Membership Agreement
This agreement is a contract between you and Susanne Catherine Gallpen and Sarah Ann Lygo Gallpen trading as Grog on Wheels whose office is GPO Box 11055, Adelaide SA 5001 ("Grog on Wheels").
Persons under 18 years of age are not permitted to become members, place orders for alcohol, purchase alcohol or accept delivery of alcohol.
This agreement sets out the terms and conditions under which you may purchase products online from Grog on Wheels. Please read the following terms and conditions carefully before submitting your membership request and placing your subsequent orders with Grog on Wheels. By completing the membership process and using the Grog on Wheels services you agree to be bound by the terms and conditions of this agreement.
In this agreement:
- • "Agreement" means an agreement between you the member and Grog on Wheels to supply goods and services. The agreement consists of the order and these terms and conditions.
- • "Conditions" means these terms and conditions and any agreed written variations.
- • "Delivery address" means the address to which the goods are to be delivered as stated on the order.
- • "Delivery fee" means the fee payable to Grog on Wheels in respect of delivery of the goods and handling costs associated with processing your order as advised by Grog on Wheels.
- • "Goods" means the goods and services displayed on www.grogonwheels.com.au as amended from time to time described in an order and includes packaging.
- • "Intellectual property rights" includes all rights in respect of copyright, trademarks, patents, designs and protection of confidential information, whether arising under statute or otherwise.
- • "Order" means an order by you to purchase goods from Grog on Wheels.
The Agreement
An agreement exists between you and Grog on Wheels once Grog on Wheels receives and accepts an order. No obligation to sell or supply the goods will arise until the order is received and accepted by Grog on Wheels. Grog on Wheels is authorised to unconditionally appropriate the goods to the order upon acceptance of the order. You can place an order with Grog on Wheels and once payment has been authorised by your financial institution orders will then be deemed to have been received by Grog on Wheels and you will receive confirmation that your order has been accepted.
Each order is a separate agreement.
Membership
You warrant that all information and data provided by you in the member application is accurate, complete and up to date. You will promptly inform Grog on Wheels if there is any change to this information or data. You are responsible for any costs associated with accessing the Grog on Wheels site and placing orders for goods on Grog on Wheels including any internet provider fees.
Delivery of Goods
In order to purchase goods from Grog on Wheels, the delivery address that you nominate will need to be within an area where Grog on Wheels provides delivery services. Grog on Wheels will advise you if the delivery address which you nominate is not in the delivery area where Grog on Wheels delivers goods and services. Grog on Wheels will not be obliged to continue to deliver goods and services to you if you change your delivery address and the new delivery address which you nominate is not in an area which Grog on Wheels delivers goods and services.
Grog on Wheels will deliver the goods to you at the delivery address during the authorised licensed trading hours. Grog on Wheels, and all couriers or delivery companies acting for and behalf of Grog on Wheels, will take all care and reasonable precautions to ensure the order is delivered correctly and in good condition. Grog on Wheels will take no responsibility for incorrect delivery details provided by you or any liability for goods not received at the delivery address upon correct receipt of delivered order.
Receipt of Goods
Anyone at the delivery address who receives the goods will be presumed by Grog on Wheels to be authorised to receive the goods. If the order contains special instructions for delivery then Grog on Wheels and its agents will adhere to those special instructions if they are reasonable and within the bounds of legal and ethical ramifications. An additional delivery charge may be made if special instructions for a delivery necessitate more than one attempt at delivery. Grog on Wheels accepts no responsibility for incorrect delivery of goods due to unauthorised use of a credit card account or address details.
Inability to accept delivery
If the person accepting delivery of an order is under 18 years, or could be under the age of 18 years and cannot provide acceptable proof of age or if the delivery driver is of the reasonable opinion that the person accepting delivery of the order is intoxicated, and the order includes alcohol, the driver will not deliver the alcoholic portion of the order at that time. You will be liable for all costs, return of goods, transportation, and subsequent redelivery of goods.
Change of delivery address
If you fail to notify Grog on Wheels of changes to your current delivery address upon receipt of goods, Grog on Wheels is not to be responsible for incorrect delivery of goods. You will be liable for all costs, including the return of goods, transportation and subsequent redelivery of goods.
Risk and Title
Risk and title in the consumable goods and merchandise passes to you upon delivery of the consumable goods and merchandise to the delivery address. Hire equipment remains the property of Grog on Wheels at all times however you are responsible for the hire equipment during the hire period (see Hire Agreement for further details).
Returns or refunds
If at any time you are not satisfied with the quality of the goods you have purchased, you may contact Grog on Wheels within seven (7) days of receipt of the goods by sending an email to enquiries@grogonwheels.com.au.
If your goods have a defect, don’t do what they are supposed to do, were purchased for a particular purpose on our advice and don’t do what we said they would do or don’t match the description or sample we gave you, we will provide you with a full refund, or if you wish, replacement goods to the same value. You will not be entitled to a refund if you simply change your mind about the goods or how much or what type you have purchased, you are responsible for a fault or defect or damage to the goods, if you knew of the fault or defect or damage at the time of purchase or you discover that the goods can be purchased cheaper elsewhere.
Payment of Goods and Services
Grog on Wheels' prices are subject to variation on a daily basis. The price payable for the goods will be the price applicable on the date the goods are confirmed as ordered.
You will pay for the goods at the time of sending your order. You may use your credit card (MasterCard, Visa, American Express or Diners Club) account. Grog on Wheels is an online business and does not have facilities to accept cash payments.
Out of Stocks & Substitution
Grog on Wheels will not provide credits in respect of goods ordered by you or delivered to you. Grog on Wheels will use its best endeavors to ensure that all goods ordered by you (and any agreed substitutes) are supplied to you.
Packaging and Labeling of Goods
Grog on Wheels aims to provide up to date pictures of the goods. At times, the picture of the goods may differ from the goods actually supplied to you. Grog on Wheels does not warrant the accuracy of the information contained in the goods description and recommends that you read the labels on goods carefully before consuming the goods. All information, labeling, text, graphics, pictures, logos, and any other form of advertising including bottles and company logos are deemed public assess and are available to members from product bottle descriptions and merchandise readily available upon purchase of the respective goods. Grog on Wheels accepts no liability for incorrect information or picture graphics supplied and does not represent the parties who provided them.
Licence
You are licensed to access the Grog on Wheels website from your computer for your use in purchasing goods and services from Grog on Wheels. You acknowledge that you are not permitted to make any other use of or copyright information, text, or graphics from Grog on Wheels unless given prior written authorisation by Grog on Wheels.
Intellectual Property Rights
You acknowledge that Grog on Wheels own or are licensed to use all intellectual property rights in Grog on Wheels website (including, but not limited to, any images, photographs or text, which appears on the site). You agree that you will make no representation to the contrary, and that you must not use or copy Grog on Wheels in any manner which is inconsistent with the rights of the owner or licensee of such intellectual property rights.
You agree to indemnify Grog on Wheels and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all legal advisers’ fees) that may arise from your order for goods acceptance of your order, delivery of your order and from your unauthorised use of material obtained through Grog on Wheels, from your breach of this agreement, or from any such acts arising through your use of Grog on Wheels website.
You acknowledge that any trademarks or logos which appear on the Grog on Wheels site are owned by or licensed to Grog on Wheels, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
Liability
You agree that any liability of Grog on Wheels arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you through use of Grog on Wheels (other than a condition or warranty implied by legislation which does not permit Grog on Wheels' liability to be limited) will, at the election of Grog on Wheels be limited to:
- (1) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
- (2) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
To the extent permitted by law, you release and discharge Grog on Wheels from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this agreement) arising out of or in connection with Grog on Wheels or this agreement, including, without limitation, loss or damage caused by the negligence of Grog on Wheels.
Security
You agree to take responsibility for the safekeeping of your credit details and passwords. You are liable if any unauthorised person uses your credit card and passwords. You agree to release and indemnify Grog on Wheels in relation to any liability arising out of the unauthorised use of your credit card account and passwords.
Notification of Changes
Grog on Wheels may add to, delete, or otherwise change any of the terms of this agreement by giving you notice as provided in Notices. Your use of the Grog on Wheels services after such notice will constitute your deemed acceptance of such changes.
Confidentiality of Your Information
Grog on Wheels reserves the right to disclose information regarding Grog on Wheels members and use of the Grog on Wheels services to third parties providing that the information will not specifically identify you or any personal information supplied by you.
Grog on Wheels also reserves the right to disclose information regarding Grog on Wheels members and use of the Grog on Wheels services including personal information if we consider it necessary to comply with law or to protect the rights and property of Grog on Wheels or others.
Termination
Grog on Wheels may terminate this agreement at any time by giving you notice as provided in Notices. Termination of this agreement will take affect on the day notice is sent or such later date as specified in the notice.
Notices
Grog on Wheels may give notice to you by electronic mail or by conventional mail to your address contained in the membership application, provided by you. You may give notice to Grog on Wheels by electronic mail to enquiries@grogonwheels.com.au or in writing to:
Grog on Wheels
GPO Box 11055
Adelaide SA 5001
Miscellaneous
Grog on Wheels operates under Direct Sales Liquor Licence 51401681 which provides that alcohol can be delivered seven (7) days a week between the hours of 8.00am and 9.00pm excluding Good Friday and Christmas Day.
Grog on Wheels and its associated businesses take no responsibility for consumption of alcohol in the home under the direction of individuals, parents and minors, guardians, legally Court appointed guardians and the person's responsible for the premises at time of consumption of alcohol on said premises.
The laws of South Australia govern this agreement.
If you have any questions or concerns about this agreement please contact us for more information.
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