Flask Bottle Shop & Cellars Terms and Conditions
As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use.
1. Ordering through Flask's website
When placing an order on our website, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
More information about Deliveries can be found on our Delivery & Returns page.
In these terms, "deliver" and "delivery" of products include collection of them under our Click and Collect facility.
3. Personal information
4. Address for delivery
You agree that the address to which we may deliver is the address you gave for delivery as part of your order or any other address we may subsequently agree to accept as the delivery address.
We will not deliver unless all requested delivery details are given when you place your order.
5. Delivery pre-conditions
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.
You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.
We will not deliver your order if we consider any delivery circumstances are unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable to accept delivery for any reason (including because they may be under 18 years).
We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
You must not purchase any products from us for the purposes of resale to any third party. If we have a concern with the quantity of products you have ordered from us or that you may be otherwise purchasing products for resale, we may contact you when you place the order or within a reasonable time after you submit your order to obtain further information. We also reserve the right to cancel your order if we believe in our reasonable opinion that you have purchased products for resale purposes.
6. Delivery times
We will endeavour to deliver within the times nominated and paid for by you at the time of your order. You accept the risk that occasionally, due to unforeseen circumstances, deliveries may be delayed.
7. Delivery returns/non-collection
If we have attempted delivery of your order and it fails for any reason, we will return your products to our store or delivery depot. Please contact us to arrange a re-delivery or a re-direction to a different address. We will also contact you or the recipient via SMS or email to advise of the failed delivery attempt. If we do not hear from you or the recipient within 5 days from the initial communication, we reserve the right to cancel and refund your order. You agree that we may return and refund your order where we were unable to deliver due to circumstances beyond our control. This is including but not limited to providing an incomplete or incorrect address, no access to your delivery address, or where the "Delivery pre-conditions" above were not met.
In regards to failing to collect an in-store Click and Collect order, if you do not advise us within a week of the nominated collection date, we reserve the right to cancel and refund your order.
You may email us about any delivery or Click and Collect collection matters by using the contact details on our website.
8. Cancellations by us
We may cancel your order before completion of delivery in whole or in part. In the case of Click and Collect orders, we may initiate a cancellation before collection of the ordered products. We may do this even if we have received payment from you or have sent you a tax invoice. We will give you reasonable notice of the cancellation by contacting you via phone, text, or email. The circumstances in which we may cancel your order are as follows:
- if any of the ordered products are not available
- if there was any error in the description of any ordered products or their price as advertised by us
- if your order is in breach of any other terms, or contrary to any person's rights or the law.
- if these terms and conditions (for example under "Delivery pre-conditions" above) provide that we may not deliver your order.
9. Cancellations by you
You agree that you cannot make changes to an order after it has been placed. If you wish to cancel your order so that you may place another amended order, please contact us.
If we agree to cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, the ordered products being in their original condition and packaging, and for you to agree to pay an amount we request on account of our reasonable costs of processing the return and cancellation.
If your order has already been dispatched and is on its way to you, every attempt will be made to accommodate your request. However, no guarantee can be given once an order has been placed. If you have requested a cancellation but your order has already arrived, we may still be able to arrange a return. Please contact us directly to be advised of your return options. Conditions apply, please review our Delivery & Returns Policy.
10. Delivery records
We may record all details relating to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph of the completed delivery. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, and complying with record keeping requirements under liquor licensing laws and law enforcement.
You agree that risk of loss or damage to products relating to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).
12. Title and place of supply
You agree that title to the products you purchase (and the place of our supply of those products to you) occurs at the place where we dispatch the products to your order. We do not supply alcohol to you from places which are not licensed under applicable alcohol licensing laws, even though such other places may be the delivery location. Immediately on us making a refund to you for any products (less any amount you have agreed we may deduct, for example under "Delivery returns/non-collection" or "Cancellations" above) you agree that the title in those products shall pass back to us.
13. Additional information and terms
These terms are in addition to, and not limited to additional delivery and Click and Collect information we provide via our website in various places. Such information may cover matters about delivery options; what constitutes a case of alcohol; delivery costs; how to estimate delivery costs; the circumstances when we do not charge for delivery and the limits on those circumstances; locations to which we deliver and locations to which we do not deliver; unattended deliveries; deliveries to multiple addresses and delivery exclusions. Such delivery and Click and Collect information forms part of these terms and conditions.
We may notify you of delivery conditions relating to your particular order at or before the time of processing it.
14. Changes to Terms and Conditions (including delivery charges)
Flask's terms and conditions, may change or be suspended or terminated from time to time. These changes may relate, amongst other things, to our delivery charges. We will give advance notice of any such matters on our website at flaskcellars.com. Continuing to use any Flask's facilities, including using or ordering from flaskcellars.com after the period of advance notice has expired will be deemed as acceptance of the changed terms and conditions.
15. Free Delivery
Free Delivery only applies to products or orders that display the ‘Free Delivery’ badge. If an order contains a combination of Free Delivery and non-Free Delivery items, normal delivery charges will be applied for products that do not display the Free Delivery badge. For Free Delivery products, please be aware that the delivery charge may not be removed until the payment page of the checkout.
Flask's supports the Responsible Service of Alcohol (RSA)
Our liquor products are not available to under 18's.
It is an offence to sell or to obtain liquor on behalf of a person under the age of 18.
Strict limit of 3 redemptions per receipt and must occur in one transaction. While stocks last.
No further discounts apply.
17. Website Content
The materials (including all software) and services on this website are provided "as is" without warranties of any kind. This includes warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Flask's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this website should be construed to alter such agreements.
Flask's does not warrant the accuracy and completeness of the materials, information or services on this website.
Flask's may make changes to the materials and services on this website, or to the products and services described in them, at any time without notice. The materials and services on this website may be out of date, and Flask's makes no commitment to update the materials and services on the website.
Information published on this website may refer to products, programs or services that are not available in your country. Consult your local Flask's business contact for information regarding the products and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
- You acknowledge that our sites (including this website and all mobile applications) are provided "as is" and that we do not make any warranty or representation as to the suitability of the sites, anything (including content and websites) to or from which the sites are linked or any product for any purpose;
- The content of the sites and all content to or from which the sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;
- We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the sites are linked;
- We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;
- Risk of loss or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and
- Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example under the "Delivery returns/non-collection" or "Cancellations" sections in our delivery terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
- Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it, is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Promotional Voucher Codes
Promotional vouchers can not be exchanged for cash
Used in conjunction with one another
Re-used on another transaction, or
Partially used across multiple orders.