1. Terms and conditions of using and purchasing via devilsbrewery.com.au
devilsbrewery.com.au is operated by DK Independent Pty Ltd ABN 97106838439 247 Tinderbox Rd, Tinderbox, Tasmania 7054.
Purchases of alcohol products made through devilsbrewery.com.au are made under Tasmanian Liquor Licence No. 75643, Devils Brewery 247 Tinderbox Rd, Tinderbox, Tasmania 7054.
2. By visiting and using 247 devilsbrewery.com.au you accept and agree to be bound by the following Website Terms and Conditions of Use (Website Terms). If you do not accept these Website Terms, please do not use the Site.
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.
If you purchase products via devilsbrewery.com.au, you warrant to us that:
i) you are over the age of 18 years; and
ii) any person that you are obtaining the products for, or supply the products to, is over the age of 18 years.
If you purchase any products from Us through the Site, additional terms and conditions may apply. These additional terms and conditions will be displayed with the product or offer.
If products ordered by you are not in stock, whenever possible We will offer you a comparable product of equal value.
All specials, promotions, clearances, offers and discounted items advertised on the Site are available only while stocks last unless otherwise advertised. Promotions may not be available in all areas.
All prices are Australian dollars and are inclusive of GST. Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated until you delivery details are provided in the checkout. Promotional offers and prices are as stated, with no further discounts available. You agree to pay the price of the products specified on the website or quoted to you by our Customer Service agents over the phone. You also agree to pay the delivery and handling fee (when applicable) in respect of each Order and all taxes, including goods and services tax. We reserve the right to vary prices on the Website without notice. The price payable for the product is the price applicable on the date the products are confirmed as ordered. We endeavour to ensure all prices displayed are correct but occasionally an error may occur. If we discover a pricing error we will notify you and you may elect to not purchase any Good/s where the price has been corrected.
Paypal is accepted as payment for orders of products. Cheques, money orders and cash are not accepted methods of payment. Payment must be cleared before products are despatched.
We are confident that our products represent the highest quality and We guarantee every product you buy. If you are unhappy with a purchase you must notify us within two weeks of receiving it. The product must be returned in their original condition with the original packing slip and securely wrapped. Delivery costs are to be covered by the buyer.
3. If you owe money to devilsbrewery.com.au under one agreement, devilsbrewery.com.au may set-off that money against any money that you owe to devilsbrewery.com.au under another agreement.
The Delivery Address which you nominate needs to be within a location where devilsbrewery.com.au provides delivery services. We will advise you if the Delivery Address which you nominate ceases to be in an area where devilsbrewery.com.au delivers goods. We will not be obliged to continue to deliver Goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not in an area within which We deliver goods.
If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered devilsbrewery.com.au may charge you and you may be required to pay an additional fee.
Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address.
We collect and use Your Personal Information only for the purpose of conducting deliveries to you.
We may change these Website Terms at any time without notice. Please review these Website Terms regularly to ensure you are aware of any changes made.
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 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, or for any incorrect or misleading information provided on the Site.
We reserve the right to change, update or terminate the Site and Content or any part of them at any time in Our absolute discretion, without notice or liability to you.
Any change or modification to the Site or these Website Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, do not use the Site. If following any such change or modification you continue to use the Site or Content, then you will be deemed to have accepted those changes or modifications.
All information, advice or other data on the Site is provided as general information only and should not be relied upon.
We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Site or its Content for any particular purpose.
We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Site, or the Site’s inability to meet your needs.
We have no control over and are not responsible for the content of any third-party sites linked to or framed within the Site, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Site should not be construed as an endorsement, approval or recommendation by Us of the linked web site or its content. We are not responsible for the content or privacy practices associated with linked web sites. When viewing a third party site, you should read the terms, conditions and privacy statements detailed on that site. Your use of or reliance upon such third-party websites is at your own risk.
We are based in Tasmania, Australia. You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you.
Your use of and any reliance you place upon the Site and its Content are entirely at your own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond Our jurisdiction and control and that of Our suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to Us.
We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site, which is beyond Our control. For the avoidance of doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site or any linked website.
To the fullest extent permitted by law and without limiting any rights available under the Australian Consumer Law:
All conditions and warranties concerning the Site and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
In no event will We (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Site or the Content;
We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site, the Content or the Services;
Any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and
Remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms.
Your rights and obligations under these Website Terms may not be transferred or assigned directly or indirectly without Our prior written consent. We may transfer or assign Our rights and obligations under these Website Terms.
To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been read down or deleted to the extent necessary to overcome the difficulty.
Our rights and remedies under these Website Terms cannot be waived except in writing signed by Us. Our Delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does Our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of Our other rights.
We will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
These Website Terms are governed by and construed in accordance with the law of the State of Tasmania and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.
We will endevour to dispatch goods within 2 working days.
Tracking details will be provided and it is your responsibility as the buyer to inform us of any non delivered goods within 14 days of dispatch date.
If goods are not received with 14 days please contact our office and an investigation will be conducted. If the goods are not able to be located or proof of delivery to the buyers address is ascertained within another 14 days a replacement will be sent.
Any matters of complaint maybe lodged with our office and your matter will be handled in a prompt manner.
*Where are the delivery exclusions?
We do not currently deliver to NT.
We cannot deliver to areas that are classified by the Australian Government as dry zones or Australian Islands that are classified as in International Waters. Please see list below for all postcodes where delivery is currently excluded;
4605 – Cherbourg
4713 – Woorabinda
4816 – Palm Island
4830 – Doomadgee
4871 – Aurukun
4871 – Kowanyama
4871 – Lockhart
4871 – Mornington Island
4871 – Pormpuraaw
4871 – Yarrabah
4874 – Mapoon
4874 – Napranum
4876 – Bamaga
4876 – Injinoo
4876 – New Mapoon
4876 – Seisia
4876 – Umagico
4895 – Hope Vale
4895 – Wujal Wujal
4. Note: Locations may be added or modified from time to time.