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Terms & Conditions

Part A - Terms of Use for First Choice Liquor eBay store

These Terms of use (Terms) govern your use of the First Choice Liquor eBay store including all copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content). Please read these Terms carefully. BY USING THE First Choice Liquor eBay store YOU ARE AGREEING TO THESE TERMS. You must not use the First Choice Liquor eBay store if you do not agree with these Terms.

1. Ownership

The First Choice Liquor eBay store and all Content is operated and owned by Liquorland (Australia) Pty Ltd ABN 82 007 512 414 (First Choice Liquor) with the principal place of business at 800 Toorak Road, Hawthorn East, Victoria 3123.

2. Use of First Choice Liquor eBay store

You may only use the First Choice Liquor eBay store and the Content on the First Choice Liquor eBay store for personal, non-commercial purposes unless First Choice Liquor provides express written consent.

You must not:

  • by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the First Choice Liquor eBay store or any Content contained on the First Choice Liquor eBay store ;
  • do anything that imposes an unreasonable or disproportionately large load on the First Choice Liquor eBay store , or interferes or disrupts the First Choice Liquor eBay store or any network or website connected to the First Choice Liquor eBay store ;
  • breach the security of the First Choice Liquor eBay store, test or scan the vulnerability of the First Choice Liquor eBay store, or make any unauthorised modifications to the First Choice Liquor eBay store;
  • interfere with any other persons use or enjoyment of the First Choice Liquor eBay store;
  • post, or transmit to the First Choice Liquor eBay store any abusive, obscene, defamatory, or otherwise inappropriate material;
  • use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the First Choice Liquor eBay store, or to reproduce or separately store or use such Content;
  • use the First Choice Liquor eBay store or any Content in any way that is unlawful, illegal or breaches the rights of First Choice Liquor or any third party; and
  • use the First Choice Liquor eBay store in any way that otherwise breaches these Terms.

In addition to these Terms, the First Choice Liquor Privacy Policy and eBay’s privacy policy applies to the use of the First Choice Liquor eBay store and various parts of the First Choice Liquor eBay store are subject to other terms and conditions. You should review these other terms and conditions carefully and not use The First Choice Liquor eBay store if you do not agree to these other terms and conditions.

3. Third Party Websites

The First Choice Liquor eBay store may contain links to other web sites controlled by third parties (Third Party Websites). First Choice Liquor is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites. First Choice Liquor makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

4. Intellectual Property

All Content on the First Choice Liquor eBay store is owned, controlled by, or licensed to First Choice Liquor. Except for viewing the Content for your own personal non-commercial use, First Choice Liquor does not grant you any rights to use the First Choice Liquor eBay store or Content for any other purpose unless it expressly consents in writing.

5. Limitation of Liability

First Choice does not warrant or guarantee:

  • the accuracy or completeness of any information available on the First Choice Liquor eBay store;
  • that access to the First Choice Liquor eBay store will be uninterrupted or error free;
  • that any defects will be corrected immediately; or
  • that the First Choice Liquor eBay store will be free from viruses or other contamination.

Except where prohibited by law, First Choice Liquor will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the First Choice Liquor eBay store, including use of any information on it. You use the internet and the First Choice Liquor eBay store at your own risk. Nothing in these Terms limits your rights under Australian Consumer Law.

6. Termination of Use

You may stop using the First Choice Liquor eBay store at any time for any reason.

First Choice Liquor reserves the right in its absolute discretion to suspend or terminate at any time the access to the First Choice Liquor eBay store of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.

First Choice Liquor may disclose any information we may have about a user in relation to an investigation or allegation that your use of the First Choice Liquor eBay store is in breach of these Terms, or is in breach of law or other regulation. First Choice Liquor reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.

7. Variation to Terms

First Choice Liquor may vary these Terms at any time, and by continuing to use the First Choice Liquor eBay store you consent to any variations. First Choice Liquor will not notify you of these variations and it is your responsibility to regularly check these Terms for any variations.

8. Governing Law

These Terms are governed by the laws of Victoria in Australia, and any dispute in relation to these Terms or your access or use of the First Choice Liquor eBay store will be the exclusive jurisdiction of the Courts of Victoria.

9. Miscellaneous

If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force.

Any failure by First Choice Liquor to act or enforce these Terms immediately will not be considered a waiver of First Choice Liquor’s right to take any such action.

Part B - Customer Agreement

This Agreement is a contract between you and Liquorland (Australia) Pty Ltd (ABN 82 007 512 414) (First Choice Liquor) trading as First Choice Liquor. It sets out how you can purchase goods online from First Choice Liquor eBay store. By completing the customer application process and purchasing goods online from First Choice Liquor, you are bound by this Agreement.

All online orders of liquor from First Choice Liquor eBay store are processed and distributed by First Choice Liquor and the Licensee entities referenced and in accordance with the licences outlined below:

First Choice Liquor - Liquor Licence Number

ACT: No. LIQP700383976, LIQP770010162, 14005558, 14005584, 14005615

NSW:No. LIQP700350024, LIQP724005567, LIQP700355042, LIQP700354682, LIQP700351055, LIQP700385642, LIQP700351861, LIQP700354690;LIQP724008828, LIQP770016905, LIQP770010162, LIQP770010143, LIQP700386320, LIQP700352949, LIQP700350431, LIQP770010418, LIQP770016461, LIQP700382090, LIQP700382538, LIQP700383976

QLD: No. 80063, 80081, 92669, 80117, 80047, 80123, 80086, 80050, 80091, 80057, 80084, 80056, 80052, 80099, 80068, 80092, 80094, 80064, 80098, 83920,85843, 80051, 80115, 92211, 80067, 80122, 80120, 80089, 80102, 80105, 80103, 80114

SA: No. 50400828, 50102501, 50403347, 50102218, 50401002

VIC: No.32057087, 32058229, 32059217, 32059704, 32061599, 32061434, 32059623, 32059631, 32060056, 32000941, 32024123, 32061256, 32006002, 32061426, 32007977, 32063402, 32063818, 32002480, 32024610, 32064254,32020412, 32057736, 32064830, 32065284, 32065925, 32053407

WA:
Licence Number: 6030143520, Class of Licence: Liquor Store, Licensee: Liquorland (Australia) Pty Ltd, Address: 197 Warwick Road, Duncraig WA 6023
Licence Number: 6030146028, Class of Licence: Liquor Store, Licensee: Liquorland (Australia) Pty Ltd, Address: 15 Ocean Keys Boulevard, Clarkson WA 6030
Licence Number: 6030053181, Class of Licence: Liquor Store, Licensee: Liquorland (Australia) Pty Ltd, Address: 11 Main St WA 6069
Licence Number: 6020029967, Class of Licence: Tavern, Licensee: Liquorland (QLD) Pty Ltd, Address: 1120-1124 Albany Highway, Bentley WA 6102
Licence Number: 6030003111, Class of Licence: Liquor Store, Licensee: Liquorland (Australia) Pty Ltd, Address: 810 North Lake Road, Jandakot WA 6164
Licence Number: 6030103326, Class of Licence: Liquor Store, Licensee: Liquorland (Australia) Pty Ltd, Address: 5 Settlers Avenue, Baldivis WA 6171
Licence Number: 6030041418, Class of Licence: Liquor Store, Licensee: Liquorland (Australia) Pty Ltd, Address: 6 Olive Road, Falcon WA 6210
Licence Number: 6030004101, Class of Licence: Liquor Store, Licensee: Liquorland (Australia) Pty Ltd, Address: 273 Great Eastern Highway, Midland WA 6056
Licence Number: 603200216615, Class of Licence: Liquor Store, Licensee: Liquorland (QLD) Pty Ltd, Address: 361 High Road, Riverton WA 6148
Licence Number: 6020001800, Class of Licence: Tavern, Licensee: Liquorland (QLD) Pty Ltd, Address: 326 Canning Highway, Bicton WA 6157

1. INTERPRETATION

In these Terms:

Agreement is an agreement between you and First Choice Liquor to supply the Goods, and consists of the Order and these Terms;

Click & Collect Collection Point is the First Choice Liquor outlet selected by you to collect the Goods consistent with your Click & Collect Order. Click & Collect facilities are available from selected locations throughout Australia;

Click & Collect Order means the Order you place using our Click & Collect option available on the First Choice Liquor eBay store;

Delivery Fee is the address where the Goods are to be delivered as stated on the eBay Order;

Delivery Fee

Here’s how to get in touch:

  1. Near the bottom of their listing, select Ask a question
  2. On the Find answers page, choose the topic that best matches your question
  3. If you can't find a solution to your question, select Contact the seller
  4. Enter the topic and your question for the seller
  5. Select Send a copy to my email address if you'd like to keep a copy of the message
  6. Enter the verification code shown and select Send

Delivery Fee is the fee payable to First Choice Liquor for delivery of the Goods to your Delivery Address and handling and other costs associated with processing your Order, including but not limited to a Click & Collect Order. Fees and conditions may vary depending on your location and the delivery option you select. Full details are available here ;

Goods are items in an Order, and include packaging;

Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information;

Licensed Premises means the licensed premises as per each liquor licence and outlined here, and referred to jointly and severally as the context requires;

Order(s) is an order(s) by you to purchase the Goods from First Choice Liquor and includes any order made using the First Choice Liquor eBay store or any Click & Collect Order placed on First Choice Liquor eBay store;

Personal Details includes your name, the Delivery Address and payment details;

Product List is the list of Goods displayed on the First Choice Liquor eBay store;

Terms means these terms, and any additions or variations; and

Website includes without limitation First Choice Liquor website.

2. THE AGREEMENT

An Agreement exists between you and First Choice Liquor once First Choice Liquor receives and accepts an Order at the relevant Licensed Premises, and First Choice Liquor has no obligation to supply the Goods until the Order has been accepted. Each Order may be accepted by First Choice Liquor at its absolute discretion and First Choice Liquor expressly reserves the right to limit sales to reasonable quantities as determined at the sole discretion of First Choice Liquor. Each Order generates a separate Agreement. Persons under 18 years of age are not permitted to place an Order.

3. CUSTOMER APPLICATION

Accurate information: Information provided by you in the Order must be accurate and complete. You must inform First Choice Liquor if there's a change to your details.

Delivery area: Orders for delivery to addresses that are not in the First Choice Liquor delivery area cannot be processed. We’ll let you know if your Delivery Address is not in an area where First Choice Liquor delivers Goods for any delivery option.

Date of birth: Your date of birth may be required by relevant State or Territory liquor licensing laws. You are required to provide this information truthfully at the time of registration or placing your Order.

4. ORDERS, DELIVERY AND COLLECTION OF GOODS

Age: It is against the law for First Choice Liquor or you to sell or supply liquor to, or obtain liquor on behalf of, a person under the age of 18 years. In placing the Order, you warrant to First Choice Liquor that:

a. You are over the age of 18 years and will produce evidence of age to the satisfaction of First Choice Liquor when requested at the time of delivery,

b. Any person that you are obtaining the Goods for, or supply the Goods to, is over the age of 18 years, and

c. You will not take or supply any part of your Order to any liquor-restricted area or community.

Changes to or cancellations of Orders: If you need to make changes to or cancel your Order, contact us via eBay Messages and we can discuss options with you. We may also cancel the whole or part of your Order before delivery if your Order is in breach of this Agreement or the law.

Delivery: First Choice Liquor will deliver the Goods to you at the Delivery Address. While we will make our best effort to deliver within the time agreed with you, events beyond our reasonable control may occur from time to time which means that these delivery times may not be met. If this occurs, we will endeavour to contact you to arrange an alternative delivery time. Please check our Delivery & returns page for more details

Collection of Click & Collect orders: Collection of Orders is from the Click & Collect Collection Point. Collection will be available within the timeframe specified from when the order has been placed. First Choice will store your purchases for 5 business days for you to collect before it is returned to stock and your PayPal refunded the purchase price. Ensure you collect your orders in time.

Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by First Choice Liquor to be authorised to receive the Goods. If the Order includes tobacco, liquor or other products where there’s a minimum age required to purchase, you must ensure that a person over the age of 18 years is available to accept these Goods. Delivery of liquor will be subject to liquor licensing requirements and will not be made to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or deemed to be unsuitable. If the Order contains liquor or tobacco products, First Choice Liquor may request evidence that the person collecting the Order is 18 years or older. If the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age, or we believe that they are acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they are under 18 years of age), First Choice Liquor may refuse to deliver the Goods. First Choice Liquor may refuse to provide liquor to a person who is intoxicated or disorderly.

Additional delivery fee: If there is no one at the Delivery Address or no one of appropriate age and suitability to receive, sign and pay for the Order when the Goods are delivered, the Goods will not be left at the Delivery Address. Where this occurs, we will endeavour to contact you to discuss options for re-delivery and an additional delivery fee may apply.

Minimum order value: We reserve the right to set a minimum order value.

Order limits: Limits apply to all Orders as follows:

Type Limits
Delivery 60 units per wine, 5 cartons per beer, cider or pre-mixed drinks, 12 units per spirit
Click & Collect 60 units per wine, 5 cartons per beer, cider or pre-mixed drinks, 12 units per spirit

Areas we don't currently service: We’d love to deliver everywhere however there are a few places we can’t.

We deliver anywhere in Australia, except for areas that are classified by eBay as zones that contain dry area postcodes, the Australian Government as dry zones, Australian Islands that are classified as in International Waters or areas determined by Coles Liquor based on state and local legislation and restrictions and Coles’ responsible supply of alcohol policies having regard to our commitment to harm minimisation. Please view our list of affected zones below:

Impacted_eBay_zones

Additional services: From time to time, First Choice Liquor may offer you additional services including, but not limited to, party plan services. You acknowledge that all terms and conditions of such additional services shall apply and form part of these Terms. You acknowledge that First Choice Liquor is not making and has not made any warranty or representation as to the additional services or the suitability of the additional services to you, other than any warranty or representations that cannot be excluded by law. To the maximum extent permitted by law, all other warranties and representations are excluded.

Item Vintages: vintages shown on product images may not be available in your local store or for delivery. Products of specific vintage release will include specific vintage information in the item description

1. RISK AND TITLE IN THE GOODS

Risk in the Goods passes to you upon delivery at the Delivery Address or collection at the Click & Collect Collection Point. Title in the Goods passes to you upon cleared payment in full by you to First Choice Liquor.

2. RETURNS AND REFUNDS

You can return the Goods or make a claim for a refund if:

a. you believe that Goods we charged you for were not provided, or
b. there is a fault or defect with the Goods you have purchased.

Any returned Goods will be refunded using the same method of payment and price as the original transaction and must:

a. be returned within 28 days of purchase,
b. be unopened,
c. be in a re-saleable condition, and
d. where purchased in carton form, be returned as full cartons.

Please see our detailed Returns policy here

Contact us via eBay Messages and a customer service representative will assess your request to return the Goods or arrange a refund of the purchase price or for the Goods to be collected. Goods may be accepted for return at the absolute discretion of First Choice Liquor. For all returns and refunds, you must provide evidence of purchase.

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this section 6, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You’re 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.

3. PRICE OF GOODS AND PAYMENT

Delivery Fee: If required by First Choice Liquor, you must pay the Delivery Fee for each Order with First Choice Liquor eBay store. You acknowledge that the Delivery Fee may not be refundable.

Specials: First Choice Liquor eBay store offers many catalogue specials and exclusive eBay specials, but please be aware some specials may not be available online at First Choice Liquor website or in First Choice Liquor stores in all areas.

Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and as appears on the Order confirmation, except:
a. if a Good is out of stock, in which case you won’t be charged for that Good,
b. where you have accepted to substitute Goods, First Choice may substitute the Goods and you will be charged at the lower of the original or the substitute price at the time the substitute Good is processed for your Order, and
c. if you modify your Order, in which case all prices will update to the then-current prices.

Pricing and product information errors: First Choice Liquor reserves the right to amend any pricing or product information errors displayed due to human error, computer malfunction or other reason. First Choice Liquor will notify you if it becomes aware of any error in pricing or material error in product information and you may elect to not purchase any Goods where the price or product information has been corrected.

a. All prices are Australian dollars and are inclusive of GST.
b. Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated once your delivery details are provided in the checkout.
c. Product prices for products listed on the First Choice Liquor eBay store are applicable to online purchases through eBay only. Product prices listed may vary from prices within First Choice Liquor retail stores or the First Choice Liquor website.
d. Promotional offers and prices are as stated, with no further discounts available. e. Bundle Buy Save Value is based on regular shelf prices of individual bottles. f. Prices are subject to variation – all current prices are displayed with the product.

Tax invoice: Before or upon delivery of the Goods, well provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.

Method of payment: You shall pay for the Goods at the time of purchase on eBay. You may use your PayPal account and associated credit card.

4. OUT OF STOCKS AND SUBSTITUTION

First Choice Liquor does not provide rain checks on Goods ordered by you. If the items you have ordered are out of stock First Choice customer service will endeavour to contact you to offer a substitution of goods. If you are unhappy with the offered substitution we will cancel the order and complete a refund.

5. PACKAGING AND LABELLING OF GOODS

First Choice Liquor aims to provide up-to-date pictures and details of the Goods on the First Choice Liquor eBay store. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. First Choice Liquor does not warrant the accuracy of the information contained on the First Choice Liquor eBay store, any descriptions or pictures, and recommends that you read labels carefully before consuming Goods.

6. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that First Choice Liquor or its related corporations own or are licensed to use all Intellectual Property Rights in First Choice Liquor, including any images, photographs or text that appears on the First Choice Liquor eBay store. You must not make any representation to the contrary and you must not use or copy First Choice Liquor eBay store in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the First Choice Liquor eBay store are owned by or licensed to First Choice Liquor or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.

7. LIABILITY

7.1 First Choice Liquor will use reasonable care and skill in fulfilling the Orders.

7.2 We are responsible for loss suffered by you as a result of:
a. our negligence if it causes personal injury or death, or
b. a serious breach of this Agreement by us, if that loss was reasonably foreseeable at the time.

7.3 Subject to clause 7.2 and to the extent permitted by law, you release and discharge First Choice Liquor and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss of damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with First Choice Liquor or this Agreement (including the installation, downloading, use or performance of any software related to the First Choice Liquor eBay store).

7.4 Provided that it is fair and reasonable to do so, any liability by First Choice Liquor resulting from a breach of warranty (express or implied) will be limited as follows:

a. If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods, or
b. If the breach relates to services, to the re-supply of the services or the cost of having the services supplied again.

7.5 The limitations in clause 7.4 do not apply to any condition or warranty implied by legislation that does not permit the liability of First Choice Liquor to be limited.

8. USE OF THE First Choice Liquor eBay store

You may only use the First Choice Liquor eBay store for personal, non-commercial purposes unless First Choice Liquor provides express written consent to the contrary. Your use of the First Choice Liquor eBay store is governed by the terms of use for First Choice Liquor eBay store which can be viewed at Part A – Terms of Use for First Choice Liquor eBay store.

9. USERNAME AND PASSWORD

You are responsible for the safekeeping of your user name and password. You are liable if your account is misused by an unauthorised person.

10. NOTIFICATION OF CHANGES

First Choice Liquor may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 17. Any Order placed by you after notice will constitute your deemed acceptance of such changes.

11. PRIVACY AND SECURITY

For details on First Choice Liquor commitment to your privacy, please refer to our Privacy Policy.

12. TERMINATION

First Choice Liquor may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 17) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. First Choice Liquor may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders at First Choice Liquor at any time.

13. NOTICES

First Choice Liquor may give notice to you by email, conventional mail or notice on the First Choice Liquor Website. You may give notice to First Choice Liquor by email via eBay Messages

14. SEVERABILITY

Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.

15. LAWS

The laws of Victoria govern this Agreement.