Kansom Australia Terms & Conditions

TERMS & CONDITIONS

Effective as of 18th November 2021

The following Terms & Conditions (“Terms”), together with our Privacy Policy and Refund Policy are the complete terms of a legal agreement between you and Kansom Australia Pty Ltd (ABN 60060237283), in relation to the use of the website and purchasing of products from the Kansom Australia Online Store (www.kansom.com.au). By accessing, browsing, and purchasing from this website, you acknowledge that you have read, understood, and agree to the Terms & Conditions.

1. Definitions

1.1 “Terms” refers to the Terms & Conditions and includes but is not limited to the Privacy Policy and Refund Policy of the Kansom Australia Online Store (www.kansom.com.au).

1.2 “Website” and “our Website” refers to the Kansom Australia Online Store, www.kansom.com.au.

1.3 “We”, “we”, “Us”, “us” and “Kansom” refers to Kansom Australia Pty Ltd.

1.4 “Content” includes but not limited to any text, information, images, video, graphics, logos, icons, that is available and use on our Website.

1.5 “Email Subscription” refers to the email subscription for our Website and services, where we may send emails and notifications to subscribers including but not limited to marketing materials, events, promotions, information, and articles.

1.6 “Gift Card” means the gift card that you have purchased or received, such as one of the following: Kansom Australia eGift Card, Kansom Australia Gift Card.

1.7 “Liquor” refers to any liquor or alcoholic beverage/product available for sale on the Kansom Australia Online Store (www.kansom.com.au), including but not limited to Abalone Craft Beer.

2. Updates to Terms & Conditions

2.1 We reserve the right to modify these Terms at any time. Please ensure you are familiar with the current Terms in effect. Changes and clarifications will take effect immediately upon their posting on our Website. By using our Website, you accept the Terms current at the time you access and use it.

3. Service Agreement

3.1 www.kansom.com.au is operated by Kansom Australia Pty Ltd (ABN 60060237283) whose registered office is situated at 6 Fink Street, Kensington VIC 3031, Australia.

 

3.2 Sale of liquor through www.kansom.com.au is made under our Victorian Commission for Gambling and Liquor Regulation Liquor Licence No. 36166804.

 

3.3 By purchasing on our Website, you confirm that all the details are true and correct, including any details or information used to purchase any liquor available on our Website.

 

3.4 Kansom Australia must receive payment of the whole price for the items you have ordered (including any shipping costs) before your order can be processed. Once your payment has been processed, Kansom Australia will confirm that your order has been received by sending an email to you at the email address you provide. The email will include your name, order number and total price charged.

 

3.5 You may not purchase our products for the purposes or resale to any third party.

 

3.6 All prices on the website are in Australian dollars and are inclusive of GST.

4. Wholesale Service Agreement

4.1 All Direct to General Public Wholesale Orders, agree to the additional Direct to General Public Wholesale Terms & Conditions. These include:

  • To accept wholesale prices, the order must meet the minimum order quantity (MOQ) for each product.

  • The prices on the quote and invoice for Direct to General Public Wholesale are based on wholesale prices. These prices are final, including freight charges.

  • The order is valid for 7 days from the Tax Invoice Issue Date and must be paid in total before order can be processed and dispatched.

  • This order cannot be changed or cancelled once the payment has been received. Refunds for change of mind are not accepted. We will supply refunds only in the events of faulty or damaged products.

 

4.2 If you are a wholesaler, distributor or retailer please contact Kansom Australia on 03 9376 5000 and one of our Sales Team will assist you in getting started.

5. Intellectual Property

5.1 Content, images, and videos displayed on our Website, including but not limited to text, graphics, logos, icons, videos, website layout is subject to copyright owned by Kansom Australia Pty Ltd, and is protected by the Copyright Act 1968 and other international copyright laws.

5.2 Brands, names and images and logos displayed on the Website may be the subject of registered trademarks of Kansom Australia Pty Ltd and is protected by the Trade Marks Act 1995 and other international trade mark laws. You may access, display, download and print portions of this Website only for your own private non-commercial use in order to order products via the Website. This permission is subject to you not modifying the content displayed on this site, keeping in contact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed.

6. Information of the Website & Third Party Materials

6.1 We reserve the right to modify, update or change any content available on our Website at any time. The Website may contain technical inaccuracies or typographical errors. Kansom assumes no responsibility for updating this Website to keep information current or to ensure the accuracy of any published information.

 

6.2 The Website may provide links or references to third party websites, or display material soured from a third party website. Kansom is not responsible for and does not endorse the content of linked sites or third party materials. We are not responsible for any transactions you may enter with third parties even if you learn of such parties from our Website.

7. Personal Information & Privacy Policy

7.1 Your privacy is important to us at Kansom, and by providing your details you agree and consent to Kansom maintaining, recording, holding, and using that information to process orders, improve services to customers and information you of news and promotions. Please see our Privacy Policy to understand how we collect and process your personal information through our Website.

 

7.2 Registering and Creating an Online Account

 

7.2.1 When registering for an online account, you are responsible for all sessions and transactions made using these details. You should keep your password safe and not disclose it to anyone. If you feel your password has been compromised, you should change it immediately.

 

7.2.2 It is your responsibility to keep your account updated with any information changes, such as your credit card, billing address and contact information. You can update these details by signing into your account and updating the information stored in your account.

 

7.3 Registering for Email Subscriptions

7.3.1 When you subscribe to our email subscription, you will be required to enter a contact email address, full name, and date of birth for the purposes of providing email marketing including but not limited to news, promotions and events related to our Website and products.

8. Gift Card Terms & Conditions

8.1 By purchasing or receiving a Gift Card (refer to 1. Definitions for further information) you agree to the Gift Card Terms & Conditions in addition to any other Terms.

 

8.2 General Terms

 

8.2.1 Gift Cards remain the property of Kansom and are strictly non-refundable. Gift Cards cannot be exchanged for a different denomination or type of Gift Card, or for another product, cash, or discount. Gift Cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash, or receive any portion of the Gift Card value in cash.

 

8.2.2 Treat your Gift Card like cash, lost or stolen Gift Cards will not be replaced or refunded.

 

8.2.3 You are responsible for the use and safety of your Gift Card. You are liable for all transactions of your Gift Card.

 

8.2.4 Gift Cards cannot be used to purchase another Gift Card on our website and cannot be reloaded if the value is zero.

 

8.3 Gift Card Balance and Transaction History

 

8.3.1 You will not be sent statements of transactions on a Gift Card. If you require assistance with the balance of your Gift Card balance, please email our support team at order@kansom.com.

 

8.3.2 We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.

 

8.4 Activation of Gift Cards

 

8.4.1 Gift Cards may take up to 24 hours to activate. There may be a delay with the Gift Card activating in the system once loaded. During this delay, the Gift Card cannot be used for any purchases.

8.5 Expiry Date of Gift Cards

 

8.5.1 Gift Cards are valid for 3 years (36 months) after issue date. The expiration date will be displayed on your Gift Card.

 

8.6 Purchasing using Gift Cards

 

8.6.1 Gift Cards can be used to purchase any product available on our Website (excluding the purchasing of another Gift Card). If Gift Card is used for the purchase of any liquor products, you agree to comply with the Liquor Purchasing Terms & Conditions in addition to any other Terms.

 

8.6.2 When using Gift Cards to make purchases, you confirm that the transaction correctly represents the correct product, product pricing and product quantity. By using a Gift Card, you agree to pay the amount of that transaction by the reduction of the remaining gift card value. If you are making purchases where the transaction exceeds the value of Gift Card, you must pay the excess using another payment method.

 

8.6.3 Items that are purchased solely, or in part with a Gift Card may be exchanged with a product of the same price value if the order hasn’t been shipped. Exchanges with a product of the same price value for purchases with a Gift Card are accessed and approved by case by case basis by Kansom. As per the Refund Policy, change of mind returns are not accepted.

 

8.7 Refunds & Returns

 

8.7.1 Gift Cards cannot be cancelled or refunded once they are issues except if voided by Kansom if their value is used or if they expire. We reserve the right to void any Gift Card that appears to have been defaced, mutilated, altered, or tampered with any way. We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances except gift card appears to have been defaced, mutilated, altered, or tampered with any way, we will elect to provide a refund or replacement Gift Card.

 

8.7.2 We will not re-issue Gift Cards except in the event that there is a system fault preventing the use of the gift card and is subject to approval by Kansom. Treat your Gift Card like cash, lost or stolen Gift Cards will not be replaced or refunded.

9. Liquor Purchasing Terms & Conditions

9.1 General Terms

 

9.1.1 By purchasing liquor on our website, you confirm you have read, acknowledge, and agree to the Liquor Purchasing Terms & Conditions in addition to any other Terms & Conditions.

 

9.1.2 When purchasing liquor via our Website, you confirm and agree that you are of, or the person you are purchasing 18 years of age or over. If you do confirm that you are 18 years of age or over, your order will not be processed. In this event, Kansom has the right to cancel your order (in which case a refund will be provided), or you will be asked to provide a valid form of ID to prove your identity and age.

 

9.1.3 All liquor purchases on our Website are dispatched from our Victoria Warehouse (6 Fink Street, Kensington VIC 3031, Australia), and under Liquor Licence No. 36166804 and under this licence can be shipped to any address within Australia.

 

9.1.4 All liquor prices on the website are in Australian dollars and are inclusive of GST.

 

9.2 Purchasing Limits

 

9.2.1 Liquor purchasing is limited to a maximum of 48 bottles/cans of beer per transaction per customer per day, and a maximum 6 bottles of spirits per transaction per customer per day. By purchasing, you agree to these purchasing limits. If you violate these agreed Terms, you agree to allow Kansom to choose at our discretion to either terminate the order in full (in which Kansom will provide a full refund) or allow us to ship the order within the confines of the purchasing limits (we will refund the value of exceeded quantity).

 

9.2.2 If a refund is provided by Kansom due to violating any agreed Liquor Purchasing Terms & Conditions, you may be subject to card transaction fee charges, in which case the transaction fee will be deducted from your refund amount. You agree to accept any charges as you have breached the agreed Terms & Conditions, and we are not liable for these transactions. If a refund is provided for a faulty or damaged product, you will not be charged, any transactions fees for refunds.

 

9.3 Delivery Terms

 

9.3.1 Delivery of orders containing any liquor products will be delivered by Australia Post and/or StarTrack, and is subject to their Terms & Conditions, in addition to any Terms listed on our Website. 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. You, or the person accepting your order on your behalf may be asked to provide a valid form of ID to prove identity and age to accept delivery. We may record all details relating to deliveries (including a copy of the proof of ID or age, and photographs of the delivery) which we may be required to record and disclose under liquor licencing laws and law enforcement.

10. Limitation of Liability

10.1 You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions of use. To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms and Conditions of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause except if caused by our gross negligence. To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the value of your purchased products.