Terms & Conditions
In these terms and conditions, “we”, “The Club”, “us” and “our” refers to The Spirits of Goodradigbee Club. Your access to and use of all information on this website including purchase of our services is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. It is your responsibility to update your address details. Failure to do this may result in purchases being sent to an incorrect address and we will not be liable for this.
- On registration, you agree to pay for our services as set out on our website.
- We reserve the right to terminate your Membership at any time if you breach these terms and conditions.
- You must be 18 years or older to join The Spirits of Goodradigbee Club. It is an offense to sell alcohol to minors and it is a punishable offense for a minor to purchase alcohol. Any minors attempting to join the club and found to have falsely claimed to be 18 or over will be reported to the Federal Police.
- The Spirits of Goodradigbee Club is open to Australian residents only.
- Maintaining an active credit card is a requirement of Membership with The Spirits of Goodradigbee Club. Your Membership will be terminated should your card be invalid for more than 3 months.
- In the case that you have more than one payment method in your Spirits of Goodradigbee Club account (credit card and PayPal, or multiple credit cards) we reserve the right to attempt to charge those additional payment types should the primary payment type be declined. By adding additional payment methods you agree to this.
- Your card details are securely captured and stored in a secure vault by Stripe, our 3rdparty payment processor. Each card is assigned a billing token which is stored on our site. This billing token is used to securely charge your card via the Stripe payment gateway.
- If using PayPal your payment information is fully and securely handled by PayPal, we The Spirits of Goodradigbee Club cannot and do not directly access your payment details held securely within PayPal.
- You can terminate your Membership at any time. There is no penalty for termination or minimum term required. Terminate your Membership via the “Account Settings” link in the Account Details section of your account at https://spirits.goodradigbee.com/myaccount
Your Subscription and How It Works
- The Club operates an “opt-out” system. This means that you are automatically opted-in to purchase your subscription for the nominated term unless you decline the offer within the allotted timeframe.
- The monthly buying process takes place over a 72hr period from midnight on the first Friday of each month until midnight on the following Sunday.
- The Club sends out the Spirit of the Month email on the first Friday of every month. This email contains full details on the featured whisky including pricing and may also include other products for you to purchase.
- By becoming a Member of The Spirits of Goodradigbee Club, you agree to receive email correspondence from us. It is your responsibility to ensure that the Club’s email addresses (email@example.com and, firstname.lastname@example.org) are whitelisted in your mail program to ensure deliverability. The Club does not accept responsibility for non-delivery of emails.
- Over the 72hr period from midnight on the first Friday of each month until midnight on the following Sunday you can opt-out (decline) or double-up (purchase double the number of bottles in your standard subscription) the featured whisky, and on occasion, where relevant you can also add-in extra products. Links are provided on the Spirit of the Month email or you simply login to your account (https://spirits.goodradigbee.com/myaccount) to complete these actions. Please contact us immediately if for whatever reason you are unable to gain access to your account.
- You agree that if you fail to indicate your desire NOT to renew or membership, your registered credit card will be debited and your spirit will be delivered to the address provided by you at registration – see Opt Outs and Refunds in detail below.
- All prices are in Australian Dollars (AUD), and are inclusive of GST. Postage is flat rate $15 per order Australia wide. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- All bottles are the distillery’s standard bottle size sold in Australia. In most cases, this is 500ml. If the bottle is any size other than 500ml ie 700ml, we’ll specify the size on the product page for that spirit.
Opt-out, Refunds and Returns
- You can opt out of your membership by clicking on the “OPT OUT” button in your account.Please contact us immediately if for whatever reason you are unable to gain access to your account.
- You will receive an email from Geoff@goodradigbee.com upon successfully processing an opt-out (same for double-ups and add-ins/top-ups). Another way of checking that the opt-out has correctly processed is to refresh the My Account page, and check your Delivery Box summary.
- It is your responsibility to opt out during the opt-out/double-up window and this timeframe is clearly stated on the Spirits of Goodradigbee monthly email. There is no penalty for opting out.
- Opt-outs and double-ups reset at the start of each nominated term – ie if you are a three month member, the opt-out is possible anytime during that 3 months. Likewise of 6 month and 12 month members. This means that you have to take action to opt-out each month.
- It is your responsibility to ensure that the email address provided to us at registration is correct in order for you to receive the Spirit of the Month email. Please ensure that you update this address in your accountif and when it changes.
- It is your responsibility to ensure that our email addresses Geoff@goodradigbee.com and email@example.com are whitelisted in your email program in order to ensure that you receive our emails. (An email whitelist is a list of contacts that the user deems are acceptable to receive email from and should not be sent to the trash folder.) Email Geoff for instructions on how to whitelist our email addresses to ensure deliverability. The Spirits of Goodradigbee Club will not be held liable if you do not receive the monthly email.
- We reserve the right to accept or decline any late opt-outs received after the stated deadline. In the event that a late opt-out is accepted, the amount charged will be credited to your account. If a late opt-out is accepted after your order has been processed, it is your responsibility to return the bottle to our warehouse at your cost before a refund or credit is applied. Postage costs are non-refundable. Email us for details.
Charging your card
- Unless otherwise stated and unless you have opted-out within the correct timeframe, you will always be charged on the first Monday after the first Friday of the month.
- Successful transactions will receive a tax invoice via email and declined transactions will be notified via email depending on stock availability.
- We will re-attempt to charge declined cards daily for the next five working days or until sold out. It is your responsibility to ensure you have sufficient funds available on your card and to update your account with your new payment details before your current card expires.
- AfterPay is available on a case-by-case basis for Members whose recurring payment methods were declined. AfterPay cannot be used as a primary or recurring payment method. The Spirits of Goodradigbee Club reserves the right to review and terminate a Member’s eligibility to use AfterPay on a case-by-case basis. By using AfterPay, Members agree to AfterPay’s terms and conditions and The Spirits of Goodradigbee Club accepts no responsibility for the financial liability of its Members.
- In the case of Membe wanting a second bottle or previous stock, featured over the 12 month cycle of Spirit of the Month stock is allocated on a strict first come first served basis. Once all available stock is depleted Members can opt to join a waiting list and should a bottle become available it will automatically be added to their order and be processed along with any other products.
- We, or our agents, ship products to you according to the instructions agreed upon by you when subscribing to the service.
- Shipping & handling costs are included in the charge to your credit card.
- Should you not receive your bottle within a reasonable time, contact us. If the product has not been delivered or has been shipped to an address other than the one registered or stipulated by you as your delivery address, we will ship a replacement product. Sometimes parcels are returned to our warehouse by our shipping broker Shippit.com (Return to Sender) because of a variety of issues with delivery. Here we need you to confirm your delivery address, which will occur via email. Once confirmed we’ll ship your order back to your confirmed address.
- Should the product be damaged in transit, please let us know and we can arrange a replacement of the product. We reserve the right to request evidence of damage in transit.
- In line with best practice your parcel requires a signature on delivery. Should you elect to give the courier an “Authority to leave” then the Club cannot be held responsible for any issues that may arise from damage, loss or deterioration to the product once delivery has been made. The Club is not obliged to provide a replacement but may do so at its discretion.
- A person must not order or request a person under the age of 18 years to take delivery of liquor purchased from The Spirits of Goodradigbee Club.
- When you visit our website, we give you a limited license to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All material including text and images, supplied by the client will remain the client’s property. The client is completely responsible for securing all necessary licenses or permissions for content that is supplied to The Spirits of Goodradigbee Club. All such material supplied by the client will be assumed to be the property of the client and therefore free to use in any development without fear of breach of copyright laws. The copyright for all material provided by The Spirits of Goodradigbee Club such as code, graphics, photographs, images and text, will remain the property of The Whisky Club until such time as payment has been made in full whereupon they will become the property of the client.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea, review, or suggestion (called “Comments”) which you provide to us through this website’s review feature and/or the Club’s Facebook, Twitter and Instagram pages becomes our property. These Comments include written copy and images, including the use of your Spirits of Goodradigbee Club Account Avatar. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- All promotion and competition winners agree to supply photographs, and content specified within that competition’s terms and conditions of the prizes and experiences for promotional purposes
- Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
1.1. Schedule 2 of the C&C Act; and
1.2. those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
2.1. We will repair or replace the goods or any part of them that is defective; or
2.2. Provide again or rectify any services or part of them that are defective; or
2.3. Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
3.1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
3.2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
3.3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.3. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
1.1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
1.2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
1.3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
1.4. We do not participate in any way in the transactions between our user.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- We may provide your name & address information to third parties purely for the express purpose of facilitating delivery to you. No other information is provided to our shippers.
Refer a friend
- Offer only open to Australian residents 18 years or older.
- Members cannot refer themselves or partner/spouse.
- Every successful referral earns the referrer and their referee each a Spirits gift (the selection varies depending on available stock). A referral is deemed successful and a prize will be shipped when the referee (the person who has been referred) has purchased one subscription to The Spirits of Goodradigbee Club, at which point they are deemed an active Member. Neither the referrer nor their referee will receive a reward if the referee joins the Club but is an inactive Member.
- Prizes are non-transferable, non-exchangeable and non-refundable.
- The Spirits of Goodradigbee Club reserves the right to cease any and all promotions without prior notice if oversubscribed, and to investigate and withdraw prizes where entrant behaviour is deemed to be suspicious or dishonest.
- Membership to The Spirits of Goodradigbee Club entitles the bearer to 10% off all spirits at Digbee’s Bar, our distillery bar in Brookvale. This excludes whole bottle sales.
- “Whisky” refers to neat whiskies and does not include mixers.
- Membership must be cited to the cashier immediately before payment in order for the Member to be entitled to the discount.
VARIATION & CANCELLATION
- The Spirits of Goodradigbee Club reserves the right at any time and from time to time at its sole and absolute discretion without prior notice to vary or amend the terms and conditions contained herein and to add or subtract or in any way modify the Membership Discount.
- The Spirits of Goodradigbee Club may be withdrawn without prior notice at the absolute discretion of Goodradigbee Distillers Pty Ltd.
- The Spirits of Goodradigbee Club reserves the right to reject any application, to terminate any Card, or to refuse to replace any lost, damaged or stolen Card, at their absolute discretion, and without having to state any reason whatsoever.
- The Spirits of Goodradigbee Club decision on all matters relating to or in connection with the Card shall be final and conclusive and no correspondence in relation thereto will be entertained.
- The Spirits of Goodradigbee Club shall not be liable to any applicant, Member or any other party for any loss or damage, irrespective of the circumstances
As a purchaser and receiver of the gift of a The Spirits of Goodradigbee Club you agree wholly to the below Terms & Conditions.
- Gift Memberships can be purchased and redeemed at www.tspirits.goodradigbee.com/giftcard
- Both the gift giver and receiver must be 18 years of age or over.
- Payment can be made by Credit/Debit Card only.
- The following Gift Memberships can be selected from: One Month for $160, Three Months for $480, Six Months for $960. Alternatively, a custom amount can be entered.
- When the Membership is activated, this amount will be added to the receivers account as store credit.
- The actual price of the Spirit of the Month is fixed subject to the term of the member’s nominated subscription.
- Once a Payment Method has been added to the account, the Membership will continue, and will be charged monthly for the Whisky of the Month unless the Member Opts Out for any month, or the Membership is cancelled. Membership can be cancelled at any time.
- Gift receivers enjoy all the benefits of Club Membership, including a Member Card for discounts at the Clubhouse network, special Member pricing for events and entry into competitions.