This Agreement was last modified on April 13, 2016.
These terms and conditions apply to all purchases made from Last Drinks Inc.
1. Orders & Delivery
All orders placed through this web site are subject to confirmation and acceptance by Last Drinks Inc. Last Drinks Inc. or its agent will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to availability. Where the goods are not available you will be notified of this by Last Drinks Inc. as soon as possible. Anyone at the delivery address who receives the goods will be presumed by Last Drinks Inc. to be authorised to receive the goods. If your goods include products in respect of which the law prescribes a minimum age for purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law), and you must ensure that a person over that age is available to accept delivery of the goods. Last Drinks Inc. may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. If there is no-one at the delivery address or no-one of appropriate age to receive and pay for the order, Last Drinks Inc. may charge you additional delivery fees. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged. Last Drinks Inc. reserves the right to restrict sales to retail quantities when supplying re sellers and distributors.
2. Prices & Payment
For each online order, you must pay: 1. the applicable price for the relevant goods confirmed by Last Drinks Inc.; and 2. the delivery and handling fee specified on the web site at that time. Your order and credit card details are safe and secure. All personal and credit card information provided to Last Drinks Inc. is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated in the Orders & payment section of this web site. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with Last Drinks Inc. Prices and range on this web site may vary from Last Drinks Inc. stores.
All our products are sent to you in good condition and packaged correctly, we cannot guarantee the condition of the product on arrival.
4. Your Account
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Last Drinks Inc. in connection with any use (whether authorised or unauthorised) of your user name or password. ** your company ** may suspend or cancel your account at any time without prior notice.
5. Images and Graphics
Last Drinks Inc. aims to include up-to-date images and/or graphics of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods.
Last Drinks Inc is committed to providing you with the best possible customer service experience. Last Drinks Inc is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future Last Drinks Inc. customer support features you are required to submit personally identifiable information. Types of information we collect may include by is not limited to:
* unique username and password
* contact data such as your name, mailing address and email address
* product and order data
* reviews and comments
We do not collect your financial data such as credit card details. Any of this data is only temporarily held to pass to a payment processor and is not stored passed that request. We use SSL (Secure Socket Layer) encryption for all requests with personal and/or financial data. If you have any reservations against ordering online, you may call us and process your order directly. We do not take orders through email as it is not a secure way to provide personal and financial information. We will never ask you to provide sensitive information through email.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Last Drinks Inc. takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Any liability of Last Drinks Inc. in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Last Drinks Inc. be limited to:
1. in relation to goods, the replacement of the goods or the supply of equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
8. Changes To Terms
Each order is governed by the terms and conditions current when the order is placed. Last Drinks Inc. may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
9. Applicable Law
All purchases, and these terms and conditions, are subject to the laws of New South Wales, Australia. Exclusion and limitation of liability
TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RE SELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
1. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
2. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
a. in relation to goods
i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
ii. the repair of the goods or payment of the cost of having the goods repaired;
b. in relation to services
i. the supplying of the services again; or
ii. The payment of the cost of having the services supplied again as in each case we may elect.