Terms of service.

1. Our Contract

(a) These terms and conditions (Terms) are between Beyond the Wooden Door (We, Us or Our) and you.

(b) When you place an order via Our Website, you will receive an order confirmation email confirming receipt of your order (Confirmation Email). This Confirmation Email will only be an acknowledgment of your order and will not constitute acceptance of your order.

(c) If any Goods become unavailable after the Confirmation Email but before the Dispatch Email, We may substitute them with products of equal or greater value (Substitute Goods). You will be notified of any substitution in the Dispatch Email and may accept or reject the Substitute Goods within 5 days of delivery.

(d) A contract between Us will not be formed until We send you confirmation by email that the Goods which you ordered have been sent to you (Dispatch Email).

(e) Only those Goods listed in the Dispatch Email will be included in the contract formed between you and Us (Contract).

(f) We collect and process your personal information in accordance with Our privacy policy. By placing an order, you consent to the collection, storage, and processing of your personal data including name, contact details, and payment information (Personal Data). We implement appropriate security measures to protect your Personal Data and will only use it as described in Our privacy policy.

2. Pricing and availability

(a) We use reasonable commercial efforts to ensure that all details, descriptions and prices of the goods which appear on this Website (Goods) are accurate. However, listing errors may occur in relation to such details, descriptions and prices (Error). If We discover an Error in relation to any Goods you have purchased, We will endeavour to correct the Error as soon as practicable.

(b) Delivery costs will be charged in addition to the purchase price and such additional charges are clearly displayed where applicable and included in the “Total Cost”.

3. Payment

Once We receive your order, We carry out a standard authorisation check on the credit or debit card you provided to Us at time of checkout (Card) to ensure there are sufficient funds to fulfil the transaction. Your Card will be debited upon authorisation being received. The monies received upon the debiting of your Card must be treated as a deposit against the value of the Goods you wish to purchase. Once the Goods have been dispatched and a Contract exists after your Dispatch Email has been sent, the monies paid as a deposit must be used as consideration for the value of Goods you have purchased as listed in the Confirmation Email

4. Delivery of Goods

Non-delivery of Goods must be reported to Us as soon as possible.

4.1 Australia

(a) All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by a registered courier without insurance or tracking.

(b) While We do everything We can to ensure your order is delivered in a timely manner, We will not be liable for any loss or damage incurred by any person as a result of delay caused by Our carrier that We have no control over or by any event which is out of Our reasonable control or foresight including but not limited to an delay caused by an incorrect delivery address being provided to Us.

(d) For deliveries of age-restricted or alcohol products, a signature from a person aged 18 years or over with valid identification is required upon delivery. If no eligible person is available to accept delivery, the Goods will be returned to Our depot and re-delivery fees may apply.

(e) We maintain all required liquor licenses and permits in accordance with applicable state and territory regulations. All alcohol sales and deliveries are subject to Our compliance with these licenses, and We reserve the right to refuse delivery if regulatory requirements cannot be met or verified at the delivery address.

(f) Any non-delivery claim must be submitted within 7 business days of the expected delivery date, including your order number and delivery address. We will investigate and respond to your claim within 5 business days and may offer either reshipment or refund at Our discretion.

5. Receipt of Goods

(a) You must inspect the Goods immediately upon their arrival and if the Goods are not in accordance with the specified requirements then you must give notice to Us within 7 days of receipt of the Goods. If you fail to give such notice, the Goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by Us within 7 days after receipt of the Goods by you.

(b) This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 7 below.

6. Refund Policy

Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. However, you may be entitled to a refund under Australian Consumer Law if the product is faulty, significantly different from description, or fails to meet consumer guarantees. Refunds may also be provided for damaged items reported within 7 days of delivery

7. Limitation on claims

(a) We have no liability to the extent that Our performance of the Contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which We are prevented from or delayed in performing any of Our obligations, is beyond Our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

(b) We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part.

(i) in the case of Goods supplied by Us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply), or the repair of the Goods (or the payment of the cost of the repair); and

(ii) in the case of services supplied by Us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

(d) Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

(e) In all other respects, Our total liability for loss or damage of every kind, whether:

(i) arising pursuant to the Terms; or

(ii) arising in any other way out of or in relation to the supply of the Goods, their sale, delivery or the way they behave, and whether in tort or Contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to Us for the Goods.

(f) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, We do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of Goods or services supplied pursuant to these Terms.

Warranty disclaimer

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.

Intellectual property

Where applicable, the specifications and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) remain Our property.

Title and risk

Title in the Goods does not pass to you until payment has been received. Risk of loss or damage to the Goods passes to you upon dispatch of the Goods regardless that they are shipped with a third party.

Waiver

Any waiver of any provision of the Terms will be effective only if in writing and signed by Us.

Without limiting the foregoing, if you breach these conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where you breach these conditions.

Entire agreement

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Us.

Governing law

These Terms are governed by the laws in force in Victoria. You agree to submit to the exclusive

jurisdiction of the courts of that jurisdiction.

Dispute Resolution Process

Prior to commencing court proceedings, the parties must first attempt to resolve any dispute through mediation administered by the Australian Disputes Centre. If the dispute remains unresolved after 14 days of mediation, either party may then commence court proceedings in accordance with the governing law provisions.