Terms of Sale

Welcome to our website. You’re at Independent Bottler www.truthandconsequence.com.au which is owned by Specialty Liquor Group Pty Ltd trading as Truth and Consequence (ACN: 616420547, ABN: 56616420547).

Through our expertise in purchasing barrels/casks of whisky, Truth and Consequence website allows you to purchase liquor products through the website.

The following Online Shopping Terms, together with our Privacy Policy and Terms of Sale apply to your access to and use of our online shop and the supply of products and services ordered via our website.

By ordering products and services from our online shop, you acknowledge that you have read, understood and agree to be bound by these Online Shopping Terms and the Terms and Condition of Use of Website (including Disclaimer) and Privacy Policy.

  1. Buyers

1.1. You may buy products and services offered online by Truth and Consequence by navigating the collection and shopping cart available on our website.

1.2. To buy products or services via our website, you must be at least 18 years of age.

1.3. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

1.4. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged.

1.5. If your PayPal account or your credit card is charged for the purchase and we cancel the order, we will notify you and credit your PayPal account or credit card account for the amount charged, including delivery charges and applicable taxes and duties, at our discretion.

  1. Prices

2.1. All prices are in Australian dollars.

2.2. Prices include Australian Goods & Services Tax (GST) unless your billing address is outside Australia, but exclude delivery charges and customs duty and other taxes, if applicable.

2.3. GST will be applied to all purchases delivered within Australia regardless of where the purchaser is located.

2.4. If the payment and delivery occurs outside Australia, GST will be deducted off the total purchase price.

2.5. Truth and Consequence is committed to providing a quality service and to operate lawful and in good faith. Under no circumstance will Truth and Consequence ever under value or change the description of your goods in an attempt to deceive or bypass your countries tax laws so please don’t ask.  This includes requests from purchasers located outside Australia who may request us to state a lower value on the price of an item in order to pay lesser fees or taxes in the destination country.

2.6. All prices are subject to change without notice.

  1. Special offers

3.1. Truth and Consequence may provide special offers in relation to our products and services from time to time.

3.2. At any time, we may terminate any special offer without advance notice.

3.3. If terminated, a special offer will continue to apply to products and services you ordered in good faith in accordance with these Terms before the special offer was terminated.

  1. Payment

4.1. The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order.

4.2. Items will be posted within 2 business days of receiving cleared funds. Please note that credit card payments generally take up to 12 hours to clear into our account.

4.3. We accept payment via PayPal and credit card and do not retain or store credit card details.

4.4. PayPal and Stripe Payment processing has separate terms and conditions that govern third party payment processing and we are not responsible for the application of third-party payment procession term and conditions.

  1. Cancelling an order

Before Shipment

5.1. You may cancel an order after submission provided the order has not been shipped to you.

5.2. In this circumstance there will be a full refund of cost including shipping fees and insurance (if applicable).

After Shipment

5.3. If the ordered item has been shipped you may cancel the item and you are responsible for the cost of shipping the item back to us.

5.4. The item must be returned in original conditions with all labels and tags.

5.5. We highly recommend you purchase insurance for the return shipment as refund will only be issued where the item is returned in original condition.

5.6. Where the item is returned in original condition with all labels and tags, a full refund less 10% restocking and processing fee will be provided.

5.7. Late delivery for any reason whatsoever does not entitle you to cancel your order

5.8. All orders are subject to acceptance by us, at our discretion.

  1. Errors

6.1. While we make every effort to keep our website content current and relevant, from time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available.

6.2. Despite any clause in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and PayPal or a credit card has been charged.

6.3. If PayPal or your credit card is charged for the purchase and we cancel the order, we will notify you and credit your PayPal or credit card account for the amount charged.

  1. Availability

7.1. All products are offered for sale subject to available stock.

7.2. If for some reason your PayPal account or credit card has been charged for an item that is out of stock, we will cancel your order and issue a full refund to your PayPal or your credit card account in the amount charged.

7.3. We will make every effort to label out of stock items on the website and to remove such label once stock is available.

  1. Delivery/shipping/insurance

Domestic shipping

8.1. We use Australia Post for all domestic shipping.

8.2. Domestic shipping charges are available on the on the website at checkout.

8.3. We reserve the right to use couriers when we deem it necessary.

8.4. You have the option to choose a different delivery address than your billing address.

8.5. For domestic shipping, please allow up to 10 business days after despatch for delivery Australia wide depending on your location.

8.6. You will be required to provide a residential address for delivery.

8.7. We do not ship to the Restricted Dry Areas of Queensland, South Australia, Western Australia or the Northern Territory.

International shipping – Currently, international shipping is NOT available to most countries.

8.8. For international shipping, we use Australia Post’s ‘Express Post’ service and/or select couriers at our discretion. This option is preferred as the service provides for faster delivery times and the peace of mind of full tracking and signature on delivery and allows us to provide our best service.

8.9. International shipping charges are obtained by contacting Truth and Consequence at contact@truthandconsequence.com.au

8.10. Truth and Consequence takes no responsibility once your item/s have left Australian shores.

8.11. For international shipping insurance, please contact us prior to purchase for a shipping and insurance quote at contact@truthandconsequence.com.au

8.12. Truth and Consequence will not be held responsible or liable for any customs duties/taxes, restrictions and/or delays which may exist at a specific destination.

8.13. Please be aware of your own country’s border laws regarding this matter as customs policies vary widely from country to country. Not all countries allow alcohol to be posted or shipped. Please contact your local customs office for further information prior to placing your order.

8.14. Truth and Consequence only dispatches alcohol outside of Australia at the risk of the customer. This means that if a package is confiscated or destroyed, no refund will be issued.

8.15. In a case where your goods are returned to sender (us), any costs incurred by Truth and Consequence during this process will be deducted before any kind of refund is given. If the goods arrive destroyed, damaged and/or leaking – No refund will be issued

8.16. We reserve the right to deny shipping to certain locations (refer 8.7 and 8.18).

8.17. All international deliveries are subject to confirmation by Truth and Consequence and we reserve the right to cancel any overseas order if it’s deemed to breach our rules.

8.18. We do not ship to the USA or Canada.

8.19. It is your obligation to enter the correct delivery address details at the time of ordering. If your goods are returned because an incorrect address was provided you will be required to pay shipping and insurance costs to the correct address prior to the release of your item/s.

8.20. You have the option to choose a different delivery address than your billing address.

8.21. Tracking numbers are included with all deliveries.

8.22. Every reasonable effort is made to dispatch orders within two business days of date when funds are cleared.

8.23. It is your responsibility to inform us promptly if an order does not arrive by emailing contact@truthandconsequence.com.au

Insurance

8.24. Title in goods passes to the purchaser/buyer once the order items leave our premises.

8.25. We strongly recommend you purchase insurance as part of your purchase at our website checkout to cover for loss or damage of your item/s in transit.

8.26. If you don’t purchase insurance, we are not liable for any loss or damage resulting from non-delivery once the item has been posted

Delivery of alcohol

8.27. Our commitment to the Responsible Service of Alcohol is absolute and if you do not appear to be of legal age, ID will be requested and your item/s WILL NOT be released, until such time your age is confirmed.

8.28. A signature will be required upon delivery.

8.29. If an adult over the age of 18 isn’t available to accept and sign for the goods with valid identification, or the premises is unattended, Australia Post will leave a card and the package will be waiting for pick-up at your local post office where proof of age identification will be required upon release.

8.30. Alcohol will NEVER be left unattended at the premises under any circumstance.

Damage

8.31. We are very well known for our packing abilities. We take our time and use premium packing materials to make sure your goods survive the rigours of domestic and international travel. We respect the bottles that we source, and package each rare gem as if they were our own.

8.32. If insurance isn’t purchased in checkout, we take no responsibility for damaged items.

8.33. If you have taken out insurance and notice that the package is damaged and/or leaking before signing for it, DO NOT accept ownership of the package and let Australia Post know to return it back to sender (us) where we’ll inspect the package and determine whether to give you a replacement bottle or a full refund.

8.34. In a case where you have taken out insurance and have accepted the delivery (or another adult on your behalf does) and the goods are broken or damaged, please raise a case with Australia Post immediately including photographic evidence of the damaged product and the entire packaging, you will also need your tracking number handy.

8.35. Please allow up to five business days after Truth and Consequence has received your package for a decision to be made.

8.36. Truth and Consequence has 100% authority in either choosing to give you a replacement bottle or issuing you a full refund.

8.37. In some instances where we do not have a replacement bottle in stock, a full refund will be given.

Risk

8.38. Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.

  1. Title

9.1. Goods ordered by you remain our property until you pay for them in full.

9.2. Title (including risk of loss and damage) in goods purchased pass to you upon delivery to you.

  1. Product warranties

10.1. To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded.

10.2. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again, at our option.

  1. Returns

Defective or Damaged Items

11.1. Items must be in original condition as received with all labels/tickets attached.

11.2. Notification and photographs of the item(s) must be submitted within 7 days of receiving the item clearly showing the defect of damage then contact us at contact@truthandconsequence.com.au

11.3. You will be advised at the time of notification of damaged or defective good of the address for return of goods.

11.4. Return of items will not be accepted unless the above steps in 11.1 and 11.2 are complied with.

11.5. Please check your items against your receipt. If there are any discrepancies, please email contact@truthandconsequence.com.au as soon as possible and within 24 hours of receiving your items.

11.6. Change of mind

11.7. You may return your items if you change your mind or if you have selected the wrong item as long as you email contact@truthandconsequence.com.au within 24 hours of receiving your items by including your order number on the email subject line

11.8. Please note that for change of mind or wrongly selected items, you must pay the postage cost to have the item/s returned to our warehouse and a 10% re-stocking fee will apply on the full price of the goods including the original shipping fee.

11.9. You may return your items if we have sent you the incorrect items.
Please allow up to 10 business days for your refund to be processed.

  1. Liability Disclaimer

12.1. 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.

12.2. To the extent legally permitted, under no circumstances are we to be held liable to any party  for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages.

12.3. This exclusion and waiver of liability applies to all legal causes of action, including but not limited to contract, warranty, or negligence.

12.4. 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:

  1. you acknowledge that our website is provided “as is” and that we do not make any warranty or representation as to the suitability of the content to or from which the website is linked or any product for any purpose;
  2. the content of the website and all content to or from which the website is linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;
  3. 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
  4. 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, as described in these terms and conditions, you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
  5. 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.
  1. Excusing events

13.1. You acknowledge and agree that we are excused from supplying our products, services and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control.

13.2. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

  1. Entire agreement

14.1. These Terms together with the Truth and Consequence Terms of Sale including disclaimer and Privacy Policy set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.

  1. Alterations

15.1. We may alter these Terms from time to time by posting the altered version on our website.

15.2. You should visit the website regularly to keep up to date with any alterations.

15.3. In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect.

  1. Applicable law

16.1. You agree to deal with us in good faith and in compliance with all applicable laws.

16.2. These Terms are governed by the law of New South Wales, Australia.

  1. Notices to you

17.1. We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.

  1. Contacting us

18.1. You can contact us by emailing contact@truthandconsequence.com.au