LEGAL STUFF

 

RETURNS & REFUNDS

Your satisfaction is very important to us.

Our Returns Policy includes the rights you have under the Australian Consumer Law (see below) and provides you with additional benefits in addition to those rights, because your satisfaction is important to us.

Your rights under the Australian Consumer Law

‘Our goods 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.’

If in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will cheerfully refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return if Three Foxes Distillery is at fault. That is, if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or Three Foxes Distillery has breached a consumer guarantee. In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the customer.

You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact our Customer Service Team as soon as possible on 1300 872 306. You may check your order status. If the order status is ‘Order being processed’, please contact the Customer Service Team to confirm whether there might still be time for us to agree to you changing or cancelling your order.

Every attempt will be made to accommodate your request, however unfortunately no guarantee can be given once an order has been placed.

 

 

PRIVACY POLICY

Respecting your privacy

Three Foxes Distillery is committed to compliance with privacy laws which apply to its businesses and which set out standards for the management of personal information.

This policy outlines our personal information management practices. Specifically:

  • the kinds of personal information we collect and hold;
  • how we collect and hold it;
  • the purposes for which we collect, hold, use and disclose it;
  • your right to access and seek correction of it;
  • how you may complain about privacy matters; and
    our sharing of your personal information overseas.

There are some matters to which this policy does not apply. These are referred to, (see clause 9 below).

What kinds of personal information do we collect and hold?

The personal information we collect and hold is what is reasonably necessary for our business functions and activities. When we collect and hold personal information, it is of the following kinds:

  • your personal details such as your name, addresses, telephone numbers, age and gender;
  • what, how and when you buy from us or have expressed an interest in buying from us;
  • your stated or likely preferences, for example whether you may be interested in particular products or promotions.

Depending on the nature of your dealings with us, we may collect and hold other types of personal information. For example, information collected and held via our secure financial systems about the debit or credit card you might use for your purchases from us.

You generally have the option of not identifying yourself or of using a pseudonym when dealing with us. But not where this is impractical (for example when you shop online with us) or where the law or a court order provides otherwise.

How do we collect and hold personal information?

Collection of personal information: When we collect personal information about you, we do so by making a record of it. We do this when:

  • you register with us, for example to create an account;
  • you communicate with us online;
  • you take part in our promotions, competitions, testimonials, surveys and focus groups;
  • you deal with us in other ways involving a need for personal information to be provided such as when you make a lay-by, contact one of our call centres or bring a claim against us.

We may also collect personal information about you by accessing data from other sources and then analysing that data together with the information we already hold about you in order to learn more about your likely preferences and interests.

When you visit our websites, social media pages or mobile applications or click on our advertisements on the online media of other companies, we may collect information about you using technology which is not apparent to you, for example “cookies”. For information about our use of this technology, click on this link to view our Cookie Statement.

Most of the personal information we collect and hold about you is from your direct dealings with us. We may sometimes collect your personal information other than from you directly. For example from other suppliers who, in common with us, have a relationship with you.

Holding of personal information: Personal information we hold is generally stored in computer systems. These may be operated by us or by our service providers. In all cases, we have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, personal information.

Why do we collect, hold, use and disclose personal information?

When we collect, hold and use your personal information, we do so primarily to sell and promote our goods and services to you and to improve on the range of our offerings. For example:

  • to learn of your likely preferences so that we may promote our goods and services to you in a way which may be of most interest to you; and
  • to assist in investigating your complaints and enquiries.

We disclose personal information we collect for purposes which are incidental to the sale and promotion of our goods and services to you. For example, we may disclose your personal information within our group, to service providers who assist us in our day-to-day business operations and as part of buying or selling businesses.

We may collect, hold, use and disclose your personal information for other purposes which are within reasonable expectations or where permitted by law.

You may opt out of our direct marketing to you. Our direct marketing materials will tell you how to do this.

We may de-identify your personal information. We may do this for use and disclosure of the anonymous data to determine preferences and shopping patterns.

More information

More information about privacy law and privacy principles is available from the Privacy Commissioner. The Privacy Commissioner may be contacted at www.oaic.gov.au (email – enquiries@oaic.gov.au) (Australia).

 

 

 

 

TERMS AND CONDITIONS

Ordering

When placing an order with Three Foxes Distillery via the website, email or via phone with our Customer Service Team, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.

Delivery

In these terms, “deliver” and “delivery” of products include collection of them under our Local Pickup facility.

Address for delivery

You agree that the address to which we may deliver is the address you gave for delivery as part of your order or any other address we may subsequently agree to accept as the delivery address. We will not deliver unless all requested delivery details are given when you place your order.

Delivery pre-conditions

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. You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.

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). We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.

 

Delivery times

We will endeavour to deliver within the times nominated and paid for by you at the time of your order. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.

Delivery returns/non-collection

If having commenced delivery of your order, we return any ordered products to our Distillery or our storage site while we will refund the amount paid by you for those products (in the absence of an arrangement with you for re-delivery), you agree that we may deduct an amount from this refund amount on account of the costs incurred by us in returning the relevant products to our store or storage site. You agree that we may make such deduction where we were unable to deliver due to circumstances beyond our reasonable control (including because of the wrong address appearing to us to have been given) or where we did not complete delivery because of any of the “Delivery pre-conditions” above not being met.

You may email us about any non-delivery or Local Pick Up collection matters by using the “contact us” facility on 3foxes.com.auy/contact or by telephoning our Customer Service Team on 1300 872 306.

Cancellations

By us

We may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. In the case of Local Pick Up orders, we may make such cancellation before collection of the ordered products. Any such cancellation shall be by giving you such reasonable cancellation notice as we are able to provide via any of the contact details we have for you. The circumstances in which we may cancel your order are if:

  1. any of the ordered products are not available;
    b. there was any error in the description of any ordered products or their price as advertised by us;
    c. your order is in breach of these or any other relevant terms and conditions or is contrary to a person’s rights or to any law; or
    d. these terms and conditions provide that we may not deliver your order.

By you

You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact our Customer Service Team as soon as possible on 1300 872 306. Please review our Customer Service Team’s trading hours before calling as the hours may vary depending on the day of the week and the time of year.

You may check your order status. If the order status is ‘Order being processed’, please contact the Customer Service Team to confirm whether there might still be time for us to agree to you changing or cancelling your order. Every attempt will be made to accommodate your request, however unfortunately no guarantee can be given once an order has been placed.

If we agree to you changing or cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, to the ordered products being in their original condition and packaging and to you agree to pay an amount we request on account of our reasonable costs of processing the change or cancellation.

If your order has already been processed, you may still be able to return your order, which can be done easily through our physical store or via Australia Post. Conditions apply, please review our Returns & Refunds Policy

Delivery records

We may record all details of and incidental to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, complying with record keeping requirements under liquor licensing laws and law enforcement.

Risk

You agree that risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).

Additional information and terms

Delivery information

These terms are in addition to and do not limit additional delivery and Local Pick-Up information we provide. Such information may cover matters about delivery options; what constitutes a case of alcohol; delivery costs; how to estimate delivery costs; the circumstances when we do not charge for deliver and the limits on those circumstances; locations to which we deliver and locations to which we do not deliver; unattended deliveries; deliveries to multiple addresses and delivery exclusions. Such delivery and Local Pick-Up information forms part of these terms and conditions.

We may notify you of delivery conditions relating to your particular order at or before the time of processing it. You may obtain further information about delivery by calling our Customer Service Team on 1300 872 306.

Offers

  • Three Foxes Distillery supports the Responsible Service of Alcohol (RSA)
    • Products are not available to under 18’s.
    • It is an offence to sell or to obtain liquor on behalf of a person under the age of 18.

Website Content

The materials (including all software) and services at this site are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Three Foxes Distillery’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.

Three Foxes Distillery further does not warrant the accuracy and completeness of the materials, information or services at this Site. Three Foxes Distillery may make changes to the materials and services at this Site, or to the products and services described in them, at any time without notice. The materials and services at this Site may be out of date, and Three Foxes Distillery makes no commitment to update the materials and services at this Site.

Information published at this Site may refer to products, programs or services that are not available in your country. Consult Three Foxes Distillery business contact for information regarding the products and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Disclaimer

Our 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 the products repaired 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.

Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:

  1. you acknowledge that our sites (including this website and all mobile applications) (“Sites”) are provided “as is” and that we do not make any warranty or representation as to the suitability of the Sites, anything (including content and websites) to or from which the Sites are linked or any product for any purpose;
    b. the content of the Sites and all content to or from which the Sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;
    c. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the Sites are linked;
    d. we will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you 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) unless such loss arises as a result of our own negligence or wilful misconduct;
    e. risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and
    f. where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example under the “Delivery returns/non-collection” or “Cancellations” sections in our delivery terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
    Our liability to you for loss or damage of any kind arising out of our agreement with you 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 our liability is in contract, tort (including negligence), under any statute or otherwise.

Promotions

  • Promotional vouchers can not be exchanged for cash
  • Used in conjunction with one another
  • Re-used on another transaction, or
  • Partially used across multiple orders