Terms & Conditions
As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use. All prices quoted are Australian Dollars. All stock is subject to availability and increases in government charges and wholesale prices. Rascal Brunswick supports the Responsible Service of Alcohol.
We accept orders 24/7 via our online store. Please note all emails and queries will be responded to within our business hours, 11am - 9pm EST. Monday to Friday. When placing an order with Rascal Brunswick via the website, you confirm that all the details that you have provided in completing the order are true and correct.
ADDRESS FOR DELIVERY
You agree that the address to which we may deliver is the address you gave for delivery as part of your order or any other address we may subsequently agree to accept as the delivery address. We will not deliver unless all requested delivery details are given when you place your order. We are unable to delivery to AusPost PO boxes and parcel lockers.
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. You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose. We will not deliver your order if we consider any delivery circumstances unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they may be under 18 years). We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
We will endeavour to deliver within the times nominated and paid for by you at the time of your order. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.
If having commenced delivery of your order, we return any ordered products to our store (or in the case of store pick up orders, any of your ordered products are not collected as close to the selected collection timeframes post receiving confirmation that your order is ready), while we will refund the amount paid by you for those products (in the absence of an arrangement with you for re-delivery), you agree that we may deduct an amount from this refund amount on account of the costs incurred by us in returning the relevant products to our store. You agree that we may make such deduction where we were unable to deliver due to circumstances beyond our reasonable control (including because of the wrong address appearing to us to have been given) or where we did not complete delivery because of any of the “Delivery conditions” above not being met.
You may email us about any non-delivery or Click & Collect collection matters at firstname.lastname@example.org
By us: We may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. In the case of store pick up orders, we may make such cancellation before collection of the ordered products. Any such cancellation shall be by giving you such reasonable cancellation notice as we are able to provide via any of the contact details we have for you. The circumstances in which we may cancel your order are if:
-Any of the ordered products are not available;
-There was any error in the description of any ordered products or their price as advertised by us;
-Your order is in breach of these or any other relevant terms and conditions or is contrary to a person’s rights or to any law; or
-These terms and conditions (for example under “Delivery Conditions” above) provide that we may not deliver your order.
By you: You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact our Customer Service Team as soon as possible via email@example.com. Please review our trading hours before contact as the hours may vary depending on the day of the week and the time of year.
If we agree to you changing or cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, to the ordered products being in their original condition and packaging and to you agree to pay an amount we request on account of our reasonable costs of processing the change or cancellation.
REFUNDS + RETURNS
Our Returns Policy includes the rights you have under the Australian Consumer Law (see below) and provides you with additional benefits in addition to those rights, because at Rascal Brunswick your satisfaction is important to us!
Your rights under the Australian Consumer Law:
‘Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.’
If in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will cheerfully refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return if Rascal Brunswick is at fault. That is, if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or Rascal Brunswick has breached a consumer guarantee.
Rascal Brunswick does not accept returns or refunds for change of mind
You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact us as soon as possible at firstname.lastname@example.org.
Please review our operating hours before making contact as the hours may vary depending on the day of the week and the time of year.
If the order status is ‘Order being processed’, please contact us to confirm whether there might still be time for us to agree to you changing or cancelling your order. Every attempt will be made to accommodate your request, however unfortunately no guarantee can be given once an order has been placed.
We may record all details of and incidental to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, complying with record keeping requirements under liquor licensing laws and law enforcement.
If you chose to indicate delivery instructions to leave the parcel unattended on premises we accept no responsibility if parcels are damaged or go missing once they have been delivered. By providing instructions to leave the parcel without signature customers accept the risks associated.
TITLE AND PLACE OF SUPPLY
You agree that title to the products you buy from us (and the place of our supply of those products to you) occurs at the place where we dispatch the products to your order. We do not supply alcohol to you at places which are not licensed under applicable alcohol licensing laws, even though such other places may be the delivery location. Immediately on us making a refund to you for any products (less any amount you have agreed we may deduct, for example under “Delivery returns/non-collection” or “Cancellations” above) you agree that title in those products shall pass back to us.
We may notify you of delivery conditions relating to your particular order at or before the time of processing it. You may obtain further information about delivery by contacting us via email@example.com
Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $7,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $600). Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
The materials (including all software) and services at this site are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Rascal Brunswick’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Rascal Brunswick may make changes to the materials and services at this Site, or to the products and services described in them, at any time without notice. Information published at this Site may refer to products, programs or services that are not available in your country.
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
-the content of this site and all content to or from which this sites is linked do not constitute advice and should not be
relied on in making, or refraining from making, any decision;
-we exclude all other implied terms and warranties, whether statutory or otherwise, relating to this site, the subject matter of our agreement with you and all content to or from which this site is linked;
-we will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;
-risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and
-where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example under the “Delivery returns/non-collection” or “Cancellations” sections in our delivery terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
-Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
NEED MORE INFO?
If you have any questions regarding liquor legislation or the Rascal Brunswick, Terms and Conditions, privacy or security, contact us at firstname.lastname@example.org