Beaches Brewery Terms and Conditions
- Beaches Brewery is a brewer and supplier of craft beer.
- These Terms and Conditions (‘T&C’) provide the basis for co-operation between Beaches Brewery and the Customer and the Customer will be bound by these T&C.
- ‘Beaches Brewery’means Beaches Brewery Company Pty Ltd its related entities, successors and assigns or any person acting on behalf of and with the authority of Beaches Brewery.
- ‘GST’means any tax pursuant to the A New Tax System (Goods and Services Tax) Act, 1999 (Cth) and any subsequent legislation.
- ‘Customer’means the person or entity to which the Product is being provided by Beaches Brewery pursuant to this agreement.
- ‘Price’means the cost of the Product provided on the official website store of Beaches Brewery or in a quotation to the Customer by Beaches Brewery or its representative.
- ‘Product’means the beer or other alcoholic beverages supplied by Beaches Brewery to the Customer as described in the website or invoices provided by Beaches Brewery to the Customer.
- ‘Terms and Conditions (‘T&C’)’means the conditions contained in this agreement.
Term of Agreement
- This agreement commences once the Customer agrees to the T&C.
- The Customer agrees to pay to Beaches Brewery the Price prior to dispatch of the Product or as agreed in writing with Beaches Brewery.
- Beaches Brewery reserves its right not to ship the Product if a required payment is not received.
- Any instructions received by Beaches Brewery from the Customer for the supply of the Product and/or the Customer’s acceptance of the Product supplied by Beaches Brewery shall constitute acceptance of the T&C.
- Where the Customer consists of more than one party, the parties (collectively the Customer) shall be jointly and severally liable for all payments of the Price.
- The Product is supplied by Beaches Brewery only on these T&C to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these T&C.
Price And Payment
- By the Customer placing the order, the Customer accepts the Price and agrees to pay the Price before shipment of the Product unless otherwise agreed in writing between the Customer and Beaches Brewery.
- At the sole discretion of Beaches Brewery, where agreement is reached to ship the Product before payment the agreement will be in writing and will form part of these T&C.
- Payment will be made by credit card or by direct credit or as agreed in writing between the Customer and Beaches Brewery. A surcharge of 2.5% may be applied to payments made by credit card.
- GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
Processing and Delivery
- Delivery of the Product to a third party nominated by the Customer is deemed to be delivery to the Customer.
- Beaches Brewery may deliver the Product by separate shipments. Each separate shipment shall be invoiced and paid in accordance with the provisions in these T&C.
- The failure to deliver shall not entitle either party to treat this contract as repudiated.
- Beaches Brewery shall not be liable for any actual or foreseeable loss or damage whatsoever due to failure to deliver the Product (or any separate shipment of the Product) promptly or at all, where the failure is due to circumstances beyond its control or where a freight shipper is used.
- Risk for the Product passes to the Customer on shipment of the Product.
- Beaches Brewery is not liable for Product which has not been stored in a proper manner
- Returns will only be accepted on condition that:
- the Product is defective;
- the Product is returned within 7 days of the delivery date; and
- the Product is unopened.
- In the event of a genuine dispute, Beaches Brewery will attempt to resolve the matter to the satisfaction of the Customer within 14 days of notification of the dispute. If the dispute cannot be resolved either party may refer the matter to Fair Trading NSW for resolution.
- If the dispute cannot be resolved either party may refer the matter to Fair Trading NSW for resolution.