloom will refund your item up to 30 days from the date of purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the additional postage charges.
30. Banks and Bloom will notify you via email when your returned item has been received by Banks and Bloom. We will also notify you of the approval or rejection of your refund. If you are approved, then we will process your refund back on the Payment Method you paid with. Refund to your Payment Method may take up to 2 business days. If your refund is not approved, you are responsible for return postage.
31. 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 & Conditions.
32. Gift Vouchers are not refundable and will not be replaced nor money refunded after purchase.
33. Refunds of event tickets will only be issued at Banks and Bloom discretion. Refunds will be issued if an event is cancelled by Banks and Bloom.
Order queries
34. For refunds, cancellations and other order queries, Banks and Bloom can be contacted at info@banksandbloom.com
Events and safety
35. Banks and Bloom is committed to providing and maintaining a safe and healthy environment for all customers who attend all Banks and Bloom events, including Masterclass events. The unprecedented, and at times still unknown, nature of COVID-19 means that any activity requiring human interaction carries with it an inherent risk. While Banks and Bloom observes the health directives of relevant Government health and work safety authorities and uses its best efforts to mitigate any threat to attendees, by purchasing event tickets you acknowledge that you understand and accept the inherent risk of involvement in Banks and Bloom’ events and acknowledge that you have taken steps to reduce the risk you may pose to others attending any such event at Banks and Bloom’ premises.
36. By purchasing an event ticket through this Website, you:
a. a) acknowledge that you have an adequate standard of fitness, state of health and general level of wellbeing required to attend the event. You are aware that attendance at the event may not be without risk, and in undertaking and participating in the event, you expressly acknowledge that you accept and assume all risks associated with attending the event;
• b) agree to comply with Banks and Bloom’ policies and procedures relating to COVID-19 during the event. You understand that during the event, Banks and Bloom may at any time in their absolute discretion:
o stipulate standards of behaviour applicable to the event, including health and safety guidelines; or
o prohibit your participation in the event (or any part of the event) for health, safety or behavioural reasons,
and that as a result your attendance at the event may be delayed, rescheduled, cancelled or forfeited (in whole or in part), with no further remuneration or compensation payable to you;
• c) agree to comply with all instructions and directions given to you by any representative of Banks and Bloom during the event;
• d) agree that you have a duty to take reasonable care of your own health and safety, but also a duty not to adversely affect the health and safety of others;
• e) confirm that you have not:
o to the best of your knowledge, been in contact with a confirmed case of COVID-19 within the fourteen (14) days prior to the event;
o travelled overseas or interstate within the fourteen (14) days prior to the event; or
o experienced any COVID 19-like symptoms, or symptoms of respiratory illness generally within the fourteen (14) days prior to the event; and
• f) acknowledge that the appropriate and respectful treatment of all persons who you engage with during the event is an essential condition of your attendance at the event.
Intellectual Property
37. All materials on the Website, including but not limited to artwork, photographs, graphics, data, text and trademarks (Content), are owned by or licensed to Banks and Bloom 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 & Conditions or as indicated on the Website.
38. The use of Content by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms & 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.
39. Banks and Bloom 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.
40. You may not modify or copy the layout or appearance of this Website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
41. You agree not to circumvent, disable or otherwise interfere with security related features on the Website.
42. If you correspond or otherwise communicate with Banks and Bloom, you automatically grant to Banks and Bloom an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products and services.
43. Banks and Bloom appreciates any suggestions you may have regarding ways in which Banks and Bloom’ Website Products and this Website may be improved, or suggestions for materials which may be added to this Website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Banks and Bloom. Banks and Bloom may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
Outside links
44. The Website may contain links to third-party sites. Banks and Bloom provides these links as a convenience and does not endorse the companies or contents of any such sites. Banks and Bloom has no control over, is not responsible for, and makes no implicit or explicit representation or 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. You agree that you use such third-party sites at your own risk.
Warranty and liabilities
45. Banks and Bloom Website 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 Website Products repaired (where appropriate) 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. These Terms & Conditions and any Additional Terms do not restrict or modify the rights and remedies to which you may be entitled to under the consumer guarantee provisions of the Australian Consumer Law.
46. 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 Banks and Bloom 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.
47. Banks and Bloom makes no representations that this Website will operate error-free or that the Website, its servers or the Content are free of viruses or similar harmful features.
48. To the extent permitted by law, under no circumstances shall Banks and Bloom 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 of, or inability to use this Website or the Content even if Banks and Bloom 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 applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
49. Where Banks and Bloom provides you with a refund, you agree that the refund is the total amount of Banks and Bloom’ liability to you in relation to all circumstances relating to the refund.
50. You agree to indemnify, defend and hold harmless Banks and Bloom, its directors, management, officers, employees, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use of this Website or your breach of these Terms & Conditions or any Additional Terms. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Nothing in these Terms & Conditions derogate from Banks and Bloom’ right to maintain any action against you for any part of any unpaid purchase price, for any monies owed to Banks and Bloom or for any damages, loss, liability or other cause of action.
Privacy
51. Banks and Bloom collects and uses Personal Information including financial, contact or unique identifier information to ensure that the Website Products purchased are delivered to you; to advise you of any possible changes/cancellations that may occur in relation to the event you booked; and/or to confirm the identity of users and bill customers for products and services. If the Personal Information requested is not provided, the Banks and Bloom may not be able to facilitate your transaction, distribute products or contact you.
52. Banks and Bloom will not share your Personal Information with unrelated third parties without your prior consent. However, when you make a purchase through this Website, your consent is required for Banks and Bloom to provide your Personal Information to those third parties necessary to process your transaction with us such as venues, credit card companies and shipping and handling companies acting on Four Pillar’s behalf (which abide by the National Privacy Principles). Banks and Bloom may also use your Personal Information to keep you informed of products and future events via direct marketing, if you elect, at the time of booking, to receive this information. You may also change this choice in the future by contacting us with your request. Banks and Bloom will not use or disclose your Personal Information in any way, other than as disclosed in these Terms & Conditions, any Additional Terms and in our Privacy Policy and Collection Statement.
53. Banks and Bloom makes available its collection statement that details the Personal Information it collects, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties (Collection Statement). The Collection Statement will comply with Banks and Bloom’ disclosure obligations under the Privacy Act 1988 (Cth).
54. You can gain access to, update or correct any of your Personal Information by contacting Banks and Bloom’ Privacy Officer at info@banksandbloom.com All Personal Information will be stored by the Banks and Bloom in accordance with Banks and Bloom’ Collection Statement and Privacy Policy. A copy of the Banks and Bloom’ Collection Statement and Privacy Policy in relation to the treatment of Personal Information collected may be obtained on this Website link to our Privacy Policy.
Cookies
55. As a result of viewing this Website some information may become stored on your computer. This information may be in the form of a ‘cookie’ or similar file which may help us in many ways, for instance to improve the content of this Website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive, to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing this Website you consent to our use of any information gathered for the purposes mentioned above, including in accordance with our Privacy Policy.
General provisions
56. These Terms & Conditions and any Additional Terms 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.
57. If any provision of these Terms & Conditions and any Additional Terms shall become or be declared unlawful, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other provisions in these Terms & Conditions and any Additional Terms and may be severed without affecting any other provision.
58. These Terms & Conditions and any Additional Terms, together with the Privacy Policy and any other legal notices published by Banks and Bloom on the Website shall constitute the entire agreement between you and Banks and Bloom concerning the Website. Failure by Banks and Bloom to enforce any of these terms shall not constitute a waiver of such terms or any other terms. No waiver or consent shall be effective against Banks and Bloom unless in writing and no such waiver or consent shall be construed as a waiver or consent in any other or subsequent instance.