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Heading - 1st Choice Terms & Conditions

Terms & Conditions

This Agreement is a contract between the customer ("You") and Liquorland Australia Pty Ltd ABN 82 007 512 414 ("1st Choice"), registered office 800 Toorak Road, Tooronga, Victoria.

All orders are processed and distributed by Liquorland (Australia) Pty Ltd or Liquorland (Qld) Pty Ltd. Our offers are transmitted from our licensed premises at Shop 128, 354 Tooronga Road, Hawthorn East, VIC (Packaged Liquor Licence No. 32006002); 245 Unley Road, Malvern, SA (Licence No. 50400828); 170 Melrose Drive, Phillip (Licence No. 14005044); Shop 306 - 316, Willoughby Road, Naremburn, NSW (Licence No. 385642); 133 Herries Street, Toowoomba, QLD (Licence No. 41110080); Plaza Parade, No 1 Carnaby Street, Maroochydore, QLD (Licence No. 41114095); 516 Newnham Rd, Upper Mount Gravatt, QLD (Licence No. 41101500); Lae Drive, Runaway Bay, QLD (Licence No. 41109519).

Persons under 18 years of age are not permitted to place orders for alcohol.

1st Choice supports the responsible service of alcohol.

The terms and conditions under which You may purchase products from 1st Choice are set out below.

Please read the following terms and conditions carefully before placing your order with 1st Choice.

By completing the customer application process and using the 1st Choice service, You acknowledge that you have read and understood these terms and conditions and agree to be bound by the terms and conditions of this Agreement.

Table of contents

  1. Interpretation
  2. The agreement
  3. Purchase orders & delivery of goods
  4. Risk & title
  5. Price of goods & payment
  6. Out of stocks & substitution
  7. Packaging & labelling of goods
  8. Licence
  9. Intellectual property rights
  10. Liability
  11. Security
  12. Notification of changes
  13. Privacy
  14. Termination
  15. Notices
  16. Promotions, Clearances & Offers
  17. Product Availability
  18. Additional Services
  19. Miscellaneous

1. Interpretation

In these Conditions:

  • "Agreement" means an agreement between You and 1st Choice to supply Goods. The Agreement consists of the Order and these Conditions.
  • "Conditions" means these Conditions and any agreed written variations.
  • "Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.
  • "Delivery Cost" means the amount payable to 1st Choice in respect of delivery of the Goods and handling costs associated with processing your Order as advised by 1st Choice from time to time.
  • "Goods" means Goods described in an Order and includes packaging.
  • "Intellectual Property Rights" includes all rights in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise.
  • "Licensed Premises" means licensed premises at Shop 128, 354 Tooronga Road, Hawthorn East, VIC (Packaged Liquor Licence No. 32006002); 245 Unley Road, Malvern, SA (Licence No. 50400828); 170 Melrose Drive, Phillip (Licence No. 14005044); Shop 306 - 316, Willoughby Road, Naremburn, NSW (Licence No. 385642); 133 Herries Street, Toowoomba, QLD (Licence No. 41110080); Plaza Parade, No 1 Carnaby Street, Maroochydore, QLD (Licence No. 41114095); 516 Newnham Rd, Upper Mount Gravatt, QLD (Licence No. 41101500); Lae Drive, Runaway Bay, QLD (Licence No. 41109519); referred to jointly and severally as the context requires.
  • "Order" means an order by You to purchase Goods from 1st Choice.
  • "Personal Details" includes, but is not limited to Your name, Delivery Address and payment details.

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2. The Agreement

2.1 What is the Agreement?

The entire Agreement between You and 1st Choice for the purchase of Goods by You from 1st Choice is:

(a) these Conditions; and (b) the terms of the Order.

2.2 When the Agreement is formed

The Agreement exists between You and 1st Choice once 1st Choice receives and accepts an order at its Licensed Premises. No obligation to sell or supply the Goods will arise until the Order is received and accepted at Licensed Premises. Each order may be accepted by 1st Choice in its absolute discretion and 1st Choice expressly reserves the right to limit sales to reasonable quantities as determined in 1st Choice’s sole discretion. 1st Choice is authorised to unconditionally appropriate the liquor to the Order at the Licensed Premises on acceptance of the Order. Each Order is a separate agreement.

2.3 Set-Off

If You owe money to 1st Choice under one agreement, 1st Choice may set-off that money against any money that You owe to 1st Choice under another agreement. If 1st Choice owes money to You under one agreement 1st Choice may set-off that money against any money that it owes You under another agreement.

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3. Purchase orders & delivery of Goods

3.1 Delivery area

In order to purchase Goods from 1st Choice, the Delivery Address which You nominate will need to be within a location where 1st Choice provides delivery services. 1st Choice will advise You if the Delivery Address which You nominate ceases to be in an area where 1st Choice delivers Goods. 1st Choice 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 1st Choice delivers goods.

3.2 Orders

You will place an Order with 1stchoice by:

(a) selecting Goods and instructing 1st Choice by telephone that you wish to purchase the Goods, and providing your Personal Details to 1st Choice, or

(b) selecting Goods and instructing 1st Choice by email that you wish to purchase the Goods, and providing your Personal Details to 1st Choice.

3.3 Authorised receipt of Goods

Anyone at the Delivery Address who receives the Goods shall be presumed by 1st Choice or its agents to be authorised to receive the Goods on Your behalf. 1st Choice may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. 1st Choice will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years or to persons who fail to provide proof of age satisfactory to 1st Choice that the person is aged eighteen (18) years or over.

3.4 Delivery Requirements

1st Choice is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:

(a) to the adult person who placed the order, or

(b) to another adult person at those premises who undertakes to accept it on Your behalf, or

(c) if delivery takes place on a day following the placing of an order, in accordance with the customer's instructions but always to a person over the age of 18 years.

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4. Risk & title

4.1 Risk and Title

Risk and title in the Goods passes to You upon delivery of the Goods to the Delivery Address.

4.2 Returns or Refunds

If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the 1st Choice customer service centre on 1300 308 833 and a customer service representative will assess Your request for a credit or refund of the purchase price. Goods may be accepted for return in 1st Choice's absolute discretion. No Goods will be acceptable for return unless they are in a saleable condition. 1st Choice may only accept returns of complete cartons of beer and pre-mixed drinks. Food items cannot be returned.

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5. Price of Goods & payment

5.1 Price of Goods & payment

Subject to clauses 5.2 and 6.2 the price You shall pay for the Goods shall be the price specified on the 1st Choice website (if any) or advised by 1st Choice at the time of your Order. You also agree to pay the Delivery Cost (when applicable) in respect of each Order and all taxes, including goods and services tax, which 1st Choice is required to collect from you.

For delivery charges and conditions, please Icon - opens in new windowclick here.

5.2 Variation

1st Choice's prices are subject to variation without notice. The price payable for the Goods will be the price current at the time 1st Choice confirms the availability of the Goods.

5.3 Method of payment

(a) Payment upon Placement of Order

You shall pay for the Goods at the time of purchase or when your Order is despatched. You may use your credit card (MasterCard, Visa, American Express, Diners and Coles Group Card.) Cheques may be accepted at 1st Choice's discretion. 1st Choice will accept cash payment for the Goods only when your Order is placed in-store.

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6. Out of stocks & substitution

6.1 No rainchecks

1st Choice will not provide rainchecks in respect of Goods ordered by You.

6.2 Substitution policy

1st Choice will use its best endeavours to ensure that all Goods ordered by You are supplied to You. If the goods ordered by You are not readily available in stock, whenever possible 1st Choice will offer to you a comparable product of equal or greater value.

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7. Packaging & labelling of goods

1st Choice aims to ensure all pictures of Goods on the 1st Choice website are up to date, however pictures are for illustrative purposes only. 1st Choice does not warrant the accuracy of information contained on the 1st Choice website and recommends that You read the label on Goods carefully before consuming the Goods.

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8. Licence

You are licensed to access the 1st Choice website on your computer for personal, non-commercial use . You acknowledge that you are not permitted to make any other use of the 1st Choice website unless given prior written authorisation by 1st Choice.

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9. Intellectual Property rights

9.1 You acknowledge that 1st Choice or its related corporations own or are licensed to use all Intellectual Property Rights in the 1st Choice website (including, but not limited to, any images, photographs or text which appears on the website). You agree that You will make no representation to the contrary, and that You must not use or copy the 1st Choice website in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.

9.2 You acknowledge that any trade marks or logos which appear on the 1st Choice website are owned by or licensed to 1st Choice or its related corporations, and that You must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

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10. Liability

10.1 You acknowledge that 1st Choice service is provided "AS IS" and that 1st Choice is not making and has not made any warranty or representation as to the Goods or 1st Choice's suitability for any particular purpose other than the mandatory statutory warranties. To the maximum extent permitted by law, all other warranties and representations are excluded.

10.2 To the extent permitted by law, You agree that any liability of 1st Choice arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of 1st Choice will be limited to:

(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods, and

(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

10.3 You accept all risk arising out of the installation, downloading, use or performance of the 1st Choice website and any computer program that forms part of it.To the maximum extent permitted by law, You release and discharge 1st Choice and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with your use of the 1st Choice website or this Agreement, including, without limitation, loss or damage caused by the negligence of 1st Choice or its related corporations.

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11. Security

If you are issued with a PIN or password by 1st Choice You agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and indemnify 1st Choice in relation to any liability arising out of the unauthorised use of your PIN or password.

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12. Notification of changes

1st Choice may add to, delete, or otherwise change any of the terms of this Agreement. 1st Choice will notify You of any substantial changes to these terms & conditions as provided in clause 15. Your use of the 1st Choice service after notice will constitute your deemed acceptance of such changes.

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13. Privacy

Please refer to the 1st Choice Privacy and Security Statement.

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14. Termination

1st Choice may terminate this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that Your shopping privileges have been removed. If this occurs, please contact the 1st Choice customer service centre on 1300 308 833. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.

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15. Notices

1st Choice may give notice to You by electronic mail or by regular mail to your address contained in the membership registration information provided by You. You may give notice to 1st Choice by electronic mail to feedback@1stchoice.com.au

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16. Promotions, Clearances and Offers

All specials, promotions, clearances, offers and discounted items advertised on the 1st Choice website are available only while stocks last unless otherwise advertised. All terms and conditions of specials, promotions, clearances, offers and discounted items, including the 1st Choice Price Promise, as advertised on the 1st Choice website from time to time shall apply.

For the 1st Choice Price Promise terms and conditions, please Icon - opens in new windowclick here. Delivery Costs are excluded from the 1st Choice Price Promise.

Specials, promotions, clearances, offers and discounted items appearing on 1st Choice are not available in all areas.

Please note all cases of beer and ready to drink products incur a Delivery Cost unless otherwise stated.

To accommodate changes to Queensland’s tobacco laws, FlyBuys points will not be awarded for purchases of tobacco and related products in Queensland. These changes commenced from 31st December 2005.

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17. Product Availability

Due to Liquor Licensing restrictions certain Goods will not be available for sale in the following areas; South Hedland, Kununarra, Broome, Chinatown, and Seaview.

Due to a Licensing Accord certain Goods will be unavailable for purchase during certain times in Kalgoorlie.

1st Choice reserves the right not to sell certain Goods to any person to which, or in any location where, the sale of certain Goods is restricted or prohibited whether by law or otherwise.

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18. Additional Services

1st Choice may from time to time offer You additional services, including but not limited to, party plan services. All terms and conditions of any such additional services shall apply and shall be incorporated and form part of these Conditions. You acknowledge that 1st Choice is not making and has not made any warranty or representation as to the additional services or the suitability of the additional services to You other than the mandatory statutory warranties. To the maximum extent permitted by law, all other warranties and representations are excluded.

For the 1st Choice terms and conditions regarding party plan services, please Icon - opens in new windowclick here..

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19. Miscellaneous

19.1 Provisions are severable

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

19.2 Victorian law applies

The laws of Victoria govern this Agreement.


 
 
Privacy and Security  | Terms & Conditions 

NSW Liquor Act 1982: It is an offence to sell or supply to or obtain liquor on behalf of a person under the age of 18 years.
VIC Liquor Control Reform Act 1998: Under the Liquor Control Reform Act 1998 for Victoria, it is an offence - To supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000) - For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500) .