Cocktail Society Membership Terms & Conditions

Cocktail Society is operated by Bass and Flinders Distillery Pty Ltd (ABN 51 147 336 570) of 40 Collins Road, Dromana, Victoria 3936 (“Bass & Flinders”, “we”, “us” or “our”).

By joining Cocktail Society, you (“Member”, “you” or “your”) agree to these Terms & Conditions.

Cocktail Society is an ongoing monthly membership. Please read these terms carefully before joining, particularly the sections dealing with recurring payments, skipping or pausing a month, cancellation and delivery.

1. About Cocktail Society

Cocktail Society is a monthly cocktail membership operated by Bass & Flinders Distillery.

Each month, Members receive a Cocktail Society box containing the ingredients and supporting material required to make at least five cocktails, built around a featured Bass & Flinders spirit.

The exact contents and cocktail change each month. A typical box includes:

• a 200mL bottle of the month’s featured Bass & Flinders spirit;
• pre-measured cocktail ingredients, which may include vermouths, liqueurs, syrups, bitters and other ingredients;
• a cocktail recipe card;
• access to a how-to video via QR code; and
• a Cocktail Society collectible card or other monthly inclusion.

From time to time, a recipe may require a basic household ingredient that is not included in the box, such as ice, sugar or another simple pantry staple. Where this applies, it will be identified in the recipe or accompanying information.

The featured spirit, cocktail recipe, ingredients, garnishes, packaging and other inclusions may vary from month to month.

2. You must be 18 years old or over

Cocktail Society contains alcohol and is available only to persons aged 18 years old or over.

By joining Cocktail Society, you confirm that:

• you are at least 18 years of age;
• the information you provide to us is true and accurate; and
• any person accepting delivery of alcohol on your behalf is legally permitted to do so.

We and/or our delivery partners may request proof of age and may refuse to supply or deliver alcohol where satisfactory proof of age cannot be provided.

This is consistent with Bass & Flinders’ existing 18+ requirements.

3. Joining the Society

When you join Cocktail Society, you are entering into an ongoing monthly membership.

Your membership continues from month to month until you cancel it in accordance with these Terms.

When you first join, our system may create a $0 signup order. This is an administrative order used to establish your membership and payment schedule. It is not a paid Cocktail Society box and will not itself be dispatched.

Your recurring payment schedule is anchored to the 1st of each month.

4. Monthly membership fee and automatic payment

The monthly membership fee is the price displayed on the Cocktail Society website and at checkout at the time you join, inclusive of GST and any standard delivery charges stated as included.

By joining Cocktail Society, you authorise Bass & Flinders and its payment providers to automatically charge your nominated payment method for your membership each month.

Your recurring membership payment will ordinarily be processed on the 1st of each month.

You are responsible for keeping your payment details current and ensuring sufficient funds or credit are available when payment falls due.

There is no minimum membership term unless expressly stated otherwise at the time you join.

5. When you join determines your first box

Joining on or before the 1st

Where your membership is active for that month’s billing cycle and payment is successfully processed, you will be included in that month’s Cocktail Society dispatch.

Joining from the 2nd onwards

If you join from the 2nd of the month onwards, your first automatic membership payment will ordinarily occur on the 1st of the following month, and your first box will ordinarily be included in that following month’s dispatch.

Late-month sign-ups between the 2nd and 5th

If you join between the 2nd and 5th of the month, we may contact you and offer you the opportunity to purchase that month’s Cocktail Society box where stock and fulfilment capacity allow.

This is an optional offer and is not guaranteed.

If we do not contact you, or the current month’s box is unavailable, your membership will simply commence with the following month’s billing and dispatch cycle.

Purchasing a current-month box in this way does not change your ongoing membership billing date, which remains the 1st of each month.

6. Monthly dispatch

Cocktail Society boxes are ordinarily dispatched from Bass & Flinders Distillery on the 8th of each month, or the next Business Day where the 8th falls on a weekend or public holiday.

Tracking information will be provided once your order has been dispatched where tracking is available.

The 8th is a dispatch date, not a guaranteed delivery date. Actual delivery times depend on your location, carrier networks, weather, peak periods and other circumstances outside our reasonable control.

7. Monthly cut-off for skips, pauses and cancellations

The monthly cut-off for skipping, pausing or cancelling your membership is:

11:59pm Melbourne time on the final calendar day of the month preceding the relevant billing date.

Melbourne time means Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Time (AEDT), as applicable.

For example, to avoid being charged on 1 November, you must complete your skip, pause or cancellation by 11:59pm Melbourne time on 31 October.

Once the monthly cut-off has passed and your payment has been processed, any skip, pause or cancellation request will ordinarily apply to the next available billing cycle.

8. Skipping a month

You may skip an upcoming Cocktail Society box through your Cocktail Society account.

To avoid being charged for that month, your skip request must be completed by the monthly cut-off described in Section 7.

If you skip a month:

• you will not be charged for that month’s box;
• you will not receive that month’s box; and
• your membership will automatically resume for the following month unless you skip again, pause or cancel.

A skip applies to one billing cycle only.

9. Pausing your membership

You may pause your membership through your Cocktail Society account where that functionality is available.

To prevent the next monthly charge, your pause request must be completed by the monthly cut-off described in Section 7.

While your membership is paused, you will not be charged or receive Cocktail Society boxes in accordance with the pause settings available through your account.

You are responsible for reviewing your account and resuming your membership when you wish to start receiving boxes again.

10. Cancelling your membership

You may cancel your Cocktail Society membership at any time through your online account or by contacting us.

There are no cancellation fees.

To avoid being charged for the next month’s box, you must cancel your membership by 11:59pm Melbourne time on the final calendar day of the preceding month.

For example, if you cancel by 11:59pm on 31 August, you will not be charged for or receive the September box.

If you cancel after the monthly cut-off and the next monthly payment has already been successfully processed, your cancellation will apply to future billing cycles.

Unless required otherwise by law, a payment that has already been processed will not automatically be refunded and the box associated with that payment will still be supplied.

Cancellation stops future recurring payments. It does not retrospectively cancel a monthly order that has already been paid for and entered the fulfilment cycle.

11. Failed or declined payments

If your monthly payment fails or is declined, we or our payment provider may automatically retry the payment and contact you asking you to update your payment details.

If payment is successfully recovered within our payment-retry period, your membership will remain active and, where operationally possible, your box will be included in that month’s dispatch.

If payment remains unsuccessful after our retry process has been exhausted:

• you will not receive that month’s box;
• your membership may be skipped or paused for that month; and
• your membership will not necessarily be cancelled.

Your membership may resume for the next monthly billing cycle unless you cancel it or we advise otherwise.

12. Updating your payment details

You are responsible for ensuring your nominated payment method remains valid and current.

Payment details can be updated through your Cocktail Society account.

We may contact you where our system identifies that your card is expiring or where a payment has failed.

We are not responsible for a Member missing a month’s box because payment could not be successfully processed, provided we have acted reasonably in attempting to process the payment and notify the Member.

13. Delivery addresses

You are responsible for providing a complete and accurate delivery address and keeping that address up to date.

Address changes should be made through your Cocktail Society account before the relevant month’s order enters packing and fulfilment.

Once a box has been packed, labelled or dispatched, we cannot guarantee that an address change or redirection can be made.

If a box is delivered to an incorrect address because you supplied incorrect, incomplete or outdated information, Bass & Flinders is not required to replace the box free of charge.

If a parcel is returned to us because the address provided was incorrect, incomplete, inaccessible or the parcel was not collected, we may contact you to arrange redelivery.

Additional delivery charges may apply where the return or redelivery was not caused by an error by Bass & Flinders or the carrier.

14. Delivery delays

We will use reasonable endeavours to dispatch boxes according to the advertised monthly schedule.

However, delivery dates and times are estimates only.

Delays may occur because of Australia Post or another delivery provider, weather, natural disasters, industrial action, public holidays, peak delivery periods or other circumstances outside our reasonable control.

A delivery delay does not automatically entitle you to a refund.

If your tracking indicates an unreasonable delay or you believe your parcel has been lost, please contact us so that we can investigate with the delivery provider.

15. Lost, damaged or incomplete boxes

We take care in packing Cocktail Society boxes, but occasionally things can go wrong.

If your box arrives damaged, contains an incorrect product or is missing a material component, please contact us as soon as reasonably practicable at:

cocktails@bassandflindersdistillery.com

We may ask you to provide photographs of the shipping carton, damaged product, shipping label and/or contents received so that we can investigate the issue and make a claim with the delivery provider where appropriate.

Where a box is confirmed to have been lost in transit, materially damaged, incorrectly supplied or materially incomplete due to an error by us or our delivery provider, we will provide an appropriate remedy, which may include:

• replacement of the affected item;
• replacement of the box;
• a credit; or
• a refund,

depending on the circumstances and your rights under the Australian Consumer Law.

16. Change of mind and refunds

Once your monthly membership payment has been processed, we do not provide refunds for change of mind.

This includes where you:

• forgot to skip, pause or cancel your membership before the monthly cut-off;
• no longer want that month’s box;
• are away when your box is delivered;
• decide you do not like the featured cocktail or spirit; or
• otherwise simply change your mind about receiving that month’s box.

This change-of-mind policy does not affect your rights under the Australian Consumer Law.

If your box is faulty, damaged, unsafe, materially incomplete, materially different from its description or otherwise fails to meet an applicable consumer guarantee, you may be entitled to a remedy under Australian law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.

17. Monthly products and substitutions

Cocktail Society is designed around a different featured cocktail and Bass & Flinders spirit each month.

By joining, you acknowledge that the products, flavours, ingredients, recipe, garnish, packaging and presentation will vary.

From time to time, an advertised ingredient, garnish, packaging item or other inclusion may become unavailable because of supplier availability or circumstances outside our reasonable control.

Where reasonably necessary, we may substitute an item with another item of comparable purpose, quality or value, provided the substitution does not materially change what you have purchased.

If a material substitution is required, we will take reasonable steps to communicate this where appropriate.

18. Allergies and dietary requirements

Cocktail Society boxes may contain or use ingredients that contain allergens.

Ingredient and allergen information will be provided on relevant product packaging, labels and/or accompanying materials as required.

It is your responsibility to read the ingredient and allergen information provided before consuming or serving any product.

If you or a person you intend to serve a Cocktail Society product to has an allergy, intolerance or specific dietary requirement, you should check the relevant information carefully before consumption and contact us if you require clarification.

Unless we expressly state otherwise, Cocktail Society boxes are not individually customised for dietary requirements or allergies.

19. Responsible consumption

Cocktail Society is intended to help Members make and enjoy quality cocktails responsibly.

You are responsible for your own alcohol consumption and for the manner in which Cocktail Society products are consumed or served after delivery.

Please drink responsibly.

You must not supply alcohol to anyone under 18 years of age and should not drive, operate machinery or undertake another activity where alcohol consumption would make doing so unsafe or unlawful.

20. Storage and use of products

You should follow any storage, refrigeration, use-by, best-before and preparation instructions included with your Cocktail Society box.

Some cocktail ingredients may require refrigeration after delivery or after opening.

Bass & Flinders is not responsible for deterioration, spoilage or other loss caused by a failure to store or use products in accordance with the instructions provided.

Once opened or prepared, products should be consumed within any period specified on their packaging or accompanying materials.

21. Member benefits and promotions

From time to time, Cocktail Society Members may receive additional benefits, offers, events, promotions, discounts, early-access opportunities or other Member-only perks.

Unless expressly stated otherwise:

• benefits are available only while your membership is active;
• benefits are personal to the Member and are not redeemable for cash;
• benefits may be subject to availability, booking requirements or separate promotional terms; and
• we may introduce, vary or discontinue Member benefits from time to time.

Promotional codes and special offers may have their own eligibility requirements, expiry dates and terms and may not be used in conjunction with other offers unless expressly stated.

22. Price changes

We may change the Cocktail Society membership fee from time to time.

Where a price change affects an existing membership, we will provide reasonable advance notice of the new price before it is charged.

If you do not wish to continue your membership at the new price, you may cancel your membership before the first payment at the new price is processed, subject to the cancellation cut-off in Section 7.

A price change will not retrospectively alter a payment already processed.

This structure is preferable to giving Bass & Flinders an unrestricted right to change the price without giving the Member an opportunity to leave. The ACCC specifically uses this distinction when explaining potentially unfair price-variation clauses in standard-form contracts.

23. Changes to Cocktail Society

Cocktail Society is an evolving membership and we may make reasonable changes to its format, contents, packaging, featured products, dispatch arrangements, Member benefits or other features from time to time.

If we make a change that materially affects the nature of your ongoing membership, we will provide reasonable notice where practicable and give you an opportunity to cancel before the change takes effect.

We may also suspend or discontinue Cocktail Society.

If we discontinue the membership, we will stop future recurring payments and appropriately deal with any boxes that have already been paid for.

24. Availability

All Cocktail Society boxes and individual components are subject to availability.

We may limit the number of memberships available, temporarily close new memberships or limit delivery to particular geographic areas.

If we are unable to supply a box that you have already paid for, we may offer a replacement, credit or refund as appropriate.

25. Member accounts

You are responsible for maintaining accurate information in your Cocktail Society account, including your:

• name;
• email address;
• delivery address;
• contact telephone number; and
• payment information.

You are also responsible for maintaining the security of your account and should notify us promptly if you believe your account has been accessed without authority.

26. Personal information and privacy

We collect and use personal information in order to administer your membership, process payments, fulfil and deliver orders, provide customer support and communicate with you.

Your personal information will be handled in accordance with the Bass & Flinders Distillery Privacy Policy and applicable privacy laws.

We may provide information to third-party service providers where reasonably necessary to operate Cocktail Society, including payment processors, e-commerce and subscription platforms, delivery providers and communications providers.

27. Cocktail recipes, videos and other content

Cocktail Society recipe cards, videos, written material, photographs, graphics, branding and other content remain the intellectual property of Bass & Flinders or the relevant rights holder.

Members may use Cocktail Society recipes and materials for their own personal, non-commercial use.

You may not reproduce, sell, commercially distribute or otherwise commercially exploit Cocktail Society content without our prior written permission.

28. Liability

To the maximum extent permitted by law, Bass & Flinders is not responsible for indirect or consequential loss arising from your use or consumption of Cocktail Society products.

You remain responsible for:

• deciding whether the products are suitable for you;
• checking ingredient and allergen information;
• storing and preparing products correctly;
• consuming alcohol responsibly; and
• ensuring alcohol is not supplied to anyone under 18.

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy available to you under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law where that right cannot lawfully be excluded or limited.

29. Circumstances outside our control

We will not be responsible for a delay or failure to perform an obligation where that delay or failure results from circumstances outside our reasonable control, including natural disasters, extreme weather, fire, flood, pandemic, government restrictions, industrial action, transport interruption, delivery-provider disruption or significant supplier failure.

Where such circumstances affect a paid Cocktail Society box, we will take reasonable steps to minimise the impact and communicate material delays or changes.

30. Our right to refuse, suspend or cancel a membership

We may refuse, suspend or cancel a membership where we reasonably believe:

• the Member is under 18;
• the membership is being used fraudulently or unlawfully;
• payment remains outstanding;
• the Member has abused a promotion or Member benefit;
• the Member has provided false or misleading information;
• delivery cannot reasonably be completed;
• the Member has engaged in abusive, threatening or inappropriate conduct towards our staff or service providers; or
• continuing the membership would cause us to breach a law or regulatory requirement.

Where practicable and appropriate, we will contact you before cancelling a membership.

If we cancel your membership, no further recurring payments will be taken.

Any entitlement relating to an amount already paid will depend on the circumstances of the cancellation and your rights under Australian law.

31. Changes to these Terms & Conditions

We may update these Terms & Conditions from time to time to reflect changes to Cocktail Society, our systems, business practices or legal requirements.

The current version will be available on our website.

Where a change materially affects an existing Member’s ongoing payment obligations or membership rights, we will take reasonable steps to notify affected Members before that change takes effect.

32. Governing law

These Terms & Conditions are governed by the laws of Victoria, Australia.

Nothing in these Terms affects any rights you may have under Australian consumer protection legislation.

33. Contact us

Questions about your membership, payments, deliveries, skips, cancellations or Cocktail Society boxes can be directed to:

Cocktail Society by Bass & Flinders Distillery
Bass and Flinders Distillery Pty Ltd
40 Collins Road
Dromana VIC 3936
Australia

Email: cocktails@bassandflindersdistillery.com

Phone: 03 5987 3893