Terms & Conditions

Welcome to www.departedspirits.com.au.

These Terms and Conditions govern your use of the Website and any purchases you make through it. By accessing or using the Website, you agree with Departed Spirits Co. Pty Ltd (Departed Spirits, We, Our or Us) to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website.

We encourage you to review our Privacy Policy, which explains how we collect, use, and disclose your personal information. By using this Website, you acknowledge and agree to our Privacy Policy.

Departed Spirits supports the Responsible Service of Alcohol. All online liquor sales are processed under Liquor Licence no LIQP770018019.

Liquor licensing legislation in Australia is state and territory based:

Australian Capital Territory: A person must not sell or supply liquor to a person under the age of 18 years on  premises where the sale or supply of liquor is authorised or in a public place. Maximum Penalty $5,500 - Liquor  Act 2010.

New South Wales: It is against the law to sell or supply liquor to, or to obtain on behalf of, a person under the  age of 18 years - Liquor Act 2007.

Northern Territory: 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 - Liquor Act 2019.

Queensland: It is an offence to supply liquor to a person under the age of 18 years - Liquor Act 1992.  

South Australia: Liquor must not be supplied to persons under the age of 18 years - Liquor Licencing Act 1997.

Tasmania: It is an offence for liquor to be delivered to a person under the age of 18 years (penalty fine not  exceeding 20 penalty units), and for a person under the age of 18 years to purchase liquor (penalty fine not  exceeding 10 penalty units) - Liquor Licencing Act 1990.

Victoria: It is an offence to supply alcohol to a person under the age of 18 years (penalty exceeds $19,000), for a  person under the age of 18 years to purchase or receive liquor (penalty exceeds $800) - Liquor Control Reform  Act 1998.

Western Australia: It is an offence to sell or supply liquor to a person under the age of 18 years on licenced or  regulated premises; and for a person under the age of 18 years to purchase, or attempt to purchase, liquor on  licensed or regulated premises - Liquor Control Act 1988.

  1. 1.1 The information provided on this Website, including the availability and description of our products, third-party products, promotional information, and delivery information, is subject to change without notice.
  2. 1.2 While we strives to keep the information on this Website accurate and up-to-date to the extent allowed by law, we do not accept responsibility for, and make no warranties or representations regarding, the accuracy, reliability, completeness, or timeliness of the Website (including the accuracy of product images and packaging representations).
  1. 2.1 The Website (or social media websites on which we maintain a presence) may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. By accessing these third-party sites, you agree to any terms of access or use imposed by those sites.
  2. 2.2 We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
  1. 3.1 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, and you must confirm that you are 18 years of age or over before your order will be accepted. Departed Spirits reserves the right to require satisfactory proof of age prior to accepting an order.
  2. 3.2 All prices shown on this Website are in Australian dollars.
  3. 3.3 You may purchase goods on this Website by selecting and placing your order through this Website in accordance with these Terms and Conditions. Each purchase or request for purchase of products are subject to these Terms and Conditions.
  4. 3.4 Purchase may only be made through this Website by using one of the valid payment methods indicated at the point of purchase (Payment Method).
  5. 3.5 Any order placed through this Website for any products advertised on this Website is an offer by you to purchase the products for the price (including postage, packaging and any other applicable charges and taxes) notified to you at the time you place the order.
  6. 3.6 Departed Spirits retains the right to refuse any offer made by you. All orders are subject to Departed Spirits’ acceptance and availability and confirmation of price.
  7. 3.7 By placing an order with Departed Spirits, you confirm that all information provided by you during the ordering process, including your delivery address and payment information, is true and accurate.
  8. 3.8 You warrant that you are an authorised holder of the Payment Method (and any related credit or debit card, bank account or other value account linked to your Payment Method) used to complete the transaction, and that the nominated Payment Method will cover the full cost of the goods.
  9. 3.9 By placing an order with Departed Spirits, you authorise us to debit the amount payable from your Payment Method (and/or any related credit or debit card or bank account).
  10. 3.10 If we are unable to successfully process your Payment Method for payment, we may notify you of the issue and cancel your order.
  11. 3.11 Unless otherwise stated, all prices are inclusive of the Australian Goods and Services Tax (GST) and you acknowledge and agree that GST will be automatically applicable to each order placed. Delivery costs will be charged in addition to all prices, such additional charges being clearly displayed where applicable and included in the ‘Total Cost’ (to the extent that Departed Spirits is reasonably able to determine delivery costs in advance).
  12. 3.12 The delivery costs of your order may vary from the amount stated on the Website, depending on factors beyond Departed Spirits' reasonable control, such as the ultimate destination of the order or other variables.
  13. 3.13 Departed Spirits reserves the right to replace or modify the prices of any products at any time prior to your placement of an order for such products.
  14. 3.14 We will provide a tax invoice for every taxable sale of Website Products made to you.
  15. 3.15 All orders are subject to Payment Method approval and billing address verification. This includes orders associated with the same name, email address, billing address, credit card number or other information.
  1. 4.1 We will not deliver to areas that are classified by the Australian Government as dry zones or general restricted areas or to PO boxes.
  2. 4.2 We will not deliver your order if we consider any delivery circumstances are 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 to accept delivery for any reason (including because they may be under 18 years).
  3. 4.3 We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
  4. 4.4 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.
  5. 4.5 During checkout, you are required to select a shipping option and the associated cost will be displayed.
  6. 4.6 If you have provided incorrect or outdated delivery details, you agree that Departed Spirits will not be held liable for delivery to the address provided by you.
  7. 4.7 Departed Spirits may have regard to any delivery instructions (at point of delivery) provided by you, but does not accept responsibility or obligation to carry out such instructions.
  8. 4.8 You will own the goods once they have been paid for and sent by us to you, and you will therefore be responsible for all risks of whatever nature that arise once the goods have been dispatched in good order by us to you.
  9. 4.9 After your order is accepted and payment is processed, it will be dispatched from our warehouse. Shipping to metro addresses usually takes between 1 to 7 days via standard shipping and 1 to 3 days via express shipping, based on our delivery provider. However, shipping to regional locations may take longer based on our delivery provider.
  10. 4.10 Although Departed Spirits and its delivery providers make every effort to deliver within the expected time frames, we do not guarantee such time frames and are not liable for any loss resulting from late delivery, including delays caused by epidemic or pandemic. Delivery times are subject to postal carrier transit schedules and schedule variations. Departed Spirits is not responsible for any carrier delay arising for any reason whatsoever.
  11. 4.11 We may record all details relating to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph of the completed delivery. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, and complying with record keeping requirements under liquor licensing laws and law enforcement.
  12. 4.12 If you have given us permission to leave your order at the delivery address and we find it unattended at the time of delivery, we may proceed to leave the order at the address you provided.
  1. 5.1 If you are a Northern Territory resident or ordering this for delivery to the Northern Territory, the listing of a product on our website does not constitute an offer to sell that product to you. Prior to any offer or acceptance, additional price checks will be completed and the price of the product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation. This may change the final price calculation for your order.
  1. 6.1 Replacements, credit notes, returns and refunds will only be provided if the product is found to be faulty or damaged, at our sole discretion. If you believe a product is faulty or damaged, please notify us within 3 days of delivery. We may request evidence to support your claim before issuing you a refund. If a return is accepted, we may provide free return shipping and issue a replacement, credit note or refund once the faulty or damaged product is received and confirmed by us.
  2. 6.2 We will notify you via email when your returned item has been received by us. We will also notify you of the approval or rejection of your refund. If approved, we will process your refund back on the Payment Method you purchased with. Refunds may take up to 5 business days. If your refund is not approved, you are responsible for return postage.
  3. 6.3 We reserve the right to cancel your order for delivery in exceptional circumstances, in which case we will issue you a refund. These circumstances may include, but are not limited to, unavailability of the ordered products, errors in the price or description of the ordered products, or if we believe that your order is in breach of these Terms and Conditions.
  1. 7.1 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 our products repaired (where appropriate) or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
  2. 7.2 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.
  3. 7.3 These Terms and Conditions do not restrict or modify the rights and remedies to which you may be entitled to under the consumer guarantee provisions of the Australian Consumer Law.
  4. 7.4 Without displacing the operation of the Australian Consumer Law and to the extent permitted by law, this Website and all Content is provided “as is” and Departed Spirits disclaims all warranties,
    express or implied, of any kind, including warranties of merchantability or fitness for a particular purpose and non-infringement.
  5. 7.5 You agree that you use the Website at your own risk.
  6. 7.6 Departed Spirits makes no representations that this Website will operate error-free or that the Website, its servers or the Content are free of viruses or similar harmful features.
  7. 7.7 To the extent permitted by law, under no circumstances shall Departed Spirits be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, lost profits, lost data or business interruption) that result from the use of, or inability to use this Website or the Content even if Departed Spirits has been advised of the possibility of such damages. Furthermore, our liability to you for loss or damage of any kind arising out of or in connection with our agreement or relationship with you is reduced to the extent that you cause or contribute to the loss or damage. This clause applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
  8. 7.8 Where Departed Spirits provides you with a refund, you agree that the refund is the total amount of Departed Spirits’ liability to you in relation to all circumstances relating to the refund.
  9. 7.9 You agree to indemnify, defend and hold harmless Departed Spirits, its directors, management, officers, employees, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use of this Website or your breach of these Terms and Conditions. Nothing in these Terms and Conditions derogate from Departed Spirits’ right to maintain any action against you for any part of any unpaid purchase price, for any monies owed to Departed Spirits or for any damages, loss, liability or other cause of action.
  1. 8.1 All materials on the Website, including but not limited to artwork, photographs, data, text and trademarks (Content), are owned by or licensed by Departed Spirits and are subject to copyright and other intellectual property rights. Content is protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted, and may not be used except as permitted in these Terms and Conditions or as indicated on the Website.
  2. 8.2 The use of Content by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is obtained from us or the third- party owners.
  3. 8.3 Departed Spirits reserves all other rights to the Content. You acknowledge that you do not acquire any ownership rights by printing, copying or distributing any Content from the Website.
  4. 8.4 You agree not to circumvent, disable or otherwise interfere with security related features on the Website.
  5. 8.5 If you correspond or otherwise communicate with us, you automatically grant to Departed Spirits an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.
  1. 9.1 For refunds, cancellations and other order queries, Departed Spirits can be contacted at contact@departedspirits.com.au.
  2. 9.2 These Terms and Conditions are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales (and any court of appeal) and waive any right to object to an action being brought in those courts including by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.
  3. 9.3 If any provision of these Terms and Conditions shall become or be declared unlawful, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other provisions in these Terms and Conditions may be severed without affecting any other provision.
  4. 9.4 If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, it is to be read down to the extent necessary to preserve its operation or if it cannot be read down, it is to be severed to the extent of its illegality, invalidity or unenforceability and replaced by a legal, valid, and enforceable provision which so far as is possible will have the same economic benefit or burden for the parties as the severed provision was intended to achieve.
  5. 9.5 These Terms and Conditions together with the Privacy Policy and any other legal notices published by Departed Spirits on the Website shall constitute the entire agreement between you and Departed Spirits concerning the Website.
  6. 9.6 Any waiver or consent given by Departed Spirits under these Terms and Conditions will only be effective and binding if it is in writing and signed by Departed Spirits. Without limiting the foregoing, any failure to, delay in or partial exercise or enforcement of, any right, power or remedy by Departed Spirits provided under these Terms and Conditions or at law does not constitute a waiver of that right, power or remedy, nor will it affect or impair the right of Departed Spirits to exercise or enforce them at a later time or to pursue remedies it may have for any subsequent breach of these Terms and Conditions.
  7. 9.7 Departed Spirits reserves the right to revise these Terms and Conditions at any time without prior notice. Any changes will be posted on this Website, and by continuing to use the Website, you agree to be bound by the most current version of these Terms and Conditions. We recommend that you check these Terms and Conditions periodically to ensure you are aware of any updates or changes.