Bartender's corner

1. About these Terms These Terms and Conditions govern your access to and use of the website at 3two1.com.au and any related pages, content, account features, forms, ordering tools or services made available through the website. The website is operated by 3Two1 Import Pty Ltd t/a 3Two1 Drinks, ABN 47 613 716 359. In these Terms, “3Two1 Drinks”, “we”, “us” and “our” means 3Two1 Import Pty Ltd t/a 3Two1 Drinks, and “you” or “your” means any person who accesses or uses the website. By accessing or using the website, creating an account, submitting an enquiry, placing an order or otherwise dealing with us through the website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the website. 2. Alcohol warning and age restriction This website relates to alcoholic beverages. You must be at least 18 years old to access alcohol-related content on the website, create an account, submit an enquiry about alcoholic products or place an order for alcoholic products. You must not purchase, attempt to purchase, receive or arrange the supply of liquor through us if you are under 18 years of age. You must not purchase or arrange the supply of liquor for anyone under 18 years of age. By using this website, creating an account, submitting an enquiry or placing an order, you warrant that: you are at least 18 years old; all information you provide to us is true, accurate and complete; if you are placing an order, you are legally entitled to purchase liquor; and any person receiving liquor supplied by us will be at least 18 years old and legally entitled to receive it. We may request evidence of age, identity, authority to purchase, business status, liquor licence details or other verification information at any time. We may refuse access, refuse supply, suspend an account, cancel an order or decline delivery if we are not satisfied that a transaction is lawful or appropriate. Liquor must be consumed responsibly. Our products are intended for lawful, responsible purchase, supply, promotion and consumption only. 3. Wholesale and trade use 3Two1 Drinks operates as a beverage distributor and wholesaler. Unless we expressly agree otherwise in writing, the website and any ordering functionality are intended for eligible trade customers, including licensed venues, bottle shops, wholesalers, distributors and other businesses legally permitted to purchase, sell, supply or deal with liquor. You must not use the website to place an order unless you have all licences, permits, approvals and authorisations required to purchase, possess, sell, supply, promote, distribute or otherwise deal with the products you order. We may require trade customers to provide business details, ABN, liquor licence information, premises details, delivery details, responsible manager or contact details, and any other information we reasonably require to assess account eligibility or fulfil legal and operational requirements. We reserve the right to approve, reject, suspend, close or limit any trade account at our discretion, including where we believe an account may be used unlawfully, inconsistently with our licence conditions, inconsistently with responsible service obligations or in a manner that may harm our business, brands or suppliers. 4. Website account registration If the website allows you to create an account, you must provide accurate, current and complete information. You must keep your login details secure and confidential. You are responsible for all activity that occurs under your account, except to the extent caused by our negligence or unlawful conduct. You must notify us promptly if you become aware of any unauthorised access to or use of your account. We may suspend, restrict or terminate your account if we reasonably believe that: your account information is inaccurate, incomplete or misleading; your account has been used without authorisation; you have breached these Terms; you no longer meet our trade account requirements; your use of the website or account may breach liquor laws or licence requirements; or suspension, restriction or termination is necessary to protect our business, customers, suppliers, systems or legal position. 5. Product information We aim to ensure that product descriptions, images, prices, availability, alcohol content, pack sizes, vintage information, country of origin, tasting notes and other product information on the website are accurate and up to date. However, product information may change from time to time, including because of supplier updates, packaging changes, vintage changes, stock availability, import variations, typographical errors or website administration errors. Product images are for reference only and may differ from the product delivered. You are responsible for checking that a product is suitable for your intended use, including any regulatory, resale, venue, menu, responsible service, promotional or customer requirements that apply to your business. 6. Pricing, GST and availability Unless stated otherwise, prices displayed on the website are in Australian dollars. Prices may include or exclude GST depending on the context shown on the website, customer account type, quotation or invoice. Where GST applies, it will be charged in accordance with Australian tax law. Prices, promotions, minimum order quantities, freight charges, case quantities, discounts, rebates and stock availability may change without notice, subject to any confirmed order or written agreement we have accepted. Product availability is not guaranteed. We may limit quantities, allocate stock, substitute products with your agreement, decline an order, cancel an order or backorder items where products are unavailable, restricted, discontinued or otherwise unable to be supplied. 7. Orders and acceptance An order submitted through the website is an offer by you to purchase the relevant products on these Terms and any additional terms shown at checkout, in a quote, in a trade account agreement or on an invoice. We are not bound to supply products until we accept your order. We may accept an order by issuing an order confirmation, tax invoice, dispatch confirmation or other written acceptance. We may refuse, cancel or vary an order before dispatch where: the product is unavailable; the order contains an error in price, description, quantity or availability; payment is not received or is reversed; delivery cannot lawfully or practically be completed; we are not satisfied with age, identity, licence, account or authority verification; the order may breach applicable law, licence conditions, supplier restrictions or responsible service obligations; the order appears fraudulent, unauthorised or commercially unreasonable; or we otherwise have a legitimate business reason to do so. If we cancel an order after payment has been received, we will provide a refund of the amount paid for the cancelled products, unless we are legally entitled to withhold that amount. 8. Payment Payment terms will be as shown on the website, at checkout, in your approved trade account terms, in a quote or on an invoice. If payment is required at checkout, you must pay the full amount using an accepted payment method before we process your order. If we approve credit terms for your trade account, you must pay all invoices by the due date and comply with any credit conditions we notify to you. You must not set off, deduct or withhold any amount owing to us unless we have agreed in writing or you are legally entitled to do so. If you fail to pay an amount when due, we may suspend further supply, place your account on hold, cancel undelivered orders, recover reasonable debt collection costs, charge interest where permitted by law and exercise any other rights available to us. 9. Delivery, collection and risk Delivery options, freight charges, estimated delivery times and collection arrangements are as stated on the website, in our Shipping Policy, in a quote, in an invoice or as otherwise agreed with us. Delivery times are estimates only. We are not responsible for delays outside our reasonable control, including delays caused by carriers, weather, road conditions, supplier shortages, customs, industrial action, public holidays, incorrect delivery information or events beyond our control. You must ensure that the delivery address is accurate, accessible, safe and legally suitable for delivery of liquor. You must also ensure that an authorised person aged 18 years or over is available to receive the delivery and provide identification if requested. We or our delivery partners may refuse to complete a delivery if: the recipient appears to be under 18 years of age and cannot provide acceptable proof of age; the recipient appears intoxicated; delivery would be unlawful or unsafe; the delivery location is not accessible or suitable; the order information is incomplete or incorrect; or any verification requirement is not met. Risk in products passes to you when the products are delivered to the nominated delivery address, collected by you or collected by your carrier, unless otherwise agreed in writing. Title to products passes to you only when we have received full payment for those products and any other amounts owing in respect of them. 10. Returns, refunds and damaged goods Returns, refunds, exchanges and claims for damaged goods are handled in accordance with these Terms, our Refund Policy and any rights you may have under the Australian Consumer Law or other applicable laws. You must inspect products promptly after delivery or collection. If products are damaged, missing, incorrect or otherwise affected by an issue, you should notify us as soon as possible and provide reasonable evidence, such as photographs, delivery records, batch details or invoice details. Subject to your rights under the Australian Consumer Law, we may decline returns or refunds where: you changed your mind; you ordered the wrong product or quantity; products have been opened, used, damaged after delivery, improperly stored or handled contrary to instructions; packaging has been altered or is not in resaleable condition; the issue was caused by your act, omission, storage, transport or handling; or the return request is made outside any timeframe stated in our Refund Policy or agreed with us. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or protection that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law. 11. Australian Consumer Law If you are a consumer for the purposes of the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where the Australian Consumer Law applies, you may be entitled to remedies including repair, replacement, refund, cancellation, resupply or compensation, depending on the circumstances and whether the failure is major or minor. To the maximum extent permitted by law, and subject to any non-excludable rights you may have, our liability for a failure to comply with a consumer guarantee is limited to: in the case of goods, replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or payment of the cost of having the goods repaired; and in the case of services, resupply of the services or payment of the cost of having the services supplied again. This clause does not limit liability where it would be unlawful to do so. 12. Responsible marketing and resale You must market, display, sell, supply and promote products purchased from us responsibly and in accordance with all applicable laws, codes, licence conditions, venue policies and industry standards. You must not use our products, brands, images, materials or supplier information in any promotion that: targets or is likely to appeal primarily to minors; encourages excessive, rapid, irresponsible or unlawful consumption of alcohol; suggests that alcohol consumption leads to social, sexual, sporting, professional or personal success; encourages drinking and driving or unsafe behaviour; misrepresents a product, brand, origin, alcohol content, ingredient, price or promotion; breaches any responsible promotion guideline, advertising code, liquor law or licence condition; or damages or may damage the reputation of 3Two1 Drinks, our suppliers or their brands. You must comply with all responsible service, age verification, advertising, labelling, point-of-sale and promotional requirements that apply to your business. 13. Intellectual property Unless otherwise stated, all content on the website, including text, images, graphics, logos, trade marks, product content, videos, downloads, design, layout, software and other materials, is owned by or licensed to 3Two1 Drinks. You may view the website and download or print reasonable extracts for your internal business use, supplier review, purchasing decisions or account purposes. You must not copy, reproduce, modify, distribute, publish, transmit, scrape, frame, mirror, commercially exploit or create derivative works from any website content without our prior written consent, except as permitted by law. If we provide brand assets, product images, portfolio documents, tasting notes, point-of-sale material or other trade materials, you may use them only for the authorised purpose and in accordance with any brand guidelines or instructions we provide. 14. Acceptable use You must not use the website: for any unlawful, fraudulent, misleading, harmful or unauthorised purpose; to purchase, attempt to purchase or arrange the supply of liquor unlawfully; to impersonate another person or misrepresent your identity, age, authority, business status or licence status; to interfere with, disrupt, damage or gain unauthorised access to the website, servers, systems, accounts or data; to upload or transmit viruses, malware, harmful code or other disruptive material; to scrape, harvest, data mine or extract website content other than with our written consent; to send spam, unsolicited marketing or unlawful communications; or in any way that may damage our reputation, business, suppliers, customers, systems or legal compliance. 15. Third-party links and services The website may contain links to third-party websites, platforms, retailers, distributors, social media pages, payment providers, delivery providers or other services. Third-party websites and services are not controlled by us. We are not responsible for their content, availability, security, practices, terms, privacy policies or any goods or services they provide. Your dealings with third parties are between you and the relevant third party, unless we expressly state otherwise. 16. Privacy and communications We handle personal information in accordance with our Privacy Policy, available at https://3two1.com.au/policies/privacy-policy. By using the website, creating an account, submitting an enquiry or placing an order, you consent to us collecting, using and disclosing personal information as described in our Privacy Policy and as reasonably necessary to operate the website, manage accounts, process orders, comply with law, communicate with you and conduct our business. If you subscribe to marketing communications or otherwise consent to receive them, we may send you marketing communications about our products, brands, promotions, events or business updates. You can unsubscribe from marketing communications using the unsubscribe function where provided or by contacting us. You must ensure that any contact details you provide to us are accurate and that you have authority to provide personal information about any other person. 17. Website availability and security We may update, change, suspend, restrict or discontinue the website or any feature at any time without notice. We do not guarantee that the website will be uninterrupted, error-free, secure or free from viruses or other harmful components. You are responsible for using appropriate security protections, including antivirus software, secure passwords and secure internet connections. 18. Warranties and disclaimers To the maximum extent permitted by law, the website and its content are provided on an “as is” and “as available” basis. We do not warrant that: the website will meet your requirements; product information will always be complete, current or error-free; the website will be uninterrupted, secure or free from defects; any particular product will be available at any time; or your use of the website will achieve any particular business outcome. Nothing in these Terms excludes, restricts or modifies any warranty, guarantee, right or remedy that cannot lawfully be excluded, restricted or modified. 19. Limitation of liability To the maximum extent permitted by law, we are not liable for any indirect, consequential, special, incidental or punitive loss or damage, or for any loss of profit, revenue, goodwill, opportunity, data or business interruption, arising out of or in connection with the website, these Terms, an account, an order or any products supplied by us. To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with the website, these Terms, an account, an order or any products supplied by us is limited to the amount paid by you for the relevant products or services giving rise to the claim. These limitations do not apply to the extent that liability cannot be limited by law, including liability under non-excludable provisions of the Australian Consumer Law. 20. Indemnity To the maximum extent permitted by law, you indemnify us and our directors, officers, employees, contractors, agents and suppliers against any loss, liability, claim, cost, expense or damage arising from or connected with: your breach of these Terms; your unlawful purchase, sale, supply, promotion, distribution or handling of liquor; your breach of any liquor law, licence condition, responsible service requirement, advertising rule or industry code; your misuse of the website or account; your infringement of intellectual property rights; your negligent, fraudulent or wilful act or omission; or any information, material or instruction you provide to us that is inaccurate, incomplete, misleading or unlawful. This indemnity is reduced to the extent that the relevant loss, liability, claim, cost, expense or damage was caused by our negligence, breach of these Terms or unlawful conduct. 21. Force majeure We are not liable for delay or failure to perform an obligation where the delay or failure is caused by an event beyond our reasonable control. Events beyond our reasonable control may include supplier shortages, transport disruptions, customs delays, strikes, industrial disputes, weather events, natural disasters, pandemics, government restrictions, changes in law, cyber incidents, payment provider outages, platform outages or other events that we could not reasonably prevent. 22. Changes to these Terms We may update these Terms from time to time by publishing the updated version on the website. The updated Terms take effect from the date they are published or any later date stated in the updated Terms. Your continued use of the website after the updated Terms take effect means you accept the updated Terms. Terms that apply to a confirmed order will generally be the Terms in effect when the order was accepted, unless otherwise required by law or agreed in writing. 23. Notices We may give notices to you by email, through your account, by publishing a notice on the website, by including information in an invoice or order confirmation, or by any other method permitted by law. You may contact us using the contact details shown on the website or by emailing orders@3two1.com.au. 24. Governing law and disputes These Terms are governed by the laws of Western Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts entitled to hear appeals from those courts. Before commencing court proceedings, each party must use reasonable efforts to resolve any dispute in good faith, unless urgent relief is required or it would be unreasonable to do so. 25. Contact For questions about these Terms, trade accounts, orders or website use, please contact: 3Two1 Drinks Email: orders@3two1.com.au Phone: 0420 222 313 Website: https://3two1.com.au

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