TALL TIMBERS MANJIMUP
DELIVERY TERMS

Address for delivery

You agree that the address to which Tall Timbers 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.

Tall Timbers will not deliver unless all requested delivery details are given when you place your order.

Tall Timbers is licensed to sell alcohol to Australian residents only and can only deliver alcohol to addresses located in Australia. Tall Timbers accepts no responsibility for any arrangements made by you for the delivery of alcohol outside of Australia.

Delivery of alcohol into certain areas in Australia is restricted. Tall Timbers will not deliver alcohol to the following postcodes in Queensland: Aurukun Postcode – 4871, Bamaga Postcode – 4876, Cherbourg Postcode – 4605, Doomadgee Postcode – 4830, Hope Vale Postcode – 4871, Injinoo Map Postcode – 4876, Kowanyama Postcode – 4871, Lockhart River Postcode – 4871, Mapoon Postcode – 4871, Mornington Island Postcode – 4825, Napranum Postcode – 4874, New Mapoon Postcode – 4876, Palm Island Postcode – 4816, Pormpuraaw Postcode – 4871, Seisia Postcode – 4876, Umagico Postcode – 4876, Woorabinda Postcode – 4713, Wujal Wujal Postcode – 4873 and Yarrabah Postcode – 4871.  These areas may be modified or added to from time to time.

 

Delivery pre-conditions

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.

We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met. Our couriers reserve the right to request photographic ID before handing over any Beer, Cider & Wine products.

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 may be 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).

 

Authority to Leave option

In some cases, we may agree to delivery using the Authority to Leave option. This means that the Beer, Cider & Wine products will be left at the supplied address in a safe place or else a card will be left instructing recipients to collect the Beer, Cider & Wine products from your nearest Post Office. If we accept your request for delivery using the Authority to Leave option and there are persons at the supplied address who cannot provide proof of age ID at the time of delivery, the Beer, Cider & Wine products will not be left at your premises and instead will be available for collection from your nearest Post Office subject to presentation of valid ID. Tall Timbers and its contractors associated with the delivery do not accept responsibility for any loss or damage which results from the Authority to Leave delivery method. You agree to release Tall Timbers from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, suffered or incurred by you or any other person or entity as a result of using the Authority to Leave delivery method.

 

Delivery times

Beer, Cider, Wine and gourmet products will be delivered using the Australia Post eParcel or Star Track delivery service. Depending on your location within Australia, the delivery time will usually be within 5 working days from the time we process your order. Deliveries are normally made between Monday and Friday, 9.00am and 5.00pm.

Tall Timbers 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.

 

Delivery returns/non-collection

If you are not available to accept delivery (and we have not otherwise agreed to delivery using the Authority to Leave option), the courier will leave a note for later collection from your nearest Post Office. The Post Office will only release the Beer, Cider & Wine products upon presentation of identification that corresponds to the name of the consignee. If the order is not collected within the timeframe notified to you by Australia Post, it will be returned to Tall Timbers distribution centre. If re-delivery is required, you will be responsible for any charges incurred in re-delivering the Beer, Cider & Wine products to you.

Tall Timbers accepts no responsibility for deliveries to incorrect or incomplete addresses provided by customers. If you provide an incorrect address and delivery is completed, you will be responsible for the purchase. If you provide an incorrect address and delivery is not completed, the order will be returned to Tall Timbers distribution centre and you will be responsible for any charges incurred in re-delivering the Beer, Cider & Wine products to the correct address.

If your order has not been delivered, please contact the Tall Timbers Customer Service Team by email [email protected] or by telephone on 08 9777 2052

Cancellation of Order by Tall Timbers

By Tall Timbers: Tall Timbers 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. 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. If we cancel your order we will refund the amount paid by you for those products. The circumstances in which we may cancel your order are if:

  1. any of the ordered products are not available;
  2. there was any error in the description of any ordered products or their price as advertised by us;
  3. 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
  4. these Terms of Sale 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 the Tall Timbers Customer Service Team as soon as possible on 9777 2052

 

Delivery records

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.

 

Risk and title

You agree that risk and title to products appropriated to your order passes on delivery of them to your nominated delivery address 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). Tall Timbers accepts no responsibility for damage caused to Beer, Cider & Wine products after delivery.

 

What if I want to return or seek a refund for Beer, Cider & Wine products I have ordered?

Our Beer, Cider & Wine 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 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, you must, within 30 days of delivery of the Beer, Cider & Wine product, provide Tall Timbers with written notice to [email protected] reasonable particulars of the alleged damage or quality issue. Tall Timbers (or any of its agents) may not accept a claim for any damage to the Beer, Cider & Wine products which occurred during transit or for any Beer, Cider & Wine products that are not of acceptable quality where written notice is not provided within this period. On accepting your claim, Tall Timbers will, at its discretion, replace or refund the Beer, Cider & Wine products and pay for any additional delivery charges.

Other than in the circumstances set out in this section (or in the event that your order has been cancelled by Tall Timbers), Tall Timbers will not be obliged to accept any return or make any refunds to you in respect of the Beer, Cider & Wine products, including but not limited to a change of mind by you.

What if the Beer, Cider & Wine products I have ordered is out of stock?

All Beer, Cider & Wine products are sold on a ‘while stocks last’ basis.  We will contact you if we have out of stock of the Beer, Cider & Wine products ordered and paid for by you and you can elect to either substitute the product for another Beer, Cider & Wine product of equal value or receive a refund of your money in full.

 

Liability disclaimer

Our Beer, Cider & Wine 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:
1. you acknowledge that our sites (including this website and all mobile applications) (“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;

2. 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;

3. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the Sites are linked;

4. 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;

5. 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

  1. where we refund you the amount of your order as provided in your agreement with us 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.

 

How can Tall Timbers make changes to these Terms of Sale?

Tall Timbers may amend, suspend or terminate these Terms of Sale from time to time.  We will give notice of any such matters our website www.talltimbersmanjimup.com.au. You should regularly check the Terms of Sale displayed on the website.

If Tall Timbers decides to amend these Terms of Sale in a way that it reasonably considers will substantially and adversely affect your rights, Tall Timbers will give you notice by electronic mail or by regular mail to the address provided by you in your account settings. Continuing to use the Tall Timbers facilities, including making an order for any Beer, Cider & Wine products following receipt of such notice will constitute acceptance of the changes to these Terms of Sale.

 

How will Tall Timbers use my personal information?

Unless you ask us not to, Tall Timbers may use your personal information (including your name, date of birth, contact number and email) to provide information to you about other Beer, Cider & Wine products and services that it may offer from time to time.

 

How do I communicate with Tall Timbers?

If you have a complaint or query, you can contact us by using any of the contact information set out below:

Email [email protected]

Phone: 08 9777 2052

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

Victoria:

WARNING: 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).

Queensland:

Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years.

Western Australia:
WARNING. 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.

South Australia

Liquor Licensing Act 1997 Section 113- Liquor must not be supplied to persons under 18 years of age.

Australian Capital Territory

Under the Liquor Act 2010, a person must not sell or supply liquor to a person under 18 years old on premises where the sale or supply of liquor is authorised or in a public place. Maximum Penalty $5,000.

 

What else should I know?

We can transfer our rights and obligations under these Terms of Sale to any third party provided this does not affect your rights under these Terms of Sale in a negative way.

These Terms of Sale are personal to you. You may not transfer your rights or obligations under these Terms of Sale to anyone else.