1. Terms and conditions of using our website www.preciousvodka.com.au

    1. This website www.preciousvodka.com.au(Website) is owned and operated by Prestige Spirits ABN 73 301 409 684 (“Prestige”, “we” or “us”), whose registered office is located at 34 Persic Street, Belfield NSW 2191. This website is an Australian based website.
    2. By accessing the Website, you irrevocably agree to these terms of use (Terms). If you do not agree to the Terms, please do not access the Website. We reserve the right to amend the Terms without notice but we will publish the amended terms on the Website.
    3. Sales of alcohol made through the Website are offered by Prestige under its NSW liquor licence LIQP770016826.
    4. Unless otherwise stated, all prices are in Australian dollars and are inclusive of GST. Prestige reserves the right to vary prices on the Website without notice but we will endeavour to inform you of any price change. The price payable for the product is the price applicable on the date the products are confirmed as ordered. We endeavour to ensure all prices displayed are correct but occasionally an error may occur. If we discover a pricing error we will notify you and you may elect to not purchase any good/s where the price has been corrected.
    5. The content and information provided on the Website has been provided on the basis of the information that we believe to be true at the time of publishing. However, we do not guarantee the accuracy and completeness of the information and we will not be liable for any loss, claim or damages you allege have resulted from the content and information provided on the Website.
    6. The Terms are governed by the laws in force in New South Wales and each party submits to the jurisdiction of the courts in New South Wales.
    7. You acknowledge:
      1. that it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years;
      2. that if you purchase any product from the Website, you warrant that you are over the age of 18 years and any person that you are purchasing the products on behalf of are also over 18 years of age;
      3. that we may, in our reasonable discretion set limits on the number of products you purchase through the Website;
      4. that we must receive payment in cleared funds of your order before we release and despatch any good to you;
      5. that your use of the Website does not infringe any laws in your jurisdiction; and
      6. that you (or any person acting on your behalf) must refrain from doing anything that interferes with or jeopardises the operation of the Website.
    8. We will deliver goods to anywhere in Australia where Prestige is capable of delivering the goods and we may impose additional charges if any area for delivery is remote and our third party courier imposes on us additional charges.
    9. The recipient of any delivered goods must be over the age of 18 years when the goods are delivered. If our third party courier service is not satisfied that the recipient of the goods is over the age of 18 years, the courier will be at liberty to not deliver the goods until somebody over the age of 18 years is available at the delivery address.
    10. Risk and title in the products will pass to you when we deliver the products to the address you have nominated.
  2. Content and Intellectual Property
    1. All the content (including logos, images, domain names, designs etc) which is or may be the subject of patent, copyright, trade mark, design, confidentiality or other intellectual property rights belongs to Prestige Spirits.
    2. Your access to the Website means that you irrevocably acknowledge and agree:
      1. that Prestige owns all the rights, title and interest in the intellectual property referred to in clause 2(a);
      2. that you will not claim, challenge, dispute any of our entitlement to the intellectual property in the Website; and
      3. that unless we give our prior written consent, you are strictly not permitted to use, copy, download, modify any content of the Website.
    3. You agree not to publish any defamatory, abusive, inappropriate, infringing, threatening or objectionable comments about Prestige Spirits or its Website on any forum (online or otherwise), social media channel or to any other third party. If you have any concern or query regarding the Website or us, you are required to direct them to us by emailing us at info@prestige-spirits.com.
  3. Privacy
    1. We take your privacy very seriously and will use and protect your personal information in accordance with our Privacy Policy, which you can access from the Website.
  4. Disclaimer
    1. We will not be liable for any loss, damage, or claim arising from your use and reliance of the Website.
    2. You agree to indemnify us (and our officers) from and against all claims, losses, fees or damages that you may incur arising out of or in connection with your use of the Website. You further agree to indemnify us from any claims, losses, fees or damages made by any third party arising out of a breach of the Website by you.
    3. You agree that your use of the Website is entirely at your own risk. We will not be liable or responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
  5. Limitation of Liability
    1. We are not liable to you for any claim, loss or damage arising from or relating to any statement, representation, warranty, promise, undertaking or agreement in connection with the sale of the products listed on the Website or resulting from or implied by conduct made in the course of communications or negotiations in connection with the Website unless:
      1. it is expressly set out or referred to in these Terms; or
      2. the right to make or institute legal proceedings in respect of any claim, loss or damages arising out of a statutory right which cannot be excluded by contract.
    2. We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Website or its content.
    3. You acknowledge that when accessing the Website, you have relied exclusively on your own enquiries and information you have acquired to purchase the products and to access the Website.
    4. Any liability of Prestige Spirits is limited to the re-supply of the products (as agreed with Prestige Spirits) to you and you agree that you will have no additional claims against Prestige.
  6. General
    1. We do not provide any representation or warranty in relation to any manufacturer’s warranty that accompanies the product on the Website. Prestige is not the manufacturer of the products on the Website. We do not represent that the manufacturer’s warranty is compliant with the Australian Consumer Law. Any rights that you may have in respect of the manufacturer’s warranty are against the manufacturer and not us.
    2. If any part of this agreement is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect as if this agreement had been signed with the invalid portion eliminated.
    3. Notwithstanding the completion of any of the transactions contemplated by this agreement, any obligation of a party, which is of a continuing nature or is not fully satisfied and discharged on termination, including without limitation, the warranties, will not merge on termination or in any transfer but will continue in favour of the party to which it is owed and remain in full effect.
    4. Each indemnity of a party contained in this agreement:
      1. is an additional, separate and independent obligation of that party and no one indemnity limits the generality of any other indemnity; and
      2. survives the termination of this agreement.
    5. The rights and remedies contained in this agreement are cumulative and are not exclusive of any rights and remedies provided by law.
    6. The contents of this agreement record the entire agreement between the parties in relation to its subject matter. It supersedes all previous negotiations, understandings or agreements in relation to the subject matter.
    7. No modification of this agreement is binding unless it is in writing and signed by or on behalf of each party.

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