Effective Date: 10/11/2021
Welcome to www.sip-er.com.au (Site).
This Site is owned and operated by SIP GOOD PTY LTD (ABN: 11659982653) trading as SIP’ER (referred to in these T&Cs as “we”, “us”, and “our”). Please take the time to read these T&Cs as they are applicable to your use and enjoyment of this Site and our social media channels, as well as the content made available to you and the purchase of any items from our online store. These T&Cs, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users.
CONSENT TO SITE T&CS
By accessing and using this Site, our social media channels and any other materials made available to you via this Site, you are taken to accept our T&Cs and agree to abide by them. You also warrant that you are over 18 years of age and have the capacity to enter into a legally binding contract.
We reserve the right to change or modify these T&Cs at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these T&Cs prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these T&Cs, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these T&Cs. You may also accept these T&Cs where you click “Agree” or “Accept” or similar where such an option is made available to you during your use of our Site. If you’re uncertain about the T&Cs or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
RESPONSIBLE SERVICE OF ALCOHOL
At SIP’ER, we are committed to the responsible service of alcohol. We hold a valid liquor licence (LIQP770017771) and are authorised to sell liquor from the licensed premises attached to our licence.
It is a condition of purchase that at the time of placing your order, you verify that you are over the age of 18. If you do not do so, you will be unable to proceed with your order. It is against the law to sell or supply alcohol to, or obtain alcohol on behalf of, a person under the age of 18.
If you or anyone at the delivery location appears to be under the age of 25, our delivery partner reserves the right to check your photo identification for proof of your age. If you are unable to present valid photo identification or are visibly intoxicated at the time of delivery, your order will be cancelled and refunded, less the delivery fee.
STATE-SPECIFIC SANCTIONS
Under the Liquor Act 2007 in New South Wales, 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.
Under the Liquor Control Reform Act 1998 in Victoria, it is it is an offence to supply alcohol to a person under the age of 18 years (penalty <$19,000), and for a person under the age of 18 years to purchase or receive liquor (penalty <$800).
Under the Liquor Act 1992 in Queensland, it is an offence to supply liquor to a person under the age of 18 years.
Under the Liquor Act 2010 in the ACT, 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 $5500.
Under the Liquor Licensing Act 1997 in South Australia, liquor must not be supplied to persons under 18.
Under the Liquor Control Act 1988 in Western Australia, it is an offence to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises, and for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
CREATING AN ACCOUNT
To place orders and access some features of our Site, you may have to register an account. This means you’ll have to give us accurate information including your name, address, a valid email address and telephone number. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update the information should anything change. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account), so please ensure that you keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the T&Cs or applicable law, or where your conduct impacts our reputation.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). The prices indicated on our Site may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue any item without notice at any time. We shall not be liable to you, or to a third party for any modification, price change, suspension or discontinuance of any item.
We reserve the right to cancel an order and provide a full refund in the event that an item has been discontinued or we do not have the stock available.
We may from time to time provide discounted items. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the T&Cs and conditions upon which they were issued which, amongst other things, may include T&Cs relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer the option to pay for the items by credit card or such other method of payment as notified by us from time to time. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may cancel any active order/s and/or prevent future purchases.
We reserve the right to cancel any order where we suspect that there is fraud or any other type of illegal or unauthorised activity.
REFUND POLICY
If you are dissatisfied with an item you have purchased, you are welcome to request a refund. We ask that you provide all relevant information via our contact form including:
Your name and email address
Your order number and the item/s purchased
The reason for your refund request
Refunds or exchanges will be approved or denied at our sole discretion, however, may be accepted for products that:
are returned within 14 days of purchase, unopened and in their original condition;
are faulty or defective; or
aren’t what you ordered (but we’re very careful to pack the correct products, so this will be rare!).
We are unable to provide refunds or exchanges where the incorrect item has been purchased, so please ensure that when you place your order, you have made a careful selection when it comes to the products you purchase.
RETURNS POLICY
When you receive your order, please thoroughly inspect all items as we cannot accept returns more than 14 days after the date of purchase.
Please initiate your return request as promptly as possible once you have received your order. You will be entitled to have the product replaced if it is not of acceptable quality. In order to initiate a return, please email us the details of your return request at hey@sip-er.com.au.
The sale of any discounted items is final unless the product is proven to be damaged or faulty.
DAMAGED OR FAULTY ITEMS
We take care to pack your items carefully so that they won't get damaged in transit. If, for whatever reason, they arrive damaged or faulty, we ask that you let us know within 3 business days of receiving them. Where your item arrives faulty, damaged, wrongly described or breaches a consumer guarantee, we will not hesitate to exchange the item, or refund its cost to you, upon its return to us.
We will arrange for the damaged item to be returned to us and you can let us know whether you would like us to either send a replacement to you or provide you with a refund. You will be entitled to a refund or replacement, if you desire, if there is a major failure in your order. You will be given compensation for any other loss or damage that may arise out of transit.
We will refund postage costs required to return faulty or damaged items.
SHIPPING AND RETURNS POLICY
Your order will be dispatched and sent within 2 business days. Once dispatched, shipping time will vary depending on the type of shipping selected. You will receive an email notification from Sendle with your estimated delivery date.
As we need to be able to prove that you are over the age of 18 at the time of delivery, your order will not be left unattended. If you are not home when our courier comes calling, you will need to contact us to organise redelivery at a suitable time or location. Additional fees may apply for redelivery.
Once your order has been delivered to you, risk in the products also passes to you.
Please note that the delivery times specified are approximate and as provided by Sendle. We cannot guarantee these delivery times.
CHANGE OF MIND
Unfortunately, we do not offer refunds for change of mind decisions. Please email hey@sip-er.com.au as we review these on a case-by-case basis.
PRODUCTS
All products must be used in accordance with the instructions provided. Please check the ingredients of any item before purchase to avoid any potential sensitivities and/or allergic reactions. You bear sole responsibility for deciding if the products offered on our Site are suitable for you. Please consult with a medical practitioner regarding your use of any of the products available on our Site wherever necessary.
Products made available on our Site are for your personal use only. You must not sell or attempt to resell any products purchased or otherwise obtained from us.
INTELLECTUAL PROPERTY
Our Site and items contain intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as their business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site, items and content does not grant or transfer any rights, title or interest to you in relation to this Site, the items or the content.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, the items and/or the Content, our Intellectual Property and Third Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, items and/or Content, without refund, if you are found to be violating these T&Cs.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content are suitable for you.
PRIVACY
These T&Cs also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission.
You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
INFORMATION AND ADVICE
Our Site may contain blog articles and other information. All of this content is of a general informational nature only and is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be any type of licensed professional and cannot be held liable for any reliance on the information we provide.
The sale of products on our Site or reference to any other items does not constitute or imply our endorsement, sponsorship or recommendation in any way.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site or products, as it helps us to improve our offering. Through the use of this Site, you may be invited to submit a review. You can also interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback, comments or content, you represent and warrant that:
you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
give us permission to post or otherwise use that feedback on our social media or other channels;
you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
the content does not violate these T&Cs; and
you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
libelous or otherwise unlawful, abusive or obscene material;
attacks our employees or another contributor;
contains material that discloses your personal information; or
is unrelated to the post or content to which you have reviewed or commented on.
Our Site and social media channels may feature user reviews of the items as well as blogs by guest bloggers, these reviews and content of the guest blogs in no way represent our views or opinions or those of our owners, shareholders, employees or any others, but are the sole item of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.
COMPETITIONS
We may from time to time run competitions through this Site and/or through our social media channels. Your participation in those competitions is subject to these T&Cs and any terms and conditions that are specific to each competition.
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances use our Site or its content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, or state regulations, rules, laws, or local ordinances;
attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;
to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
to infringe upon the rights of any other person's proprietary rights;
to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
to attempt to affect the performance or functionality of any facilities of or accessed through this Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the products we sell, including that:
they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our items, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these T&Cs shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these T&Cs and/or arising from a breach of these T&Cs and/or any breach of your representations and warranties set out in these T&Cs or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these T&Cs, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.
SEVERABILITY
If any term or provision of these T&Cs is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these T&Cs will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these T&Cs without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these T&Cs.
ENTIRE AGREEMENT
These T&Cs (together with our Privacy Policy and any additional Terms) contained on this Site, constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to this Site and your use of this Site.
GOVERNING LAW AND JURISDICTION
All T&Cs shall be construed in accordance with and governed in all respects by the laws of the State of New South Wales, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost-effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.