As a condition of using this website, you agree to comply with and be subject to all the following terms and conditions of use.
1) When placing an order via www.theka.com.au (‘the website’), you (‘purchaser’, ‘customer’, ‘consumer’) confirm that all of the details provided in completing the order and offer to purchase the liquor are true and correct.
2) It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
3) THEKA Pty. Ltd. (‘we’, ‘us’, ‘our’) reserve the right to limit purchases to retail quantities, cancel the order, and refuse sale based on the incorrect pricing or stocking info.
4) We cannot be held responsible for any monetary or another type of inconvenience caused.
5) Your personal information is collected when using the website in accordance with the relevant Australian laws.
8) 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.
9) We will not deliver unless all the requested delivery details when you place your order. It is against the law to sell/supply alcohol, obtain alcohol on behalf of, or deliver alcohol to a person under 18 years.
10) You agree that any person at your given address, can receive your ordered products as being authorised for that purpose.
11) We will not deliver your order in any of the following delivery circumstances:
a. recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs.
b. 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).
c. We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
12) Our liquor licence requires all deliveries to take place within the following times:
a. Between the hours of 10am and 9pm on any given day.
b. Between 10am and 9pm on ANZAC Day.
13) No deliveries will take place on Good Friday or Christmas Day.
14) We may cancel your order before delivery in whole or in part.
15) We may do this even if we have received payment from you or sent you a tax invoice.
16) Any such cancellation shall be by giving you such reasonable cancellation notice as we can provide via any of the contact details, we have for you.
The circumstances in which we may cancel your order are, if:
a. Any of the ordered products are not available.
b. There was an error in the description of any ordered products, or their price as advertised by us.
c. Your order is in breach of these or any other relevant terms and conditions or is contrary to a person’s rights or any law; or,
d. These terms and conditions provide that we may not deliver your order.
17) You agree that you cannot change or change or cancel an order after it has been placed. If you wish to change or cancel an order, please contact THEKA Customer Service as soon as possible via email at firstname.lastname@example.org.
18) Every attempt will be made to accommodate your request, however unfortunately no guarantee can be given once an order has been placed.
19) 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.
20) If your order has already been processed, you may still be able to return your order by returning the goods in their original packaging, and unopened. Conditions apply and may incur some restocking/handling fees.
21) 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.
22) 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.
23) You agree that 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 this will be not covered by the insurance.
24) We recommend you select insurance to cover the delivery & handling to your desired destination.
25) 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.
26) 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.
27) 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” or “Cancellations” above) you agree that title in those products shall pass back to us.
28) Our terms and conditions may change or be suspended or terminated from time to time. Continuing to use our online site, including using or ordering will be deemed acceptance of the amended/current terms and conditions.
29) 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.
30) Our 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. We further does not warrant the accuracy and completeness of the materials, information or services at this site.
We 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. The materials and services at this site may be out of date, and we make no commitment to update the materials and services at this site.
31) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
a. to cancel your service contract with us; and
b. to a refund for the unused portion, or to compensation for its reduced value.
32) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
33) 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:
a. You acknowledge that our website and all mobile applications (‘the sites’) are provided “as is” and that we do not make any warranty or representation as to the suitability of the sites, anything (including content and websites) to or from which the sites are linked or any product for any purpose.
b. The content of the sites and all content to or from which the sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision.
c. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the sites, the subject matter of our Terms and Conditions of use and all content to or from which the sites are linked.
d. We will not incur any liability for indirect and consequential loss arising from or arising out of our Terms and Conditions of use 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.
e. 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).
f. Where we refund you the amount of your order as provided in your Terms and Conditions of use constitute the total amount of liability to your for all circumstances in connection to the goods and services provided by us to you and all conditions concerning the refund provided to you.
34) Our liability to you for loss or damage of any kind arising out of our agreement with you by virtue of these Terms and Conditions of use or in connection with the relationship established by it are 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.
35) Promotional vouchers cannot:
a. Be exchanged for cash.
b. Used in conjunction with any other promotional voucher.
c. Re-used for another transaction; or,
d. partially used across multiple orders.
36) By accessing our services, you accept that any disputes are to be determined by the courts having jurisdiction in the State of Victoria pursuant to the laws of the State of Victoria (except any principle of conflict of laws inconsistent with this requirement).