Terms & Conditions
TERMS AND CONDITIONS
ABOUT THIS WEBSITE
This website is operated by Amberfire Distillery ABN 45 596 402 315, trading under the name Amberfire Distillery ("Amberfire Distillery"). It holds a Liquor License #36313299.
By accessing and using www.amberfiredistillery.com.au ("website"), you agree to comply with these terms and conditions ("Terms of Use"). All services offered by Amberfire Distillery, including those available through this website, are subject to these Terms of Use and any policies published by Amberfire Distillery from time to time ("Policies"). If you do not agree with these Terms of Use and Policies, please do not use this website.
Your use of this website or engagement in any activities through it signifies that you have read, understood, and accepted these Terms of Use.
DEFINITIONS
For the purposes of these Terms of Use:
"Authority" refers to any governmental, semi-governmental, statutory, administrative, fiscal, or judicial entity, department, commission, tribunal, or authority.
"Buyer" refers to you, a customer or potential purchaser of Goods from Amberfire Distillery via the website.
"CC Act" refers to the Competition and Consumer Act 2010 (Cth).
"CC Act Implied Term" refers to any term, condition, consumer guarantee, or warranty implied under the CC Act, or any similar legislation benefiting the Buyer in relation to the sale or supply of Goods by Amberfire Distillery.
"Claims" encompass all legal or equitable actions, suits, claims, demands, disputes, debts, costs, judgments, or arbitration matters.
"Due Date" refers to the date on which the Buyer places an order on the website.
"Goods" refers to the products and services supplied by Amberfire Distillery as per an order placed by the Buyer and accepted by Amberfire Distillery.
"GST" refers to the tax imposed under the GST Acts.
"GST Acts" refers to A New Tax System (Goods and Services Tax) Act 1999 and related legislation.
"Indirect or Consequential Loss" includes, but is not limited to, lost revenue, lost profits, lost business opportunities, loss of goodwill or anticipated savings, and any other incidental, indirect, or punitive damages arising from a breach of contract, negligence, or other legal cause in connection with these Terms of Use or any sale or supply of Goods by Amberfire Distillery.
"Intellectual Property" includes any intellectual or industrial property owned by or used in connection with Amberfire Distillery’s business, such as:
Logos, branding elements, text, and graphical arrangements;
Patents, trademarks, copyrights, designs, trade secrets, or confidential information;
Any licenses or rights related to the above;
Software licenses and maintenance agreements;
Trademarks, business names, or registered domain names associated with Amberfire Distillery;
Intellectual property developed by contractors or third parties for Amberfire Distillery and transferred to the company;
Any other intellectual property, whether registered or unregistered, used within Amberfire Distillery’s business operations.
"Law" encompasses all applicable statutes, ordinances, regulations, by-laws, industrial laws, and other legal directives issued by an Authority.
"PPS Act" refers to the Personal Property Securities Act 2009 (Cth).
"Price" refers to the amount payable by the Buyer to Amberfire Distillery for the purchase of Goods, as per the prevailing Price List and these Terms of Use.
"Price List" refers to the current list of Goods and their respective prices, as communicated by Amberfire Distillery to the Buyer.
"Privacy Act" refers to the Privacy Act 1988 (Cth).
"Promotional Material" includes any material supplied by Amberfire Distillery to the Buyer to support the marketing of Goods, including all associated Intellectual Property.
"You" refers to the individual accessing and using this website, including all Buyers.
INTERPRETATIONS
Unless stated otherwise:
References to any party in these Terms of Use include their successors, permitted assigns, executors, and administrators.
Any reference to a statute, ordinance, or legal provision includes any related amendments, re-enactments, or replacements.
Words in singular form include the plural, and vice versa. Any gender-specific term applies to all genders. The term "person" includes individuals, businesses, corporations, associations, and government entities.
If a word or phrase is defined in these Terms of Use, other grammatical forms of that word or phrase carry the same meaning.
Headings are included for convenience and do not affect the interpretation of these Terms of Use.
WEBSITE CONTENT
Amberfire Distillery reserves the right to add, modify, or remove content from this website at any time without prior notice.
Any articles, information, or materials available on this website are subject to these Terms of Use.
While Amberfire Distillery strives to ensure the accuracy of the information published on this website, errors or inaccuracies may occur due to incorrect information provided to us. To the fullest extent permitted by law, you agree that Amberfire Distillery is not responsible for any such inaccuracies or errors. We encourage you to verify any information before relying on it.
The content, materials, and services provided on or through this website are for general informational purposes only. The information is current at the time of publication but may not be comprehensive or constitute legal or professional advice. You are responsible for assessing the accuracy, quality, and relevance of any information or services and should seek independent advice before making decisions based on them. If you notice any errors or omissions, please report them to Amberfire Distillery.
This website may include advertisements or content from third parties. The presence of such content does not imply that Amberfire Distillery endorses or recommends the advertisers, their products, or their services. We are not responsible for any inaccuracies, errors, or actions you take based on third-party content. Amberfire Distillery is not liable for any delays, errors, or damages arising from third-party advertising or content displayed on this website.
From time to time, Amberfire Distillery may promote, advertise, or sponsor events, competitions, offers, or other activities—both online and offline—which may be organized by third parties. These activities may be subject to their own terms and conditions. Your participation in such activities is entirely at your own risk, and Amberfire Distillery assumes no liability for your involvement in third-party events or promotions.
USE OF THE WEBSITE
You agree to use this website only in accordance with these Terms of Use, all applicable laws and regulations, and generally accepted industry practices or guidelines.
You must not engage in any activity that disrupts or interferes with the operation of this website or the servers and networks that host it. You also agree not to attempt to disable, bypass, or otherwise interfere with security features or functionalities that prevent unauthorized use, copying of content, or any other misuse of this website.
If Amberfire Distillery suspects any fraudulent, abusive, or illegal activity, it reserves the right to report such activity to the appropriate law enforcement authorities.
Amberfire Distillery may, at its discretion, suspend or permanently revoke your access to this website, either individually or as part of broader access restrictions, without prior notice.
Access to this website may be restricted at any time at Amberfire Distillery’s sole discretion. If access is restricted, you may be prevented from using all or certain parts of the website. Amberfire Distillery will not be liable to you or any third party for any such restrictions.
Since online platforms are subject to potential interruptions or technical issues, access to this website is provided on an "as is" and "as available" basis.
Amberfire Distillery reserves the right to impose usage limits or restrictions on this website. Additionally, for security, maintenance, legal, regulatory, or technical reasons—or in response to a breach of these Terms of Use—Amberfire Distillery may withdraw the website, remove or modify features, or change its functionality at any time without prior notice.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all Intellectual Property, including trademarks, logos, designs, text, images, sound recordings, software, and other proprietary materials on this website, are owned by Amberfire Distillery Pty Ltd or its licensors. These materials remain the property of their respective owners and must not be used without prior written permission. Intellectual Property rights are protected under Australian and international laws, and nothing in these Terms of Use grants you any right to use them.
Nothing on this website should be interpreted as a recommendation to use any content in a manner that infringes intellectual property rights. Amberfire Distillery makes no representations or warranties that your use of the website’s content will not violate third-party intellectual property rights.
You may view and use this website and its content for personal, non-commercial purposes only, in compliance with the Copyright Act 1968 (Cth) and related legislation. You may not reproduce, modify, distribute, store, transmit, publish, display, or create derivative works from any content on this website without prior written consent from Amberfire Distillery or the relevant copyright holder.
You must not modify, copy, reverse engineer, decompile, or disassemble any software, layout, or code contained within this website.
If you communicate with Amberfire Distillery, you grant an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license for Amberfire Distillery to use, reproduce, distribute, and publicly display the content of your communication. This may include publishing testimonials or incorporating your ideas and suggestions into product or service improvements.
The Buyer acknowledges that all Intellectual Property associated with the Goods remains the exclusive property of Amberfire Distillery or its licensors and may not be used without prior written permission.
Ownership of all Intellectual Property remains with Amberfire Distillery at all times, and nothing in these Terms of Use grants you any rights or interest in it.
If Goods purchased from Amberfire Distillery are modified, combined, or transformed in any way, the Intellectual Property rights in those Goods remain the exclusive property of Amberfire Distillery to the extent permitted by law.
You must not apply for registration of any patent, business name, trade mark, company name, or domain name that includes or is substantially similar to Amberfire Distillery’s Intellectual Property without express written consent.
LINKS TO OTHER WEBSITES
This website may contain links to third-party websites, content, or resources. These linked websites are not under the control of Amberfire Distillery, and we are not responsible for their operation, availability, or content. The inclusion of a link does not imply endorsement. You access third-party websites at your own risk.
Amberfire Distillery disclaims all warranties, express or implied, regarding the accuracy, value, or legality of information on linked websites. We recommend reviewing their terms of use and privacy policies before engaging with them.
Amberfire Distillery reserves the right to prevent third parties from linking to this website.
SECURE DATA AND TRANSMISSIONS
Due to the nature of the internet, Amberfire Distillery cannot guarantee that data transmissions will always be secure, virus-free, or free from other harmful conditions. While reasonable precautions are taken, we do not warrant uninterrupted access or error-free functionality. Use of this website is at your own risk.
You are responsible for ensuring that your method of accessing this website does not expose you to viruses, malware, or harmful interference. Amberfire Distillery is not responsible for any damage or disruption caused to your systems as a result of using this website.
DISCLAIMER
Amberfire Distillery makes no express or implied representations or warranties regarding the accuracy, functionality, availability, or suitability of any information, materials, or products on this website, except as required by applicable law.
To the fullest extent permitted by law, Amberfire Distillery disclaims any liability for loss or damage (including negligence or matters beyond our control) arising from your use of this website or reliance on its information.
The use of any information or materials on this website is at your own risk. To the extent permitted by law, Amberfire Distillery is not liable for any loss, including but not limited to direct, indirect, incidental, or consequential damages, loss of business, data, profits, or property arising from the use of this website.
Nothing in these Terms of Use is intended to exclude or limit any rights that you may have under the Competition and Consumer Act 2010 (Cth).
INVALIDITY
If any provision of these Terms of Use is found to be void, unenforceable, or illegal in any jurisdiction, it will be severed for that jurisdiction only. The remainder of these Terms of Use will remain in full force and effect, and the validity or enforceability of that provision in any other jurisdiction will not be affected.
COOKIES
Cookies may be used on this website to collect data and improve your browsing experience. By using this website, you consent to the use of cookies. You may be able to disable cookies through your web browser settings, but this may impact website functionality.
USE OF YOUR INFORMATION AND MATERIAL
Amberfire Distillery welcomes feedback and suggestions (“unsolicited ideas”) about ways to improve this website or enhance our offerings. However, any unsolicited ideas submitted will not be considered confidential and will become the property of Amberfire Distillery. We may use, reproduce, disclose, publish, modify, adapt, and share such ideas without restriction or obligation to compensate you.
GOVERNING LAW AND JURISDICTION
These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia. By using this website, you irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, the remaining provisions will continue in full force and effect.
If you access this website from outside Victoria, you are responsible for compliance with local laws, where applicable. Amberfire Distillery makes no representations that the content of this website complies with laws outside Australia.
GENERAL
Amberfire Distillery reserves the right to amend these Terms of Use at any time without prior notice. Your continued use of the website after any amendments will constitute your acceptance of the updated Terms of Use.
Amberfire Distillery may also terminate your access to this website at any time without notice. All disclaimers and limitations of liability set out in these Terms of Use will survive such termination.
In these Terms of Use, the term "website" refers to the entire website, including all pages, design elements, text, images, software, sound, graphics, and any other content.
ALCOHOL WARNING
Amberfire Distillery operates in accordance with Australian liquor licensing laws. It is illegal to sell or supply alcohol to anyone under 18 years of age.
State and territory liquor licensing legislation:
Australian Capital Territory: A person must not sell or supply liquor to a person under the age of 18 years on licensed premises or in a public place. Maximum penalty: $5,500 (Liquor Act 2010).
New South Wales: It is against the law to sell or supply liquor to, or to obtain liquor on behalf of, a person under the age of 18 years (Liquor Act 2007).
Northern Territory: It is illegal to sell or supply alcohol to, or obtain alcohol on behalf of, a person under 18 years (Liquor Act 2019).
Queensland: It is an offence to supply liquor to a person under 18 years (Liquor Act 1992).
South Australia: Liquor must not be supplied to persons under 18 years (Liquor Licensing Act 1997).
Tasmania: It is an offence to deliver liquor to a person under 18 years (penalty: fine not exceeding 20 penalty units) and for a person under 18 years to purchase liquor (penalty: fine not exceeding 10 penalty units) (Liquor Licensing Act 1990).
Victoria: It is an offence to supply alcohol to a person under 18 years (penalty exceeds $19,000) and for a person under 18 years to purchase or receive liquor (penalty exceeds $800) (Liquor Control Reform Act 1998).
Western Australia: It is an offence to sell or supply liquor to a person under 18 years on licensed or regulated premises, and for a person under 18 years to purchase or attempt to purchase liquor on licensed or regulated premises (Liquor Control Act 1988).
Amberfire Distillery supports responsible drinking. Drink responsibly.
SALE CONDITIONS
PRE-CONDITION ACKNOWLEDGEMENT
Amberfire Distillery is a responsible retailer of liquor and complies with all relevant liquor licensing laws.
It is illegal for us to sell or supply liquor to a person under 18 years of age. It is also illegal for you to purchase liquor if you are under 18, even if buying as a gift, or if you intend to supply liquor to a minor.
It is illegal to falsify your details if you are under 18 in order to purchase liquor from us.
By agreeing to these Terms of Use and placing an order, you confirm that you are over 18 years old and legally allowed to purchase liquor in Australia.
Orders received through this website will be supplied in accordance with liquor licensing laws applicable to each state and territory in Australia.
PRICES AND PAYMENT
Amberfire Distillery reserves the right to update or change product prices at any time before an order is placed.
With each delivery of goods, Amberfire Distillery may issue an invoice for:
a) The price of the goods;
b) Any applicable GST; and
c) All delivery charges, freight, levies, and any applicable taxes or fees.The buyer must pay for goods in full by the due date specified in the invoice.
Payments must be made in cleared funds via credit card or other approved payment methods by the due date.
DELIVERY, TITLE, AND RISK
Title and risk in the products (including risk of loss or damage) pass to you upon delivery or collection.
Amberfire Distillery is not liable for any loss or damage caused by delivery delays.
Any delivery dates or times provided by Amberfire Distillery are estimates only and are not guaranteed. A delivery date will only be considered a “time of the essence” transaction if agreed upon in writing.
Amberfire Distillery reserves the right to delay delivery until full payment for the order (and any outstanding balances) has been received in cleared funds.
At the time of delivery, we may require verification of identity and/or age. You agree that anyone at the delivery address who accepts the order is authorized to do so.
Amberfire Distillery may refuse to deliver an order if:
The recipient appears to be under 18 years old or is suspected to be purchasing on behalf of a minor.
The recipient appears under the influence of alcohol or drugs.
The delivery circumstances are deemed unsafe or unsuitable by our delivery personnel.
Verification requirements (such as proof of age or identity) are not met.
CLAIMS, RETURNS, OR CANCELLATION OF ORDERS
The Buyer has no automatic right to cancel or modify an order once Amberfire Distillery has accepted it.
If Amberfire Distillery agrees to cancel your order after it has been placed, we may do so under the following conditions:
You provide proof of purchase.
The products remain in their original condition and packaging.
You agree to pay any reasonable costs incurred by Amberfire Distillery for processing the cancellation or return.
Amberfire Distillery may, at its sole discretion, accept or reject any order for any reason, including but not limited to:
Errors in advertised pricing or product descriptions.
Errors in the order submitted by the Buyer.
Limited availability of stock.
If Amberfire Distillery rejects an order, any money paid for the rejected order will be refunded.
LIMITATION OF LIABILITY
Amberfire Distillery acknowledges that the Competition and Consumer Act 2010 (Cth) (CC Act) and similar state and territory legislation provide non-excludable rights to consumers ("Non-Excludable Rights"). Nothing in these Terms of Use excludes or limits these rights.
Subject to applicable laws, Amberfire Distillery makes no warranties or guarantees, express or implied, beyond those required by law.
The Buyer acknowledges that they have not relied on any representation or warranty made by Amberfire Distillery unless it is expressly provided in writing.
To the extent permitted by law, in respect of each sale or supply of goods:
a) All implied terms (except those under the CC Act) are excluded.
b) The liability of Amberfire Distillery is limited to:The cost of replacing the goods,
The supply of an equivalent product, or
The repair of the goods.
ENTIRE AGREEMENT
These Terms of Use, along with any order for goods, form the entire agreement between the Buyer and Amberfire Distillery regarding the sale and supply of goods.
PRIVACY ACT 1988 (CTH)
Amberfire Distillery complies with its obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
By purchasing goods from Amberfire Distillery, you consent to the collection and use of your Personal Information (as defined in the Privacy Act) for the purpose of processing your order, fulfilling delivery, and conducting business operations.