Terms of service
PURPOSE
The purpose of this Terms of Service Policy is to clearly outline the terms that apply when customers access the Malt Donkey website, purchase products online, or otherwise interact with Malt Donkey’s online store.
This policy helps ensure customers understand their responsibilities when using our website and supports Malt Donkey’s compliance with applicable consumer, payment, delivery, privacy, and liquor licensing obligations.
POLICY STATEMENT
Malt Donkey is committed to providing a clear, fair, and compliant online purchasing experience for all customers.
By accessing our website, placing an order, or purchasing products from Malt Donkey, customers agree to comply with these Terms of Service.
Malt Donkey will comply with applicable Australian Consumer Law requirements and relevant liquor licensing obligations, including ensuring alcohol is only sold and delivered to persons aged 18 years or over.
In this policy, “Malt Donkey” means Malt Donkey Pty Ltd (ABN 51 674 909 043), Liquor Licence No. 57625291.
POLICY REQUIREMENTS
Use of Website
Customers may use the Malt Donkey website for lawful purposes only.
Customers must not use the website in a way that is fraudulent, misleading, unlawful, harmful, or that interferes with the security, operation, or availability of the website.
Malt Donkey may restrict or refuse access to the website where we reasonably believe the website is being misused.
Age Requirement
Malt Donkey sells alcohol products.
By using our website and placing an order, you confirm that you are 18 years of age or over.
Malt Donkey does not sell alcohol to persons under 18 years of age.
We may cancel or refuse an order if we reasonably believe the customer is under 18 years of age or if age verification requirements cannot be met.
Product Information
Malt Donkey aims to ensure all product descriptions, prices, images, alcohol content, availability, and other product information shown on our website are accurate and up to date.
However, product images are for illustrative purposes only, and packaging, labels, vintages, batches, presentation, or availability may vary from time to time.
Malt Donkey reserves the right to correct any errors, inaccuracies, or omissions on the website, including after an order has been placed.
Orders
An order is placed when the customer completes the checkout process and payment has been submitted.
After an order is placed, the customer may receive an order confirmation email. This confirms that the order has been received, but does not guarantee acceptance of the order.
Malt Donkey reserves the right to accept, reject, cancel, or limit an order where reasonable, including where:
• the product is unavailable;
• payment cannot be processed;
• the order appears fraudulent or incorrect;
• delivery cannot be completed to the nominated address;
• liquor licensing or age verification requirements cannot be met; or
• there has been an error in pricing, product information, or availability.
If an order is cancelled after payment has been received, Malt Donkey will arrange a refund of the amount paid for the cancelled item or order, subject to any rights and obligations under Australian Consumer Law.
Pricing and Payment
All prices shown on the Malt Donkey website are in Australian dollars unless stated otherwise.
Prices may include GST where applicable.
Shipping fees, delivery charges, or other applicable costs will be shown at checkout before the customer completes the order.
Malt Donkey may update prices, promotions, product availability, and delivery offers at any time without prior notice.
Payment must be received in full before an order is packed and dispatched.
Shipping and Delivery
Shipping and delivery are managed in accordance with Malt Donkey’s Shipping Policy.
Estimated delivery timeframes are provided as a guide only and may vary depending on the delivery address, courier availability, public holidays, weather events, or other circumstances outside Malt Donkey’s control.
Customers are responsible for providing accurate delivery details at checkout.
Malt Donkey is not responsible for delays, failed deliveries, or additional costs caused by incorrect or incomplete delivery information provided by the customer.
Authority to Leave and Alcohol Delivery
Alcohol delivery is subject to applicable liquor licensing laws.
Alcohol can only be delivered to persons aged 18 years or over.
The person receiving the delivery may be required to provide proof of age. If they appear under 25, valid photo identification may be required.
Alcohol will not be delivered if the recipient cannot prove they are 18 years of age or over.
Alcohol will not be left unattended unless the customer has authorised Authority to Leave and unattended delivery is permitted under relevant state or territory liquor laws.
If delivery cannot be completed, the order may be taken to a collection point, returned to Malt Donkey, or subject to additional redelivery or handling fees.
Returns, Refunds and Consumer Rights
Returns and refunds are managed in accordance with this clause and any rights customers may have under Australian Consumer Law.
Nothing in these Terms of Service excludes, restricts, or modifies any rights or remedies that cannot be excluded under Australian Consumer Law.
If a product is faulty, damaged, incorrectly supplied, or does not meet applicable consumer guarantees, customers may be entitled to a replacement, refund, or other remedy in accordance with Australian Consumer Law.
Customers should contact Malt Donkey as soon as possible if there is an issue with an order.
Customer Responsibilities
Customers are responsible for:
• ensuring they are 18 years of age or over before purchasing alcohol;
• providing accurate contact, billing, and delivery information;
• ensuring someone aged 18 years or over is available to receive alcohol deliveries where required;
• reviewing order details before completing checkout;
• using the website lawfully and appropriately; and
• contacting Malt Donkey promptly if there is an issue with an order.
Website Availabilit
Malt Donkey aims to keep the website available and operating correctly.
However, we do not guarantee that the website will always be available, uninterrupted, error-free, or free from technical issues.
Malt Donkey may update, suspend, restrict, or remove access to all or part of the website at any time for maintenance, security, operational, or business reasons.
Intellectual Property
All content on the Malt Donkey website, including text, images, graphics, logos, product names, designs, branding, photography, and other materials, is owned by or licensed to Malt Donkey unless otherwise stated.
Customers must not copy, reproduce, distribute, modify, publish, or use Malt Donkey content for commercial purposes without prior written permission from Malt Donkey.
Privacy
Malt Donkey collects and handles customer personal information in accordance with its Privacy Policy.
By using the website or placing an order, customers acknowledge that their personal information may be collected and used for purposes including processing orders, managing delivery, communicating with customers, payment processing, and complying with legal obligations.
Third Party Services
The Malt Donkey website may use third party platforms, payment processors, delivery partners, apps, or service providers to operate the online store and fulfil customer orders.
Malt Donkey is not responsible for the websites, systems, actions, delays, errors, or policies of third party providers, except where required by law.
Customers may be subject to the terms and policies of relevant third party providers when using those services.
Limitation of Liability
To the maximum extent permitted by law, Malt Donkey is not liable for any loss, damage, delay, interruption, or expense arising from use of the website, inability to access the website, courier delays, incorrect customer information, or events outside Malt Donkey’s reasonable control.
This does not limit any rights or remedies customers may have under Australian Consumer Law or other applicable laws.
Changes to These Terms
Malt Donkey may update these Terms of Service from time to time.
The current version will be published on the Malt Donkey website with the effective date.
By continuing to use the website or placing an order after the Terms of Service have been updated, customers agree to the updated terms.
Governing Law and Jurisdiction
These Terms of Service are governed by the laws of South Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia and any courts entitled to hear appeals from those courts.
Contact Us
For any questions regarding these Terms of Service,
please contact us at admin@maltdonkey.com.au
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