Terms and Conditions

GENERAL TERMS AND CONDITIONS OF PURCHASE ("CONDITIONS")

These Conditions apply to any sale by Diageo Australia Limited ACN 004 167 720 (“Diageo”) or any related body corporate of Diageo to You, the customer, of Goods or Services purchased online from the Webstore. You acknowledge that sales of alcohol made through the Website are made by Diageo and are fulfilled and delivered from 4 Distillers Place, Huntingwood in accordance with the NSW liquor licence LIQP700352760.

By placing an order with Diageo, You agree to be bound by these Conditions.

Please read these Conditions carefully before placing Your Order. These Conditions will apply notwithstanding anything which may be stated to the contrary on Your Order and, in respect of an Order, can only be varied by Diageo and You agreeing to the variation in writing. No course of dealings between Diageo and You will add to or replace any of these Conditions.

INTERPRETATION

In these general conditions of purchase ("Conditions”) the following words have the following meanings:

(a) "Contract” means a contract (which includes these Conditions) between Diageo and You for the purchase of Goods and/or Services, which are the subject of the Order;

(b) "Delivery Address” means the address specified for delivery of the Goods or Services to You which is specified in the Order (but which cannot be a PO Box);

(c) "Goods” means the goods described in the Order;

(d) "GST” has the same meaning as appears in A New Tax System (Goods & Services) Act 1999 (Cth);

(e) "Order” means an order for the Goods and/or Services placed by You online using Webstore;

(f) "Services” means the services (if any) described in the Order;

(g) “Website” means the Diageo website: https://www.malts.com/en-au; and

(h) “Webstore” means the online facility for placing Orders on the Website; and

(i) "You” or “Your” means the person who has completed the Order.

THE CONTRACT

Your Order is deemed to be an offer by You to buy the Goods and /or the Services referred to in that Order. Diageo will not be liable to You and is not obligated to supply any of those Goods and / or the Services until the Order is accepted by Diageo. Diageo will accept your Order when Diageo issues You with written confirmation regarding your Order.

ORDERS

3.2. In making an Order, You warrant: (a) You are at least 18 years of age and are not otherwise prohibited from entering into a contract with Diageo. (b) where the Goods involve the purchase of alcoholic beverages, any person that You are obtaining the Goods for, or will supply the Goods to, will be lawful age for alcohol consumption in the place in which the Goods are to be consumed; (c) all information provided by You in the Order is true and accurate.

3.3. The delivery service in respect of Goods ordered is restricted to Australia only, however there are certain restrictions on deliveries to particular areas of Australia. If You nominate a Delivery Address that is not within the boundaries of its nominated delivery area, Diageo will not be obliged to deliver the Goods ordered to You and shall refund You any payment made in respect of such Order.

ACCEPTANCE OF ORDERS

4.1. All Orders submitted on the Website via the Webstore are accepted at the discretion of Diageo.

4.2. Diageo may in its discretion reject or cancel an Order at any time (even if accepted) for any reason including but not limited to: (a) any payment made by You being cancelled, dishonoured or reversed; (b) if the Goods/Services the subject of Your Order are not available; or (c) a manifest error on the Website in respect of pricing of the Goods/Services in question. In the event of cancellation (except in the circumstances set out in (a)) Diageo will refund the purchase price You paid.

DELIVERY

5.1. All Goods will be delivered to You at the Delivery Address during normal trading hours.

5.2. Diageo will take reasonable precaution to ensure that all Goods supplied accord with the Order, are in good condition and are protected against damage and deterioration in transit. The risk of loss or damage to the Goods is accepted by Diageo up to the point of being delivered to the Delivery Address, where such risk of loss or damage then passes to You. Title to the Goods passes to You upon being delivered to the Delivery Address.

5.3. Diageo will use all reasonable endeavours to ensure that couriers and delivery companies shall deliver Goods to You in a timely manner. You acknowledge that all delivery times quoted (whether on the Webstore or in correspondence from Diageo) are a guide only and actual delivery times may vary. From time to time there may be delays in delivery and Diageo may take longer to deliver due to stock shortages or other unexpected reasons. Diageo will notify You as soon as possible if we are unable to dispatch Your Order.

5.4. Diageo takes no responsibility for Goods (or the cost of delivery of such Goods) dispatched to a Delivery Address should You have provided incorrect or incomplete address details in Your Order. You agree to accept all delivery costs incurred in Diageo resending the Goods to the correct Delivery Address.

5.5. Anyone present at the Delivery Address nominated (provided they are over 18 years of age) may receive the Goods and may be required to provide their name and signature. You undertake to Diageo to ensure that any person authorised to accept delivery is not under the age of eighteen (18) years of age. Diageo may request proof of age from the person who receives the Goods and may refuse to deliver the Goods to anyone unable or unwilling to provide evidence of proof of age.

5.6. If the Order contains specific delivery instructions, Diageo will use reasonable endeavours to ensure couriers and delivery companies acting on its behalf are provided with such information to meet such specific delivery instructions provided they are: (a) in accordance with Diageo’s Codes and Standards (such Diageo Codes and Standards being available at www.diageo.com); and (b) in accordance with the terms of engagement of Diageo’s couriers and delivery companies.

5.7. Diageo accepts no responsibility for delivery of Goods pursuant to an Order placed due to unlawful use of Your credit card or Your Webstore log on details and You undertake to keep such details safe.

PRICE AND PAYMENT

6.1. All pricing on the Webstore is in Australian Dollars (AUD) and is inclusive of GST.

6.2. Prices payable for any product on the Website are subject to variation without notice from time to time. The price payable for any product on the Website shall be the price on the Website applicable on the date the Order is placed (subject to manifest error). You also agree to pay the delivery fee specified in the Order which will be calculated during the checkout process and added to the Order before You place Your Order on the Webstore.

6.3. You must pay for the Goods and / or the Services at the time of submitting Your Order as payment must be received in full before the Order will be processed. Diageo accepts valid Visa, Mastercard and American Express on the Webstore. Diageo does not accept cash, cheque, bankcard or other payment methods for the payment of the Goods and / or Services made via the Webstore.

RETURNS AND REFUNDS

7.1. Once placed via the Webstore an Order cannot be changed or cancelled due to Your change of mind.

7.2. Our Goods 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 Goods repaired or replaced if the Goods 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 services supplied by us to You fail to meet a consumer guarantee.

7.3. If the Goods are faulty or damaged due to a manufacturing defect or default, or we deliver incorrect Goods or otherwise breach the consumer guarantees please contact Diageo’s customer service email at customerserviceaus@malts.com. Returns will not be accepted if the fault or damage has been caused by You or a third party (whether by accident or neglect) after delivery.

7.4. Following Your email to customer services we may require You to provide photographic evidence of the fault, issue or concern You have in respect of the Goods/Services and/or we may request that You return the faulty, damaged or incorrect Goods (for inspection and/or replacement) to such Diageo address as will be notified to You. You will, to the extent practicable, provide such photographic evidence as promptly as Diageo requires to ensure that Diageo can comply with the claims processes implemented by Diageo’s shipping and logistics partners.

7.5. Following the return of the Goods (if required) in accordance with this clause 7, and subject to applicable law, we will at our option either: (a) refund the price paid under the Order for such faulty, damaged or incorrect Goods (including costs of delivery and the costs You incurred in returning the Goods to us); or (b) replace the Goods with an identical or comparable item.

LIABILITY

Without excluding, restricting or modifying the rights and remedies to which You may be entitled under the Australian Consumer Law and to the extent permitted by law:

8.1. Diageo excludes all other implied terms and warranties from these Conditions;

8.2. Diageo does not accept any liability under these Conditions for matters outside of its direct control or which are not preventable by reasonable diligence on our part, including without limitation, fire, floods, unusually severe weather, pandemic, epidemic (and related lock-downs, business closures, restrictions on movement of persons or goods, whether government-mandated or voluntarily determined by Diageo) and acts of god;

8.3. Diageo is not responsible for any loss or damage suffered due to a delay in Goods being delivered to the Delivery Address; and

8.4. Diageo will not be liable to You for special, indirect losses or consequential losses (or other losses You may suffer which do not arise in the ordinary course of things) arising from or in connection with this agreement whether in contract, tort or otherwise (including loss of revenue, profit, other economic losses or loss or corruption of data).

PRIVACY AND DISCLOSURE OF PERSONAL INFORMATION

The collection, use and disclosure of all personal information (in connection with accounts created on the Webstore and Orders placed) is conducted in accordance with Diageo’s privacy policy click here

MISCELLANEOUS

14.1. The Contract contains the entire agreement between Diageo and You in relation to Your Order. You acknowledge that, in entering into this Contract, You have not relied on any representation or provision except as set out in this Contract.

14.2. Diageo may from time to time alter these Conditions as it reasonably determines necessary. Such alteration will not affect any Contract that Diageo has entered into with You prior to the alteration.

14.3. These Conditions and any Contract of which these Conditions form part will be governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.