TERMS AND CONDITIONS
Welcome to
boozebuddy.com.au and thank you for taking the time to familiarise yourself with
our Terms and Conditions. These Terms and Conditions govern the use of
boozebuddy.com.au ("this website") and cannot be varied by any individual or
entity, unless there has been a prior written agreement between that individual
or entity and BoozeBuddy.
Please also consider
our list of
Frequently Asked Questions and feel free to
contact us with any further queries you may have.
boozebuddy.com.au is
owned and operated by Proverbs22 Pty Ltd trading as eLink Wireless (ABN 80 082
526 154), who maintain this website for your personal entertainment and
information.
For your convenience
our Terms and Conditions are categorised under the headings
General Use and
Online Purchasing as set out below:
|
General Use: |
Online Purchasing: |
The following 'General Use' Terms and Conditions govern the manner in which this website is to be used and specific obligations that users must accept prior to using this website. In addition to these terms, there may also be additional terms that govern your use of or access to specific parts or sections of this website, including, but not limited to the Terms and Conditions associated specifically with Online Purchasing.
Your access, use or
browsing of this website signifies your acknowledgement and acceptance of these
terms, conditions, disclaimers and limitations of liability ("Terms and
Conditions"). BoozeBuddy reserves the right to amend or update these Terms and
Conditions at any time without providing notice to you. Users that do not fully
agree with these Terms and Conditions should immediately exit this website.
If you are under 16
years of age, we require that you obtain the consent of your parents or
guardians before providing us with any information or making any purchases.
Top of Page Close
Window
The readings from any BoozeBuddy blood alcohol level tester, if used as instructed, should provide an indicative guide to the level of alcohol in your body. No testing device is completely foolproof and inaccurate readings can occur due to user error and environmental conditions. Test results from BoozeBuddy blood alcohol level tester cannot be used in any manner as legal evidence, whether in contract, tort (including negligence), statute or otherwise. Users of BoozeBuddy blood alcohol level tester waive and release BoozeBuddy to the full extent permitted by law from any loss, damage, claims, liabilities, expenses (including without limitation legal costs and settlement costs) whatsoever arising out of, or attributable to the use of BoozeBuddy blood alcohol level testers. Please consume alcohol responsibly and do not drink and drive.
Copyright in this
website is owned by BoozeBuddy. Images, photos, video clips, designs, logos and
product copy are either property of, or used with permission by BoozeBuddy and
are protected by copyright, trademarks and other intellectual property right
laws.
Material on this
website may only be used for the purposes of browsing this website and acquiring
the goods of BoozeBuddy. Trademarks used in this website are the property of
their respective owners. The absence of a product or service name or logo from
this website does not constitute a waiver of the respective owners' trademark or
other intellectual property rights concerning that name or logo.
Any unauthorised use of
material on this website may violate copyright laws, trademark laws, the laws of
privacy and publicity and communication regulations and statutes. Users of this
website must obtain permission before copying, downloading or altering material
from this website where this is not used for the purposes of browsing this
website and acquiring the goods of BoozeBuddy.
BoozeBuddy will enforce
its intellectual rights to the fullest extent of the law, including the seeking
of legal prosecution. Please direct all queries relating to the use of
intellectual property on this website
to
management@boozebuddy.com.au.
This website may
include links to other websites operated by other individuals or entities.
These links are provided for your convenience and do not constitute an
endorsement or sponsorship of the practices, views or information contained at
any linked website. BoozeBuddy does not make any warranty or representation
about any linked sites nor can any liability be accepted for any loss or damage
which may arise as a result of accessing or using any material which may appear
at a linked website. Linking to any other website or off-site page is at your
own risk.
The material on this
website may include the views or recommendations of third parties, which do not
necessarily reflect the views of BoozeBuddy. While we take all care to ensure
that this website and its data transmissions are free from viruses, we do not
guarantee that material on this website or any linked website will be free from
viruses, Trojan horses, worms or anything else that may interfere with or damage
the operation of your computer systems, and we accept no liability for any such
interference or damage. It is your responsibility to scan any such data with
current virus-scanning software.
The information
contained in this website is only to be displayed in full screen format (not
framed) unless permission has been obtained from BoozeBuddy. Users posting
information either on or through this website, or linking this website to
another website, indemnify BoozeBuddy for any loss or damage resulting from the
posted material or link.
BoozeBuddy does not
guarantee that access to this website will be uninterrupted.
Top of Page Close
Window
BoozeBuddy is committed
to providing a quality online shopping experience for its customers and makes
every attempt to ensure the accuracy, currency and reliability of information
contained in this website. However, changes in circumstances after time of
publication may impact the quality of this information and BoozeBuddy does not
warrant the accuracy, adequacy or completeness of any material on this website.
All information on this website is subject to change without notice.
The information
provided on this website does not constitute legal or professional advice nor is
it conveyed or intended to be conveyed in the course of any adviser-client
discourse. BoozeBuddy makes the material available on this website on the
understanding that users exercise their own skill and care with respect to its
use. Before relying on the material on this website, users should carefully
evaluate the accuracy, completeness and relevance of the information for their
purposes. BoozeBuddy will not be liable for any misinterpretation of
information contained on this website.
By accessing
information at or through this website each user waives and releases BoozeBuddy
to the full extent permitted by law from any loss, damage, claims, liabilities,
expenses (including without limitation legal costs and settlement costs)
whatsoever arising out of, or attributable to, any content, goods or other
material on this website whether in contract, tort (including negligence),
statute or otherwise. BoozeBuddy will not accept any liability for defamation
resulting from third party material on this website and is not liable for the
actions of users of this website, the providers of information or ideas to this
website or the suppliers of goods purchased from this website.
If the law implies any
condition or warranty liability for breach of which cannot be excluded, our
liability is limited, at our exclusive option to the:
1. supply of the goods or services again,
2. supply of equivalent goods,
3. repair of the goods,
4. payment of the cost of having the goods replaced or repaired; or
5. payment of the cost of obtaining equivalent goods or services.
If any part of these
Terms and Conditions are held to be unenforceable, the unenforceable part must
be given effect to the greatest extent possible and the remainder will remain in
full force and effect. These Terms and Conditions are governed by the laws in
force in
Victoria and you
irrevocably and unconditionally submit to the non-exclusive jurisdiction of the
courts of Victoria and any courts, which may hear appeals from those courts.
Top of Page Close
Window
The following 'Online
Purchasing' Terms and Conditions outline the various terms of the purchase
agreement that must be agreed to before any transaction can proceed.
If you purchase goods
from this website, we may require you to provide your name, e-mail address,
credit card number or other details to enable the processing of any orders that
you make. You agree to provide BoozeBuddy with current, complete and accurate
customer information when asked to do so by this website or a customer service
representative of BoozeBuddy.
Please note that some
products we sell may not be suitable for children because they represent a
choking or some other safety hazard. All customers warrant that they are over
16 or have the consent of their parents or guardians to enter into a purchase
agreement with BoozeBuddy.
Should you have any
complaints about a purchase from BoozeBuddy, please direct these
to
management@boozebuddy.com.au. We also encourage you to visit the
Department of Consumer and Employment Protection for further information
about your rights as a consumer.
Top of Page Close
Window
Prices of goods,
delivery and other charges displayed on this website are current at the time of
display. All prices are in Australian Dollars (AUD) and inclusive of the Goods
and Services Tax (GST) at the current rate of 10%. These prices are subject to
variation without notice.
For your security, we
do not accept orders by e-mail. BoozeBuddy accepts orders through the following
channels:
A. Online
through this website
Ordering and paying online is the most convenient way for you to make a purchase
from BoozeBuddy.
You can order any time of the day or any day of the week. This also ensures
that your order will be processed in the quickest possible timeframe reducing
the time it takes to receive your goods. Shopping on this website is much like
shopping at a traditional 'bricks and mortar' store:
Browse through this website and make your product selection by clicking 'Add To
Cart'. By clicking 'View Cart' you can check / amend your order before checking
out. Once you have finished shopping and adding items to your shopping cart,
click 'Checkout' to commence our safe and secure ordering process.
Step 1 - If this is your first time shopping at
BoozeBuddy, please enter your
details as required. If you are an existing customer, simply enter your e-mail
address and password and all your details will be automatically loaded. Click
'Proceed' when you have completed entering your details correctly.
Step 2 - Select the delivery service you would like us to use for shipping your
order, then click 'Proceed' when you have made this selection.
Step 3 - Confirm that your order details are correct, and if so, click 'Place
Order'.
Step 4 - Enter your payment method details as required and click 'Process
Order'.
By
completing the steps above, your order will be on its way to us. You will also
receive an e-mail seconds after placing your order confirming what you have
ordered, total price and other details. Please review this e-mail and reply as
soon as possible if there are any errors.
If for some reason you have difficulty placing your order online, or you do not
wish to place your order online, please consider the alternative ordering
options below:
B. Fax
To order by fax, simply download, complete and fax this
Order Form
to: (03) 98461545. Please ensure that your fax includes all required details on
the
Order Form and is sent with subject 'ORDER'. We will send you an e-mail or
call you to confirm your order once we have received payment.
C. Post
To order by post, simply download, complete and post this
Order Form to:
BoozeBuddy
(Attn: Orders Department)
4 Lisa Close
Doncaster East, Vic 3109
Australia
Please ensure that all required details on the
Order Form are completed and please do not send cash through the post. We
will send you an e-mail or call you to confirm your order once we have received
payment.
Please note that
where you do not order online, nominating an e-mail address and password will
allow you to log into the
My Account section of this website and check the status of your order(s).
By registering in this way, you will also receive e-mail updates on the status
of your order(s).
BoozeBuddy accepts the
following forms of payment for orders:
1. BankCard,
Visa, or MasterCard
For your security, please do not send credit card details by e-mail. The most
secure and convenient method of credit card payment is via this website.
Alternatively, please include your credit card details on our
Order Form when ordering by fax or post.
Please note that most online and phone credit card orders are charged upfront,
at the time the order is made (unless your order comprises pre-order or
back-order items). We do this to validate the order and to substantially reduce
our processing time. This ensures that as a customer, all you need to do is sit
back and wait for your order to arrive.
2. Electronic Funds
/ Telegraphic Transfers or BPAY
Please make all funds transfers to the following bank account:
|
BSB:
|
033-028 Doncaster East, Vic 3109 Australia. |
Where possible, please
use your order number and/or full name as the reference in all funds transfers
to streamline our processing of your order.
3. Cheques / Money
Orders
We accept personal,
business or bank cheques and money orders. Please make all cheques / money
orders out to eLink Wireless and where possible, record your order number on the
back of the cheque / money order to streamline our processing of your order.
Please post all cheques / money orders to:
BoozeBuddy
(Attn: Orders Department)
4 Lisa Close
Doncaster East, Vic 3109
Australia
Please note:
BoozeBuddy can only accept cheques drawn on an
Australian Bank and will only dispatch goods upon receipt of cleared funds.
This is normally 5 business days upon receipt of a cheque / money order and 3
business days following an electronic funds transfer, depending on the
originating bank. Payment by credit card is the quickest way of having your
order on its way to you. All orders for which payment is not received within 10
business days will be cancelled.
Placement of an order
by you constitutes an offer to enter into an agreement with us. Upon the
receipt of an order we will communicate to you (normally by e-mail), a
confirmation that we have received the details of your offer. In the case of
online orders, we will also confirm the dispatch of your order, with consignment
details for online tracking where available.
No contract will exist
between you and BoozeBuddy for the sale by it to you of any product unless and
until BoozeBuddy confirms acceptance of your order by e-mail or phone. In the
case of e-mail communications, that acceptance will be deemed complete and will
be deemed for all purposes to have been effectively communicated to you at the
time BoozeBuddy sends the e-mail to you (irregardless if you receive that
e-mail).
At all times we will
contact you as soon as possible should a problem exist with your order. A
customer service representative may also contact you from time to time for
security reasons to confirm the authenticity of your order.
Orders will be
processed and dispatched, subject to product availability, based on the delivery
service chosen. It is extremely important that order forms contain correct and
complete information. Should you enter the wrong address, for example, we are
not obliged to re-send the order to the correct address at our expense.
Redirection to an address other than that contained within your original order
will incur you additional charges. Accurate contact information, such as
telephone numbers etc., allows us to contact you in the event of a problem with
your order.
Orders will not be
dispatched until full payment has been received and BoozeBuddy is satisfied with
the integrity of the order. BoozeBuddy is not responsible for any loss or
damage caused by late delivery of a product or cancellation of an order.
You can enquire about
your order online through the
My Account
section of this website, which will contain details of your order and its
status. You are also welcome to use our
Feedback
Form.
Top of Page Close
Window
We reserve the right
not to provide goods, terminate membership accounts, remove or edit content
or cancel orders (or part thereof) at our sole discretion at any time. Without
limiting the operation of any other Terms and Conditions herein, we will not be
held liable for loss or damage arising from the exercising of these rights.
If you wish to cancel a
confirmed order, please contact us as soon as possible using our
Feedback
Form or emailing us.
Our agreement with you only comes into existence once we have
confirmed your order and processed your payment. Once we have accepted payment
for an order, cancellation of the order is within our sole discretion. Orders
that cannot be cancelled (e.g. orders already dispatched) will be subject to our
Terms and Conditions relating to
Refunds. Accordingly, delivery charges may not be refundable.
Top of Page Close
Window
BoozeBuddy uses the Australian Post to deliver to residential and business premises throughout Australia. We offer the following three delivery services and charges Australia-wide:
|
|
Delivery Service |
Description and Estimated Delivery Timeframe |
Charges |
|
1 |
Standard |
Processed and dispatched within 3 business days and delivered within 7 business days thereafter. Online tracking not available. |
$ 4.50 |
|
2 |
Express |
Processed and dispatched within 2 business days and delivered within 1 business day thereafter. Online tracking not available. |
$ 6.50 |
Where we ship
internationally, we will normally process and dispatch orders within 3 business
days and deliver within 10 business days thereafter. Our flat rate delivery
charges to New Zealand, Asia (Singapore, Malaysia and Hong Kong), US/Canada and
UK/Ireland are $10.00, $12.00, $13.00 and $16.50 respectively (the rate applies for
delivery of up to
0.5Kg or one
item). Our gift wrapping service, optional on
most orders, is available free of charge on request.
Please note:
It is the
responsibility of the customer to inform BoozeBuddy if an order does not arrive
or if you believe the contents of your order are incorrect. Once we learn that
an order has not arrived by the due date, we will lodge an enquiry with the
applicable logistics agent to ensure delivery occurs as soon as possible. We
will always endeavour to work with our delivery partner to ensure prompt arrival
of your products.
Please allow up to the
maximum estimated days for delivery. Also note that if an item has been lost in
transit or if you have received an incorrect order, we may not dispatch correct
or replacement items immediately. Items will be dispatched at our discretion.
Should there be a problem with the delivery of your order, please contact us
using our
Feedback
Form.
Australia Post delivers
between
9am and 5pm
Monday to Friday. Unfortunately we are unable to give a guaranteed time of
delivery and cannot deliver to PO Boxes or Private Bags. During online checkout
processing, we recommend that you provide your daytime address (e.g. business
address) under 'Shipping Details', should there be any possibility that your
usual contact address may be unattended at the time of delivery. Non-receipt of
delivery by Australia Post will be handled in the usual manner by your local
post office, i.e. a collection card will be left for you to collect the item at
the local post office.
If you use our delivery
service, you agree that when Australia Post is satisfied that the order has been
delivered, delivery of the order has taken place within the terms of the
purchase agreement between you and us.
Without limiting the
operation of any other Terms and Conditions herein, you agree that late delivery
does not constitute a failure of our agreement, and does not entitle you to
cancel an order. BoozeBuddy rely on the delivery services of Australia Post.
We will not accept liability for any loss or damage arising from a late
delivery nor will we accept liability for any loss or damage arising from items
lost, stolen or damaged after delivery has taken place.
Top of Page Close
Window
To enable you to shop
with confidence BoozeBuddy offers a 14-day 'no quibbles' money back guarantee on
our entire product range, unless otherwise stated. If you're not completely
satisfied with your purchase, return it unused in its original packaging and
condition within 14 days of receipt of your goods, and we will refund your money
- less delivery charges (unless goods are dead on arrival, damaged, faulty or
incorrectly dispatched and this is advised to us in accordance with these Terms
and Conditions). Faulty goods may be able to be returned after the 14-day
period, in accordance with a valid warranty claim as detailed below.
Because of hygiene reasons, used product cannot be refunded.
To return goods to us,
we will require you to complete our
Feedback
Form.
Once we receive your completed
Feedback
Form, we will issue you with a Return Merchandise Authority (RMA)
number. The RMA number must be written on your original invoice/receipt and
return shipping label. Returns must be received by BoozeBuddy within 14 days of
the RMA number being issued.
In most cases we will
advise you to return products by post, in which case please use the following
postal address:
BoozeBuddy
(Attn: Returns Department)
4 Lisa Close
Doncaster East, Vic 3109
Australia
The best
packaging to use for returning products is the packaging in which you originally
received your order. If this is not available please return products in a
satchel, bag or box suitable for mail or courier transport. Australia Post will
normally have a range of suitable packaging available for purchase. It is your
responsibility to ensure the goods are adequately packaged and that they are not
damaged during return transit. Please ensure that you enclose your original
invoice/receipt with all returned product(s).
Where you are
responsible for return carriage under these Terms and Conditions, such as with a
'change of mind' purchase, please note that the risk of products in transit from
you to us lies with you. Accordingly, you are free to choose any method of
shipping available, including options such as registration, insurance and online
tracking. However, please note that we are not able to process returns where we
do not physically have possession of the product(s). In all instances, where
possible, we recommend that you retain proof of shipping whenever returning
items to us.
If the original purchased products qualify for a multiple purchase discount, the
return of any of the
multiple purchased products may void the original multiple purchase discount.
Any discount price difference may be deducted from the money to be refunded.
For 'change of mind'
purchases, goods can only be accepted for refund or exchange in unmarked,
unused, 100% unworn, original condition and packaging, complete with all
instruction booklets, warranty cards, accessories etc. Packaging seals (where
applicable) must not be broken. BoozeBuddy has sole discretion as to
whether goods returned comply with these conditions. If you are unsure as to
whether your 'change of mind' satisfies these criteria, please contact us using
our
Feedback
Form. We do not sell used items. Returned products that do not
comply with these conditions or cannot be associated with an RMA number may be
returned to purchaser, further incurring you delivery charges.
For 'change of mind'
purchases you will incur the original delivery charge and the cost of returning
the product(s) to us. At our option, we will either refund you the appropriate
amount in the same manner that you paid us, or exchange the product. Where a
product is exchanged, differences between the purchase value of the new product
(including applicable delivery charges) and your refund value will either
require further payment or reimbursement of the difference to you, as the case
may be.
We warrant that any
product sold by BoozeBuddy will be free from defects in materials and
workmanship for a period of 30 days from your invoice/receipt date, or such
longer period as may be offered by BoozeBuddy in any particular case. If any
defects in materials or workmanship in a product sold is identified and notified
to us within this warranty period, then we will, at our option, either repair or
replace the product, or refund your money and take back the product. BoozeBuddy
does not accept any liability beyond this, and does not accept any liability for
consequential loss.
Our liability under
this warranty is subject to us being satisfied that a defect was caused by
defective workmanship or materials, and was not caused by or substantially
contributed to by other factors, or circumstances beyond our control, including
(but not limited to) defective installation, maintenance or repair, accidental
or malicious damage, alteration or modification of the product in a manner not
recommended by the manufacturers, or any neglect, misuse or excessive use.
The BoozeBuddy warranty
does not extend to and we are not liable for, any damage to articles to which a
product is attached or with which it is used, or for the consequences of a
product being used for any purpose for which it has not been designed or for
which its use is not recommended by the manufacturers.
Please carefully
inspect your goods when they arrive. If for some reason your product(s)
arrive in a damaged state, are dead on arrival, or you believe they have been
incorrectly dispatched, please contact us using our
Feedback
Form
within 48 hours of receipt of your goods. You will be required to complete our
Feedback
Form and retain the original packaging for returning products to us.
Where dead on arrival or warranty claims are not found to be valid, you will be
charged a no-fault fee of $20, plus applicable delivery charges.
BoozeBuddy will
endeavour to process all returned goods within 5 business days of receipt.
Excluding 'change of mind' returns, but including all valid warranty claims, we
will pay for the shipping cost associated with returning the product(s) to us.
At our option, we will either refund you the appropriate amount in the same
manner that you paid us, or exchange the product (subject to product
availability) free of delivery charges. You will still be liable for the
delivery charge associated with your original order and where we are providing
free return delivery it is at our sole discretion what delivery service is
chosen.
If you are returning an
item given to you as a gift, these terms and conditions relating to the refund,
exchange and warranty of items purchased from BoozeBuddy equally apply. We are
happy to exchange faulty or defective. However, if a refund is required, please
note that refunds of the purchase price for items bought as gifts can only be
given to the original purchaser.
Please allow 2 weeks
for refunds from the time we have received returned goods and 4 weeks for the
credit to appear on your bank statements. We cannot refund to a credit card
that is different from the one used when the purchase was made. A customer
service representative will endeavour to communicate (normally by e-mail) the
successful processing of all refunds, exchanges and warranty claims. Please
note that all warranty claims and returns must be accompanied by a valid
invoice/receipt.
BoozeBuddy is not
responsible for any item that is not returned in the manner set forth above.
Please feel free to use our
Feedback
Form or
contact us with any additional questions you may have.
Top of Page Close
Window
Most goods can be
delivered to
Australia, New
Zealand, Singapore, Malaysia, Hong Kong, US/Canada or UK/Ireland.
Please note that all
transactions are charged in Australian Dollars (AUD). While the Australian GST
is not charged for exported goods, you will be responsible for any additional
import fees, taxes, brokerage fees and handling fees levied by the recipient
country. These additional fees are not collected or controlled by
BoozeBuddy.
You might also be
contacted by your local customs office regarding the payment of customs fees, or
to receive final delivery of your order. Customs processing of your shipment
might cause delays in the delivery of your parcel. To avoid disappointment, we
suggest that you become familiar with your country's customs process and fee
structure before ordering.
Top of Page Close
Window