These terms of trade are agreed to when you book a Gin Masterclass or purchase a gift voucher.
Between the Bass and Flinders Distillery Pty Ltd (ACN 147 336 570) of 232 Red Hill Road, Red Hill, Victoria 3937 (“Company”).
And the Customer as set out in the Customer form (the Customer who wishes to buy the goods and services from the Company).
- The Company agrees to sell and the Customer agrees to buy the goods and services on the terms and conditions set out in this Agreement.
- Definitions and Interpretations
In this Agreement the following definitions apply:
“Business Day” means any day except:
- a Saturday or Sunday; or
- any other day, the whole or any part of which is observed as a public holiday throughout Victoria.
“Company” means the company set out in the Schedule and includes the company’s agents and permitted assigns.
“Customer” means the customer and the customer’s agents and permitted assigns are the persons whose credit card details are completed in the credit card detail form.
“Goods and services” means the Gin Masterclasses and gift vouchers supplied by the Company.
In this agreement, headings and boldings are only for convenience and do not affect interpretation and, unless the context requires otherwise –
- words in the singular include the plural and the other way around;
- words of one gender include any gender;
- a reference to writing includes email and other communication established through the Company’s website (if any);
- a reference to a person includes an individual, a company, partnership, joint venture, association, corporation or other body corporate and a Governmental Agency;
- a reference to a party to this agreement includes that party's executors, administrators, successors and permitted assigns;
- a reference to a clause or party is a reference to a clause of, and a party to, this agreement;
- a reference to a thing (including, but not limited to, a right) includes any part of that thing but nothing in this clause 2.7 implies that performance of part of an obligation constitutes performance of the obligation;
- a reference to a right includes a remedy, power, authority, discretion or benefit;
- a reference to legislation includes any amendment to that legislation, any consolidation or replacement of it, and any subordinate legislation made under it and any rules, regulations and guidelines issued under that legislation or subsidiary legislation;
- a reference to a document, including this agreement, includes any amendment or supplement to, or replacement or novation of, that document or this agreement, as the case may be;
- if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning;
- examples are descriptive only and not exhaustive;
- a provision must not be construed against a party merely because that party was responsible for preparing this agreement or that provision; and
- a reference to a body, other than a party to this agreement (including an association, authority, corporation, body corporate or institution), whether statutory or not –
- which ceases to exist;
- which is reconstituted, renamed or replaced; or
- whose powers or functions are transferred to another body,
- is a reference to the body which replaces it or which serves substantially the same purposes or has the same powers or functions.
1.3 If the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:
- 3.1 If it involves a payment other than a payment which is due on demand must be done on or by the preceding Business Day; and
- 3.2 In all other cases, must be done on or by the next Business Day.
2.1 Whole Agreement
2.1.1 These terms of trade apply to all transactions between the Company and the Customer relating to the provision of the goods and services.
3.0 Purchasing a booking for a Gin Masterclass
3.1.1 The Company may provide the Customer with a booking ticket confirming the Customer may participate in a Gin Masterclass (“Masterclass”) on a set time, day, date and place (the “Booking Ticket”).
3.1.2 The Booking Ticket is valid for one Masterclass only as noted on the details of the Booking Ticket.
3.1.3 The Customer must be an adult aged 18 years and older to purchase a Booking Ticket. The Company reserves its right to request the Customer to provide proof of age documents at any time.
3.1.4 The Company reserves the right to amend the date, time, day and place of the Masterclass at any time. The Company will notify the Customer of any changes to the Masterclass as soon as practicable, at which point an amended Booking Ticket will be sent by electronic mail to the Customer.
3.2 Purchasing a gift voucher
3.2.1 The Company may provide the Customer with a gift voucher.
3.2.2 The Customer must be an adult aged 18 years and older to purchase a gift voucher. The Company reserves its right to request the Customer to provide proof of age documents at any time.
3.2.3 A gift voucher is valid for twelve months from the date of purchase. The date of validity of the gift voucher may be extended at the absolute discretion of the Company without any obligation to do so.
4.0 Cancellations and transfers
4.1 Gin Masterclasses
4.1.1 The Customer agrees that the purchase of a Gin Masterclass Booking Ticket is a non-refundable transaction between the Company and the Customer.
4.1.2 Masterclass Booking Tickets are Booking Tickets for Masterclasses at the Company only. The Booking Ticket will not be exchanged for the Company’s products.
4.1.3 Subject to the discretion of the Company and provided the customer gives at least seven days notice to the Company, the Customer may reschedule their Masterclass to a different time, day, date and place at all times subject to availability of Masterclasses’ vacant places.
4.1.4 The Company consents to Booking Tickets being transferred to an adult aged 18 years or older subject to the Customer notifying the Company in writing prior to the commencement of the Masterclass of the transfer of the Booking Ticket. To transfer the Booking Ticket, the Customer must provide the Company with the full name, mobile phone number, address and date of birth of the transferee.
4.1.5 The Company reserves its right to cancel Masterclasses at any time and the Customer is not entitled to any compensation, expenses or claims for losses.
4.1.6 The Customer acknowledges that if they fail to attend a Masterclass in accordance with the Booking Ticket, then their booking is lost and the Customer is not entitled to change their booking after the event.
4.2 Gift vouchers
4.2.1 The Customer agrees that the purchase of a gift voucher is a non-refundable transaction between the Company and the Customer.
4.2.2 Gift vouchers may only be redeemed for the Company’s Masterclasses and not for the Company’s products.
4.2.3(a) The Customer may transfer a gift voucher to another adult aged 18 years and over at any time provided the Customer notifies the Company in writing prior to the booking of a Masterclass. The Customer must provide the following details of the transferee: full name, mobile phone number, address and date of birth.
4.2.3(b) The Customer acknowledges that he/she is aware and accepts the twelve month expiry period commences from the date of purchase not the date of the transfer of the gift voucher.
5.1.1 The Customer agrees with the Company to engage in the responsible consumption of alcohol at the Masterclass.
5.1.2 The Customer acknowledges and is aware that alcohol is served at the Masterclasses and it is not appropriate for Customers to attend who are alcoholics, allergic to liquor or are unable to control their consumption of liquor. Customers attend Masterclasses at their own risk.
5.1.3 The Company is not responsible for the Customer’s consumption of liquor and the Customer at all times remains responsible for their own personal consumption of liquor.
5.1.4 The Company will provide drinking water at all times and Customers are encouraged to consume the drinking water provided during the Masterclass.
5.1.5 The Company reserves its right to change these terms and conditions at its absolute discretion and at any time without notification to the Customer.
5.1.5 The Company reserves its right to change the pricing of Masterclasses at its absolute discretion and at any time without notification to the Customer.
6.0 Customer’s disclaimer
6.1.1 The Customer agrees to disclaim any right to rescind or cancel these terms and conditions or to claim for damages or restitution arising out of any alleged misrepresentation by any employee, agent or representative of the Company.
6.1.2 The Customer agrees and acknowledges that the Customer purchased the goods and services relying solely on the Customer’s own skill, judgement and evaluation of the goods and services.
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