Terms of service

TWELVE AND A HALF ACRES TERMS AND CONDITIONS

Welcome to www.twelveandahalfaces.com.au (the "Website"). By accessing and using this Website, you agree to comply with the following terms of use. It is your responsibility to familiarise yourself with and adhere to these terms.  If you do not agree with these terms, please refrain from using the Website.

General

01. Responsible Service of Alcohol. Twelve and a Half Acres supports the Responsible Service of Alcohol. Online liquor sales processed through this Website are handled by Lancaster Family Trust T/A Twelve and a Half Acres (ABN 54557914465).

02. Services and Additional Terms. Twelve and a Half Acres sells its products within Australia and provides various services through this Website and at Twelve and a Half Acres Distillery. These services are governed by these terms of use, as well as any other specific policies or terms and conditions (referred to as "Additional Terms") identified on the Website. In case of any inconsistency, ambiguity, or conflict between these terms of use and any Additional Terms, the Additional Terms shall take precedence to the extent of any inconsistency.

03. Revisions to the Terms of Use. Twelve and a Half Acres may revise these terms of use at any time without prior notice. By continuing to use the Website, you agree to be bound by the most current version of the terms. It is recommended to review these terms periodically.

04. Privacy Policy. We encourage you to review the Twelve and a Half Acres Privacy Policy Policy, which govern the collection, use, and disclosure of your personal information ("Personal Information").

Website Information

05. Accuracy and Changes. The information provided on this Website, including product and merchandise availability and descriptions, third-party products and merchandise, event information (including educational events), promotional details, and delivery information, may change without notice. While we strive to ensure the accuracy and currency of the information to the extent permitted by law, it is not guaranteed. This includes the accuracy, reliability, completeness, or timeliness of the Website (including product images and packaging representations). Please note that features and information about third-party events, products, or services may also change from time to time.

Orders and Deliveries

06. Product Selection and Ordering. You have the opportunity to purchase Twelve and a Half Acres products, merchandise, and third-party products through this Website in accordance with these Terms & Conditions and any applicable Additional Terms. To place an order, simply select the desired items and complete the ordering process in accordance with these terms and any applicable Additional Terms. Please note that the availability of Website Products is limited to the items listed on this Website.

07. Payment. All purchases made through this Website require the use of a valid payment method specified at the point of purchase (Payment Method). When you place an order for any advertised products, you are offering to purchase them at the price indicated at checkout at the time of purchase, which includes postage, packaging, applicable charges, and taxes. Twelve and a Half Acres reserves the right to refuse any offer you may make. Acceptance of your order is subject to our approval, availability, and confirmation of the price.

08. Order Records and Information. Twelve and a Half Acres may maintain records of orders placed through the Website, including age verification requirements, credit card details (based on the nature of the order and the payment method used), and the capture of relevant imagery. These records will be used and disclosed only for reasonable purposes, such as proof of delivery, administrative requirements to comply with liquor licensing laws, or cooperation with law enforcement.

09. Accuracy and Authorisation. By placing an order with Twelve and a Half Acres, you confirm that all the information provided during the order process, including delivery address and payment details, is accurate and correct. You also warrant that you are an authorised holder of the Payment Method used and that it has sufficient funds to cover the total cost of the goods. By placing an order, you authorise us to charge the payable amount to your Payment Method and/or any related accounts (credit/debit card, bank accounts) linked to your Payment Method. In the event of payment failure, we may notify you and cancel the order.

10. Prices and Taxes. All prices displayed on the Website are in Australian dollars. Unless otherwise specified, all prices displayed on the Website are inclusive of the Australian Goods and Services Tax (GST). You acknowledge and agree that GST will be automatically applied to each order. Additionally, delivery costs will be charged in addition to the prices displayed. Any applicable delivery charges will be clearly indicated, including the "Total Cost," to the extent reasonably determined by Twelve and a Half Acres in advance. Please note that delivery costs may vary based on the order's ultimate destination, or other factors beyond our reasonable control.

11. Price Variations and Invoicing. Twelve and a Half Acres reserves the right to replace or modify the prices of Website Products before you place your order. For each order, we are issuing an order confirmation emails including all the order and tax details.

12. Payment Approval and Address Verification. All orders are subject to Payment Method approval and verification of the billing address. This includes orders associated with the same name, email address, billing address, credit card number, or other relevant information. If you have any questions regarding your order, please contact Twelve and a Half Acres.

13. Age Verification. It is strictly prohibited to sell or supply alcohol to individuals under the age of 18 years, or to obtain alcohol on their behalf. Before accepting your order, Twelve and a Half Acres reserves the right to request satisfactory proof of age.

Delivery

14. To complete your purchase, you are required to choose a shipping method with the corresponding cost displayed during checkout. Please note that deliveries cannot be made to PO boxes. By providing an address for delivery, you agree that anyone over the age of 18 who is present at the given address and receives your ordered items will be considered authorised. If you have provided inaccurate or outdated information, Twelve and a Half Acres cannot be held responsible for delivering to the address you initially provided. While Twelve and a Half Acres will consider any delivery instructions you provide at the time of delivery, it is not obligated to carry out such instructions or accept any responsibility for them.

15. Once the goods have been paid for and sent by us to you, ownership will transfer to you. Consequently, you will assume all risks associated with the goods from the moment they are dispatched in good condition by us to you.

16. After your order is accepted and payment is processed, Twelve and a Half Acres Distillery will dispatch your order within 3 to 5 business days, unless otherwise stated on the website. Standard shipping to metropolitan addresses typically takes approximately 1 to 7 days, depending on our chosen delivery provider. Express shipping to metropolitan addresses generally takes around 1 to 3 days, based on our selected delivery provider. Please note that shipping to regional locations may take longer, depending on our chosen delivery provider.

17. While Twelve and a Half Acres and its delivery providers make every reasonable effort to deliver within the expected timeframes, please note that these timeframes are not guaranteed. Twelve and a Half Acres cannot be held liable for any losses incurred due to late delivery, including delays caused by epidemics or pandemics. Delivery times are subject to the transit schedules and variations of the postal carrier, and Twelve and a Half Acres assumes no responsibility for any delays caused by the carrier for any reason whatsoever.

18. There may be circumstances beyond Twelve and a Half Acres reasonable control that prevent us from fulfilling the delivery of your order. Additionally, if we determine that the intended recipient of the order is unsuitable for any reason, including apparent age below 18, we reserve the right to not proceed with the delivery. In such cases, we will make efforts to arrange a redelivery or issue a refund.

Refunds & Cancellations

19. Refunds, replacements, credit notes, and returns are available solely for faulty or damaged products at the discretion of Twelve and a Half Acres. If you believe a product to be faulty or damaged, please inform Twelve and a Half Acres within 5 days of delivery. Twelve and a Half Acres reserves the right to request and review evidence of the product's faultiness or damage before proceeding with a refund. If the return is accepted, Twelve and a Half Acres may provide free return shipping, and a replacement, credit note, or refund will be issued once the product is received and confirmed as faulty or damaged.

20. In the case of returns due to a change of mind or an error in the purchase, Twelve and a Half Acres offers refunds within 30 days from the date of purchase. The returned item must be unopened and in its original, resalable condition. Additional postage charges will be your responsibility.

21. You will receive an email notification from Twelve and a Half Acres once your returned item has been received. We will also inform you whether your refund has been approved or rejected. If your refund is approved, it will be processed back to the original Payment Method used for the purchase. Please allow up to 10 business days for the refund to be reflected in your Payment Method. If your refund is not approved, you will be responsible for the cost of return postage.

22. In exceptional circumstances, Twelve and a Half Acres reserves the right to cancel your delivery order, and a refund will be issued. Such circumstances may include unavailability of the ordered products, errors in the price or description of the ordered products, or if we determine that your order violates the Terms & Conditions.

23. By accepting a refund from Twelve and a Half Acres, you acknowledge that the refund represents the total amount of Twelve and a Half Acres' liability to you in relation to all matters pertaining to the refund.

Order Queries

24. For inquiries regarding refunds, cancellations, and other order-related matters, please contact Twelve and a Half Acres at contact@twelveandahalfacres.com.au

Website Liabilities/Liabilities

25. Without overriding the operation of the Australian Consumer Law and to the extent permitted by law, this Website and all its Content are provided "as is," and Twelve and a Half Acres disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the Website is at your own risk.

26. Twelve and a Half Acres does not make any representations that this Website will operate without errors or that the Website, its servers, or the Content are free of viruses or other harmful features.

27. To the extent permitted by law, under no circumstances shall Twelve and a Half Acres be liable for any damages (including, but not limited to, direct, indirect, incidental, special, consequential, or punitive damages, lost profits, lost data, or business interruption) arising from the use of, or inability to use, this Website or the Content, even if Twelve and a Half Acres has been advised of the possibility of such damages. Additionally, our liability to you for any loss or damage arising out of or in connection with our agreement or relationship with you is reduced to the extent that you contribute to the loss or damage. This provision applies regardless of whether our liability is based on contract, tort (including negligence), statute, or any other legal theory.

28. You agree to indemnify, defend, and hold harmless Twelve and a Half Acres, its directors, employees, agents, and affiliates from any and all third-party claims, liabilities, damages, and/or costs (including legal fees) arising from your use of this Website or your violation of these Terms & Conditions or any Additional Terms. You understand and acknowledge that any suspected fraudulent, abusive, or illegal activity may be reported to the appropriate law enforcement authorities. Nothing in these Terms and Conditions limits Twelve and a Half Acres' right to take legal action against you for any unpaid purchase price, amounts owed to Twelve and a Half Acres, or for any damages, loss, liability, or other cause of action.

Privacy

29. Please review our Privacy Policy for details regarding privacy and personal information

General Provisions

30. These Terms & Conditions, along with any Additional Terms, and any disputes or claims arising from or related to the Website or Content, will be governed by and interpreted in accordance with the laws of Queensland, Australia, without considering conflict of law principles. By using the Website, you consent to the exclusive jurisdiction of the courts in Queensland or the Federal Court sitting in Queensland, Australia, to resolve any claims or disputes arising from or related to the Website or Content. Any claims arising from or in connection with the Website or Content must be filed in such courts within one year after the event that gave rise to the claim.

31. If any provision of these Terms & Conditions, along with any Additional Terms, is deemed unlawful, invalid, or unenforceable for any reason, that provision can be separated from the other provisions without affecting their validity or enforceability.

32. These Terms and Conditions, along with any Additional Terms, Privacy Policy, and any other legal notices published by Twelve and a Half Acres on the Website, constitute the entire agreement between you and Twelve and a Half Acres regarding the Website. Failure by Twelve and a Half Acres to enforce any of these terms does not constitute a waiver of such terms or any other terms. No waiver or consent from Twelve and a Half Acres will be effective unless it is provided in writing, and no such waiver or consent will be construed as a waiver or consent in any other or subsequent instances.