BoozeBuddy

 

TERMS AND CONDITIONS

 

Introduction

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:
Product Disclaimer

Intellectual Property
External Linkages

Disclaimer of Liability
Applicable Law

Online Purchasing:
Pricing, Ordering and Payment
Cancellation
Delivery
Refund, Exchange and Warranty
Availability of Goods

 

General Use

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.

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Product Disclaimer

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.

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Intellectual Property

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.

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External Linkages

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.

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Disclaimer of Liability

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.

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Applicable Law

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.

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Online Purchasing

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.


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Pricing, Ordering and Payment

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:
Account Number:
Account Name:
Bank:
Branch Address:

 

033-028
23-4125
eLink Wireless
Westpac Banking Corporation
The Pines Shopping Centre, Cnr Blackburn & Reynolds,

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.

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Cancellation

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.


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Delivery

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
(in stock items to major cities and towns within Australia)

Charges
(inc. GST)

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:

  1. Delivery charges are based on per dispatch to the same shipping address.  Sending items to a number of different addresses will require separate orders with individual delivery charges. 
     
  2. Delivery charges are based on weight, but the above delivery charges are fixed for the first 5 products ordered.  We reserve the right to amend charges for bulk orders of more than 5 items.  This condition also applies to any 'free delivery' promotion we may offer from time to time.  Generally, we regard bulk orders as being greater than 500gm in weight.  We will advise you before dispatch if your order is subject to additional charges, or if your chosen delivery service is unavailable. 
     
  3. While we make every effort to deliver within our estimated process and dispatch times, all timeframes are indicative only.  In particular, deliveries outside of major cities and towns within Australia may take longer than the timeframes above.  During times of peak seasonal demand (Valentine's Day, Father's Day, and especially Christmas) there may be slight delays in the dispatch of your order, so please allow extra time for delivery.  Furthermore, orders paid by means other than credit card will take longer than the indicative times above, as we only dispatch goods upon receipt of cleared funds. 
     
  4. Where an item is not in stock, but pre-ordered or back-ordered, all order items are held and dispatched as promptly as possible as a single parcel once stock becomes available.  Accordingly, you will incur no additional delivery charges for products on pre-order or back-order.  In the event that multiple items are ordered and some of which are immediately available and others are on pre-order or back-order, please contact us using our Feedback Form should you prefer us to ship items in individual parcels (additional delivery charges will apply).

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.

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Refund, Exchange and Warranty

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.

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Availability of Goods

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.

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