Terms & Conditions
This website is owned by and operated by:
The Gin Project Co. Pty Ltd (Trading as Chronicles Gin) ABN 42 637 904 520.
Throughout the site, the terms “we”, “us” and “our” refer to The Gin Project Co. Pty Ltd (Trading as Chronicles Gin).
We are committed to the responsible service and consumption of alcohol. You must immediately discontinue use of this website if you are not of the age of majority and legally permitted to purchase alcohol in your state or province of residence and in the state or province of purchase, delivery and consumption. For the sake of clarity, in Australia, no person under the age of 18 years is permitted to use this website or to make or receive any purchase from us.
We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By accessing or using any part of the site and/or purchasing any goods from us (“Products”), you engage in our “Service” and agree to be bound by the terms and conditions (“Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink, including our Shipping Policy, Returns and Replacement Policy, Privacy Policy and under our Liquor Licence. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If these Terms are deemed as an offer or an acceptance, then any resulting agreement is expressly limited to these Terms.
Any new Products, features, competitions or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website, without notice or obligation. Users must read and agree to these Terms whenever using this Service. Access and use of this Service following the posting of any updates constitutes acceptance of those updates.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Service to you.
Section 1 - Online Store Terms
By using the website and/or agreeing to these Terms, you represent that you are of the age of majority and are legally permitted to purchase alcohol in your state or province of residence and in the state or province of purchase, delivery and consumption.
You may not supply or make available any of our Products to any person that is not of the age of majority and legally permitted to purchase alcohol in their state or province of residence and in the state or province of purchase, delivery and consumption. Upon purchase of any Product, you indemnify us for any misuse of any Product in breach of these Terms. Delivery of any Products must be received by you the purchaser and is subject to our Shipping Policy.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of Service.
Section 2 - General Conditions
We reserve the right to refuse Service to anyone for any reason at any time.
Credit card information is always encrypted during transfer over any network. You understand that other content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We endeavour to provide accurate, current and complete information on this website, however we are not responsible if information made available on this site is not accurate, complete or current. The material on this website is provided as general information only. Any reliance on the material on this website is at your own risk.
Section 4 - Modifications to the Service and Product Prices
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products or Services (if applicable)
Certain Products or Services may be available exclusively online through this website. These Products or Services may have limited quantities and are subject to return or exchange strictly according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our Products that appear on the store. We cannot guarantee that your computer monitor's display of any colour or Product will be accurate.
We reserve the right, but are not obligated, to limit the sales and quantities of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at anytime without notice. We reserve the right to discontinue any product at any time. Any deemed offer for any Product or Service made on this website is void where prohibited or otherwise in breach of these Terms.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools that we do not monitor or control. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer additional services and/or features through the website (including, the release of new tools and resources). Such additional features and/or services shall also be subject to these Terms.
Section 8 - Third-party Links
Certain content, Products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you expressly waive any copyright interests in your Comments and agree that we may, at any time, without restriction, edit, reproduce, publish, distribute, copy, translate and otherwise use in any medium any Comments that you provide to us. Without limitation, we are and shall be under no obligation (1) to hold any Comments in confidence; (2) to pay compensation for any Comments; (3) to attribute Comments directly to you; (4) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You guarantee and agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 10 - Personal Information
You may be asked to provide personal information when using this Service or purchasing our Products. All personal information collected through this website will be stored and used in accordance with our Privacy Policy which is incorporated into these Terms.
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products delivered to you through the Service are (except as expressly stated by us) are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Gin Project Co. Pty Ltd (Trading as Chronicles Gin), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any Products procured using the service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the service, even if advised of such a possibility. Where a state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages our liability shall be limited to the maximum extent permitted by law.
Section 14 – Intellectual Property
Unless expressly excluded, all copyright, trademarks and other intellectual property rights contained within or created by this website are owned by or used with permission by Chronicles Gin Pty Ltd or The Gin Project Co. Pty Ltd (Trading as Chronicles Gin).
Section 15 - Indemnification
You agree to indemnify, defend and hold harmless The Gin Project Co. Pty Ltd (Trading as Chronicles Gin) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees or costs, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Section 16 - Severability
In the event that any provision of these Terms is deemed to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted under the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Section 17 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 18 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such a right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect of the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 19 - Governing Law
These Terms, together with any dispute or claim arising out of or in connection with its Terms, and whether contractual or non-contractual in nature, shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the exclusive jurisdiction of the Courts of New South Wales.
Section 20 - International Orders
Certain Products may only be available in a limited number of states, provinces or territories as directed at the time of purchase.
Import duties & taxes may be payable when your order arrives into your country, if your purchase is over the relevant tax-free threshold. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country or region you are shipping to. Payment of local taxes and charges may be necessary to release your order from customs on arrival. We are unable to advise the amount this may be as order values vary and destination country rules and regulations vary widely. You may obtain the relevant information from your local customs office to determine if your order will incur any additional charges upon entry into your country.
Section 21 - Contact Information
Further questions about these Terms may be sent to us at info@chroniclesgin.com.
Australia
