Terms & Conditions
Liquor Licence Number: 36153453
1.1. This site at frothybeerclub.com.au is a shopping website where you can browse, select and order Products.
1.2. Frothy Beer Club supports the Responsible Service of Alcohol. It is an offense for a person under the age of 18 years of age to falsely represent themselves to be of, or over 18 years of age. We reserve the right to refuse to enter into the Agreement or accept an Order or Purchase to supply Products to any person we suspect to be under 18 years of age, or who is unable to satisfy us that they are 18 years of age or over, or who we reasonably suspect is going to supply alcohol to a person under 18 years of age.
1.3. Orders are made pursuant to Limited Liquor Licence No. 36153453.
1.4. Please read these terms and conditions before using the Site.
1.5. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
- Your agreement to the terms and conditions
2.1. By accessing and using the Site, including completing your registration, or placing orders for Products through the Site, you agree that you will be subject to and bound by, and will comply with, these terms and conditions.
2.2. You must be at least 18 years of age to use the Site and make any Order.
3.1. In order to gain access to the Frothy Beer Club Mailing List, you will be required to register on the Site.
3.2. The Frothy Beer Club Mailing List will provide opportunities to access exclusive offers and Frothy Beer Club announcements.
3.3. To register you need to supply us with personal information including your name, date of birth, delivery address, email address and other contact details.
3.4. You may not have more than one active account at any one time, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. There cannot be more than two accounts per billing address.
- Placing an Order for Products
4.1. You may Order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
4.2. You may only place an Order if you meet the following requirements:
(a) you are over 18 years of age;
(b) you are not purchasing on behalf of, or with the intention to supply to, a person under 18 years of age;
(c) the nominated place of delivery of the Products is within the area we deliver to; and
(d) the nominated delivery time of the products is within the delivery hours.
4.3. Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including any charges and taxes) at the time you place the Order.
4.4. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
4.5. You agree that all information provided by you to us, including but not limited to when you place an Order, is current, complete and accurate.
- Acceptance or rejection of an Order
5.1. We reserve the right to accept or reject your Order for any reason, including a cancellation in accordance with clause 9.
5.2. Each Order placed through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products.
5.3. We will wait up to 5 minutes at the nominated place of delivery. If you or your authorised representatives are not present within 5 minutes to accept delivery of the Products, we will deem the Order cancelled.
5.4. In the event of unsuccessful delivery pursuant to clauses 5.3, the Order price less the Cancellation Fee will be refunded to you within 24 hours of the delivery date.
- Minimum and maximum amounts in each Order
6.1. Unless otherwise indicated on the Site and otherwise subject to our obligations under all relevant laws, you may order up to 36 containers of beer or 2 bottles of spirits or 6 bottles of wine in a single transaction. There may be lower limits for promotional Products. We will inform you of these limits on the Site when you place the Order or within a reasonable time after you submit your Order.
6.2. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order and/or we may reduce the size of the Order.
6.3. If we reasonably believe you are placing multiple Orders, whether under the same or different registration details, for the purposes of circumventing the Order limits, all such Orders may be cancelled by us without notice to you.
- Delivery of Products
7.1. Product delivery is limited to Sydenham, Victoria and surrounding suburbs.
7.2. You agree to comply with the delivery requirements specified below and such other delivery requirements as made known by us to you when you place your Order or within a reasonable period after you submit your Order.
7.3. Products will only be delivered to the person named on the Order or an authorised representative who is at the address you have nominated for delivery.
7.4. We will not deliver Products to a person who is below the age of 18, appears intoxicated or is abusive.
7.5. We reserve the right to request proof of identity from any person receiving an Order.
7.6. If the person taking delivery cannot provide proof of identity and date of birth as required, or if they appear to be intoxicated or are abusive, delivery will be refused.
7.7. In the event of unsuccessful delivery pursuant to clauses 7.6, the Order price less the Cancellation Fee will be refunded to you within 24 hours of the delivery date.
7.8. You acknowledge that we may collect and record the details of any identification provided in relation to delivery of Products.
7.9. You acknowledge that you will check the labels on the Products before consumption or use.
- Risk and title
8.1. Risk and title in the Products passes to you at the time the Products are delivered to you.
- Cancelling an Order
9.1. We may cancel any Order, or refuse to accept an Order, or part of an Order at any time (including any Orders that we have accepted or issued an invoice for) without any liability to you for that refusal or cancellation, for any reason, including if:
(a) the requested Products in that Order are not available;
(b) we are unable to process your payment;
(c) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order;
(d) the placement of multiple orders exceeds the maximum Order amount outlined in clause 6.1;
(e) the Order would require delivery outside of permitted delivery hours; or
(f) we reasonably suspect fraudulent or unlawful activity.
9.2. If we cancel an Order:
a) for a reason specified in clause 9.1(a) to 9.1(e) we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount will be refunded to you.
(b) for any other reason, including for the reason specified in clause 9.1(f), we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount less the Cancellation Fee, will be refunded to you.
9.3. You may cancel an Order by contacting Frothy Beer Club at 0433 992 367.
9.4. If you cancel an Order and the delivery is on route, you will forfeit the Cancellation Fee.
- Fees and charges
10.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) any other fees and charges set out in these terms and conditions or as notified by us to you from time to time.
10.2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
10.3. The purchase price of each Product is shown on the product list on the Site at the time you place your Order
10.4. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.
- Payment methods
11.1. You must pay the fees and charges online using the online payment methods in clause 11.2.
11.2. We accept the following payment methods:
(a) Visa and Visa Debit;
(b) MasterCard and MasterCard Debit;
(c) American Express; and
11.3. If we are unable to successfully process your payment for your Order, then we may notify you of dishonour and cancel your Order.
11.4. You authorise Frothy Beer Club to debit the amount that is payable for an accepted Order from your nominated payment method to pay for the fees and charges.
11.5. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
11.6. We will email you a tax invoice after you have placed your Order which specifies the total fees and charges for the Products in the Order.
12.1. As part of our standard terms of service, we will ensure that all products provided meet Consumer Guarantees as defined by Australian Consumer Law.
12.2. If you are unsatisfied with the products provided or if the products provided are not as advertised and or a major problem is identified with the product, please contact us to find out more about our refunds & returns policies.
- General restrictions
13.1. You must not:
(a) make fraudulent or speculative enquiries, purchases or requests through the Site;
(b) use another person’s details without their permission or impersonate another person when using the Site;
(c) tamper with or hinder the operation of the Site;
(d) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(e) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(f) modify, adapt, translate or reverse engineer any portion of the Site;
(g) remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
(h) reformat or frame any portion of the web pages that are part of the Site;
(i) create accounts by automated means or under false or fraudulent pretences;
(j) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(k) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(l) use the Site other than in accordance with these terms and conditions; or
(m) attempt any of the above acts or engage or permit another person to do any of the above acts.
- Suspension of account
14.1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we deem that you have likely acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.
15.1. You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person collecting the Products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order with us.
16.1. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Australian Consumer Law:
(a) you acknowledge that the Site and each Product is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products, services and the Site or the subject matter of this agreement to the maximum extent permitted; and
(c) we (and our agents, employees, officers and representatives) will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind).
16.2. Our liability (and any liability of our related bodies corporate, agents, employees, officers and representatives) to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether the liability arises in contract, tort (including negligence), under any statute or otherwise.
17.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account for any reason.
17.2. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
17.3. We may terminate any Orders and will not be responsible or liable for failure to perform any obligation in connection with an Order or otherwise in connection with the use of the Site if such failure is caused by the occurrence of any matter beyond our control including, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
- Intellectual property rights
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the Material appearing on this Site without our prior written consent.
- Changes to these terms and conditions
19.1. We may change these terms and conditions at any time, without notifying you and such modifications will be effective as soon as they are posted. For future Orders, these terms may therefore be different. If following any such change you continue to use the Site, then you will be deemed to have accepted those changes or modifications.
19.2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
20.1. The Site may contain links to external websites that are not operated by us. These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
20.2. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
20.3. This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
20.4. We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Site, including in relation to product descriptions or other content of this site is provided in good faith. However, we do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Site.
20.5. We do not accept responsibility for any interference or damage to your computer system, including loss of data or security breaches, which may arise in connection with your use of the Site or any linked website.
Capitalised terms used are defined in these terms and conditions. In these terms:
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Cancellation Fee means $5 per delivery.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
Order means any order for a Product or Products submitted using the Site.
Product means each good or service that is advertised for sale on the Site.
Site means www.frothybeerclub.com.au.