Terms of Sale
In these terms, ‘we’, ‘us’ or ‘our’ means Asahi Drinks Cart, operated by Asahi Premium Beverages Pty Ltd (ABN 49 077 568 480) on behalf of Asahi Holdings (Australia) Pty Ltd (ABN 48 135 315 767) and its subsidiaries, and ‘Website’ means [www.drinkscart.com.au].
The Website and related services are made available to you in accordance with the following terms, including any terms contained within any links set out below and any other terms posted on our Website (collectively, the 'Terms of Sale'). You should read the Terms of Sale carefully before placing any orders on our Website.
As a condition of using this Website, you agree to comply with and be subject to the Terms of Sale.
YOUR DETAILS
When using the Website, including the placement of any order with us, you confirm that the details that you have provided are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over.
Please refer to our Privacy Policy for information about how we use your information.
When you register an account, you will be required to provide information about yourself that is true, accurate, current, and complete in all respects.
We may keep a record of any information you provide, and all other information relating to orders and deliveries. Our records may include details of the age-verification processes referred to above, and in particular may include a photograph or copy of age-verification documents that you or the person receiving your order may supply. 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.
ORDERS
Placing an order
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers until your purchase is confirmed.
Order quantity minimums and limits
Each order cannot exceed a total of 20 cases.
The quantity of alcohol products ordered must not exceed the following:
6 cases of beer, cider or pre-mixed spirits (24 bottles/cans per case and not more than 375ml per bottle/can)
3 bottles of spirits (not more than 750ml per bottle)
or a combination of 6 cases and 3 bottles of spirits.
Acceptance of Orders
Once your order has been placed, you will receive an invoice showing the details of your order. This is not an acceptance of your order, but is a confirmation that we have received it. Acceptance of your order will be completed when the products have been dispatched.
We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular product, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Sale.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our:
withdrawing any product from the Website whether or not that product has been sold;
removing, screening or editing any materials or content on the Website; or
refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment
Payment can be made by Visa or MasterCard cards and any other methods which may be clearly advertised on the Website from time to time. Payment will be debited and cleared from your account upon order by us. You confirm that the credit/debit card that is being used is yours or that you have been authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
We take reasonable care to make our Website secure. We also recommend that you take appropriate security precautions when accessing the Internet via public Wi-Fi networks or shared computers.
Northern Territory
Unfortunately the Liquor laws around distributing alcohol do not allow us to send alcoholic products to the Northern Territory.
DELIVERY
Delivery partners
We utilise a network of staff, contractors, third party delivery companies and courier companies that may change from time to time depending upon your location.
Your order may contain products from different locations. If this is the case, your products will arrive separately and likely at different times.
Shipping
Information about shipping, including the cost of shipping, can be found on the Shipping information page.
Address for delivery
You agree that the address to which we will deliver your order is the address you gave for delivery. We will not deliver unless all requested delivery details are given at the time of order, and the delivery information clearly identifies where the order is to be delivered.
Delivery 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.
We will not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
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.
Delivery returns
If having commenced delivery of your order, we are unable to deliver due to circumstances beyond our reasonable control or where we did not complete delivery because of any of any conditions or restrictions as set out in these Terms of Sale, the ordered products will be returned to our storage site. We will refund the amount paid by you for those products. however we may deduct the costs incurred by us in returning the relevant products to our storage site from this refund amount.
If we have been unable to deliver due to circumstances beyond our reasonable control or where we did not complete delivery because of any of any conditions or restrictions as set out in these Terms of Sale, and we return any ordered products to our storage site, while we will refund the amount paid by you for those products, 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 storage site.
You may email us about any non-delivery or collection matters using our contact form.
Cancellations
We may cancel your order before delivery in whole or in part, even if we have received payment from you or sent you an invoice. For any such cancellation, we will give you reasonable cancellation notice via any of the contact details we have for you. The circumstances in which we may cancel your order are if:
your order is in breach of the Terms of Sale;
there was any error in the description of any ordered products or their price as advertised by us;
any of the ordered products are not available; or
the Terms of Sale provide that we may not deliver your order.
You agree that you cannot change or cancel an order after it has been placed, unless we have agreed (in our sole discretion) that you are able to do so. If you wish to change or cancel your order please contact our Customer Service Team as soon as possible using our contact form.
Risk and title
You agree that risk of loss of or damage to products that form part of your order passes on delivery of those products to the location you have specified, 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).You agree that title to the products you buy from us passes to you when we dispatch your order from the place of supply. If products are not delivered for any reason and you receive a refund (less any deductions in accordance with these Terms of Sale) you agree that title in those products shall immediately pass back to us.
RETURNS AND REFUNDS
In the event you receive products that are damaged or faulty, please contact us within 30 days of receiving your order to apply for a refund for the value of the damaged products. We reserve the right to require proof that the products were damaged or faulty prior to agreeing to any refund.
Refunds will be credited to the credit card used to make the purchase. We will use reasonable endeavours to process your refund as quickly as possible, but please allow up to 3 business days for this to occur.
GENERAL
Website Content
Your use of the Website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating any of the content on or within the Website, including our Software and all HTML and other code contained within this Website.
We may make changes to the materials, information and services at this Website at any time without notice. The materials, information and services at this Website may be out of date, and we make no commitment to update them.
Your use of the Website is also governed by our Website Terms of Use. You should read the Website Terms of Use, as they also form part of the Terms and Sale for Asahi Drinks Cart.
Changes to Terms and Conditions
These Terms of Sale may change or be suspended or terminated from time to time. These changes may relate, amongst other things, to our registration, ordering and delivery processes (including applicable charges). We will endeavour to give advance notice of any such changes on the website. Continuing to use any of our facilities, including using or ordering from the Website after the change has taken effect will be deemed acceptance of the amended terms and conditions.
Promotional discounts and offers
From time to time we may offer promotional discounts and offers which may apply in respect of certain specified purchases made through the Website. The promotional conditions of use will be specified on the Website. Promotions may be automatically applied to your cart.
Liability disclaimer
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
1. You acknowledge that our Website is provided "as is" and that we do not make any warranty or representation as to the suitability of the Website, anything (including content and websites) to or from which the Website is linked or any product for any purpose;
2. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Website, the subject matter of our agreement with you and all content to or from which the Website is linked;
3. 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; and
4. Where we refund you the amount of your order as provided in your agreement with us (less any deductions as set out in these Terms of Sale) 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, whether that liability is in contract, tort (including negligence), under any statute or otherwise, is reduced to the extent that you cause or contribute to the loss or damage.
