1.1 This agreement for the supply of goods is between PAC Beverages Pty Limited t/as Sunny Eddy ABN 47 665 197 562 (Sunny Eddy, we, us, our) and you, the individual or company, that is placing the order for the goods made available via our website at www.sunnyeddy.com.au (Website).
1.2 You must be over the age of 18 years to make an offer to buy goods from us. When you place your order you warrant that:
(a) you are over the age of 18 years and will provide evidence of age when the goods are delivered to you;
(b) if you are ordering the goods for someone else, that they are over the age of 18 years and can provide proof of age if required; and
(c) you will not take or supply any part of the goods ordered to any liquor-restricted area or community.
1.3 The terms of this agreement may be amended or varied by us from time to time. Both parties will be bound by the terms that were in force at the time you ordered the goods.
1.4 You are not allowed to resell any of the goods that we supply to you. If you are a business customer, please contact us as additional terms may apply.
2. Orders and cancellation
2.1 Your order for goods (Order) must contain your correct name, invoice address, delivery address, telephone number, email address, credit card details and any other needed to process and deliver your order. You must promptly update this information if it becomes out of date.
2.2 When you place your Order, you are offering to purchase the goods specified in the Order subject to this agreement. We may accept or reject any Order.
2.3 If you need to change or cancel all or any part of an Order, please contact us on email@example.com as soon as possible and we will discuss your options. Once we have begun processing your Order, it may not be possible to change or cancel it. We may be able to offer you alternative goods or give you a credit for the goods ordered, however, we are under no obligation to give you a refund for a change of mind.
2.4 We may at any time cancel, vary or suspend all or some of your Orders without any liability to you:
(a) if you breach any of the terms of this agreement;
(b) we don’t have sufficient stock to fulfil your Order;
(c) we no longer deliver to your nominated delivery address; or
(d) there was an error in the description of any goods in your Order or the price advertised by us.
2.5 if we reject or cancel all or any part of an Order, you will be notified at the email address you gave to us when you placed your Order and we will refund any amount you have paid in advance for the goods.
2.6 We try to be as accurate as possible with the information about our goods but sometimes errors or omissions occur or we have to change or update information about our goods. If this happens and it may affect your Order, we will try to notify you of the correct information and you may cancel the Order without any obligation within 48 hours from the time of the notice. If you do not cancel your Order within the notice period your Order will be processed as per the corrected information.
2.7 Some goods and offers may not be available for sale in some areas where liquor licensing restrictions are in place. We reserve the right not to sell any goods to any person to which, or in any location where, the sale of the goods is restricted or prohibited whether by law or otherwise.
3.1 We or our delivery providers will deliver the goods to the delivery address provided when you placed your Order. We are not liable for any loss or damage suffered if you have not provided the correct address or you have changed address after placing the Order and not notified us of the correct address within a reasonable time period before the goods are despatched to you.
3.2 We work hard to ensure that all orders are processed in a timely manner and delivered to you within the time agreed, however, events may occur which are beyond our control and which may mean the agreed delivery times cannot be met. You will be sent an email with tracking details once your Order has been despatched.
3.3 Any delivery times notified to you are estimates only and we are not liable for late or non-delivery no matter what the reason.
3.4 Delivery will only be made to the entry door of the delivery address, whether it is a home or office building.
3.5 We or our delivery provider, reserves the right not to leave the goods and leave a collection notification instead including where:
(a) the person taking delivery of the goods appears to be under the age of 18 years and cannot provide proof of identity or appears to be acting for someone under the age of 18 years;
(b) the person taking delivery of the goods appears to be under the influence of alcohol or drugs;
(c) insufficient details about the place of delivery were provided if you authorised the goods to be left unattended and where the goods do not have to be delivered to someone over the age of 18 years; or
(d) the delivery address is declared to be restricted premises or in a restricted area.
3.6 We will presume that anyone at the delivery address who accepts delivery of the goods is authorised to receive them. If the Order includes goods where there is a minimum age to purchase, you must make sure that a person over the age of 18 years is available to accept the goods.
3.7 We may, at your request, agree to postpone delivery of the goods to a time more convenient to you provided that you agree to pay us an additional amount in respect of such postponement and for storage charges.
3.8 Title and the risk of loss or damage to the Products passes to you on delivery of the Products to the delivery address. The person who takes delivery must be an adult and available at the specified delivery address to carefully check the unwrapped Product, sign and acknowledge receipt in a satisfactory condition.
4. Price and payment
4.1 The price payable for the goods is the price on our Website at the time you place your Order and is in Australian Dollars (AUD). If you change your Order, the price will be the price for those goods on the date your Order is changed.
4.2 The total price shown on the invoice will include all goods and services taxes and any other applicable taxes, delivery charges, insurance, and other charges affecting the price of the goods. You will be told about these additional costs and you will be given a total purchase price before you finalise your order.
4.3 You must pay the full price for the Products when you place your Order. Payment must be made using the online ordering facility and via the methods we offer.
4.4 Orders that exceed your credit limit will not be processed.
4.5 A tax invoice with the total price for the goods will be emailed to you when your Order is accepted or will be given to you when the goods are delivered.
4.6 We reserve the right to change any pricing or product information errors which were the result of human error, computer malfunction or other reason and we may exercise our right to cancel your Order in accordance with clause 2.
4.7 If you are in the Northern Territory, or ordering for delivery in the Northern Territory, before we accept your Offer, we will need to do an additional price check and the price of the goods may increase to make sure we comply with the Northern Territory minimum unit price legislation. This may change the final price calculation for your Order.
4.8 If you have a promotional coupon (Coupon) you must redeem it at the time of placing your Order and any reduction in the price of the goods will be made before you finalise your Order and pay for the goods.
5. Return of Products and Refunds
5.1 You must inspect all Products on receipt. If any products are defective or damaged, or if an order is incorrect or missing any items, you must notify us immediately giving details of the defect or damage or what is incorrect or missing. We may ask for a photograph of the goods to substantiate your claim and for insurance purposes.
5.2 Our goods come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Subject to your rights under the Australian Consumer Law, we will replace any goods that are faulty, damaged, incorrectly described or in breach of a consumer guarantee with goods up to the same value. If we cannot replace the goods, we will offer a refund for the goods. In order to receive a refund or replacement goods, you may need to provide proof of purchase.
5.3 We reserve our right to reject any return of goods or request for a refund where you are not able to supply proof of purchase.
5.4 We do not offer refunds or replacement goods if you have just changed your mind.
6.1 We may, from time to time, offer coupons that will allow you to access special offers on our goods. If you delete the email with the coupon or the coupon, it cannot be replaced.
6.2 You cannot exchange the coupons for cash or use them in conjunction with any other offer or any other offer or discounts or promotions offered by us. Each coupon can only be used once.
6.3 You can redeem your coupon before checkout by typing in the coupon number where indicated. The promotional discount will be automatically applied. Once the checkout is complete you will not be able to go back and insert a coupon number if you forgot when placing your Order.
6.4 Each coupon may have its own rules for redemption. For example, it may only be redeemable on the purchase of certain goods or on certain days, it may be valid for a limited time only and expire on a certain date or when stocks of the goods run out. It is your responsibility to read the terms of the coupon carefully and make sure you comply with any special conditions or limitations.
6.5 All cancellations of an order must comply with the requirements of clause 2. If a coupon is used and we accept your cancellation of your Order, you will have lost the right to use that coupon and any refund will only be for the amount you actually paid. If we cancel all or part of an Order where you used a coupon, and the cancellation was not because you breached this agreement, you will be entitled to-reuse the coupon if it is still valid.
7. Intellectual Property Rights
7.1 Unless otherwise stated, we own or are a licensee of the intellectual property rights in the goods and all materials related to or connected with the goods. Except as necessary for using the goods or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no materials provided to you may be reproduced, adapted, uploaded to a third party website, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific prior written consent.
8.1 You must comply with all warnings, prohibitions and other notices for use of the goods provided when the goods are supplied to you or as otherwise notified to you or posted on the Website from time to time.
8.2 We are not liable for any damage or loss you incur, directly or indirectly, from the misuse or abuse of the goods.
9. Liability and indemnity
9.1 To the maximum extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in this agreement are excluded. If we are liable for breach of an imposed or implied term, guarantee, warranty, representation or condition, our liability is, at our option, to the extent permitted by law, limited to: the replacement of the goods or the supply of equivalent goods; or the payment of the cost of replacing the goods or acquiring equivalent goods.
9.2 To the maximum extent permitted by law, we are not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, arising out of or in connection with the goods, including as a result of not being able to use the goods or the late or non-supply of goods, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not we were aware that such loss or damage may occur.
9.3 You agree to indemnify us, our directors, employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties arising out of your use of the goods.
9.4 We try to make sure that the images and details of goods on our website are accurate. Sometimes, the actual goods delivered may differ from the picture on the website. We do not warrant the accuracy of the information on the website or any descriptions or images. We recommend that you read the labels carefully before consuming the goods.
10.1 This agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.
10.2 We may give notices to you by email at the email address you supplied when you placed your order. You may send notices to us at firstname.lastname@example.org
10.3 If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement but the rest of this agreement is not affected.
10.4 This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.