Terms and Conditions
These Terms and Conditions apply to the use of this Website and our Service. In using them, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using this Website or Service.
In these Terms and Conditions:
1.1 “Service” means the service promoted, made available and provided through our Website, our mobile applications, and unless the context requires otherwise includes any related goods and services and includes a reference to the Website;
1.2 "We", "us" and "our" are references to Hairy Dog Liquor Pty Ltd ATF Hairydog Unit Trust ABN 30 603 364 974;
1.3 “Website” means the website at www.hairydog.com.au and related web and mobile applications; and
1.4 “You” and “your” are references to you as a user of the Service and/or Website.
2. Age / legal capacity
2.1 We support the Responsible Service of Alcohol (RSA). It is against the law to supply or supply alcohol to, or obtain alcohol on behalf of a person under 18 years of age. You affirm that if purchasing goods using our Service that you are over 18 years of age. You agree that you are entering into a legal contract with us.
2.2 Without limiting clause
2.1, you agree and acknowledge that in the event we suffer loss or damage as a result of a minor purporting to enter into a transaction with us, that we reserve the right to take legal action and seek recompense from you if you are the parent or guardian of that minor.
3. Registration and personal information
3.2 You are solely responsible for any activity occurring on your account. You must maintain the security of your account details including passwords. If you suspect unauthorised use of your account or that your password is no longer secure, you must notify us immediately.
3.3 You may not use another member or user’s account without their permission.
4. Goods listed
4.1 We endeavour to represent goods for sale as accurately as possible on the Website, however due to technical limitations of photography and visual representation, we cannot guarantee that goods listed for sale appearing at the Website will always look exactly the same when received.
4.2 While we make every effort to supply correct and accurate information about goods listed for sale on the Website, where an error appears in the description of goods for sale (including, a pricing error) and on the basis of the representation you have made a purchase that you would not have made had the error not appeared, we will provide a refund where required at law or otherwise where in our discretion we determine to do so. In addition, where a pricing error occurs we reserve the right to refund your money instead of fulfilling the order.
5. Purchasing Procedure
5.1 The promotion and listing of goods on the Website does not constitute an offer to sell or guarantee the availability of goods. It is an invitation to treat only and we reserve the right to accept or reject your purchase request. Orders placed by you via the Service are offers to purchase goods at the prices listed and pursuant to these terms and conditions.
5.2 You agree and acknowledge that we may impose limits on the number and type of goods that you purchase from us, either to comply with regulatory requirements or for other reasons.
5.3 Payment must be effected in the manner described on the Website and must be received in full prior to dispatch of goods by us.
5.4 Prices will be in Australian dollars. Prices include GST where applicable. Prices are current at time of display but are subject to change.
5.5 When you give us your credit or debit card details you are confirming that you are either the card holder, or that you have permission from the card holder to use the card for the purpose of ordering goods from us.
5.6 We may cancel an order before delivery in whole or in part, even if we have received payment from you or sent a tax invoice. The reasons for such cancellation may include unavailability of any goods, an error in the description of any goods (including price) on our Website, a reasonable belief that your order is not for personal consumption, your order being breach of these terms or otherwise contrary to law, or where cancellation is otherwise permitted under these terms or at law. If we have received money from you in relation to that cancelled order or portion we will refund the corresponding amount(s). We will cancel by giving you such notice of cancellation as is reasonably practical in the circumstances. You acknowledge that despite our reasonable precautions, goods may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
5.7 You are not entitled to cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. Our customer service team may at its discretion consider requests for cancellation. If we agree to you changing your order or cancelling it after it has been placed, we may do so subject to provision of proof of purchase, and to you agreeing to pay us a reasonable cancellation fee.
5.8 Once your order has been accepted, you will receive an order confirmation via email. Please check this confirmation.
5.9 If paying with a credit card, there may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions.
5.10 You must not resell any goods purchased from us to any third party. We are entitled to question the quantity of products you have ordered from us and can cancel your order if we believe in our reasonable opinion that you have purchased goods for resale purposes.
6.1 You agree that we may deliver goods to the address you specify for delivery in your order, or any other address we may subsequently agree to. The delivery address supplied by you must be in Australia. We are not permitted to ship goods internationally. You acknowledge that we will not deliver goods unless you provide all requested information in the delivery order.
6.2 You agree that we may regard as authorised to accept any delivery any person at the stated address and who takes receipt of your delivery. However, we may require you or the person at your address seeking to take delivery to provide verification of identity and or age. You agree we may refuse to deliver or allow a person to accept delivery of goods if, in our reasonable opinion or that of our delivery personnel, the recipient appears to be intoxicated or under the influence of any substance or acting on behalf of a person who is under age or under the influence of alcohol or drugs.
6.4 Delivery charges, where applicable, are dependent on what the items are and where the order is to be delivered, but will always be noted on our Website.
6.5 You agree that where a delivery is not able to be made to you by us, because, for example, you gave us the wrong address, or there are other circumstances beyond our reasonable control that mean delivery cannot be affected, that we are entitled to charge or deduct from any amount to refunded a portion to cover our reasonable costs associated with the failed delivery and the return of goods to our storage
6.6 We will use reasonable endeavours to deliver your goods within the timeframes noted on our site or otherwise agreed to between us. However you agree and acknowledge that on occasion for various reasons delivery may be delayed.
6.7 Due to laws in effect in South Australia, if you are a customer located in that State you (or the recipient of a delivery from us, if not you) may be required to sign a declaration confirming name and age above 18 years old. If our delivery personnel consider (in their discretion) that the recipient looks to be potentially under 25 years of age, they may require them to provide proof of ID (including photographic identification and date of birth) and the name and date of birth of the recipient will be recorded, with such information collected and recorded to be held for a minimum of 12 months.
7. Title to goods
7.1 You agree that transfer of risk and title to the goods you purchase from us shall take place when and where we dispatch those goods to you. If goods are returned in accordance with these terms and conditions, title to same will revert to us when the refund is granted.
8. Returns and Exchanges
8.1 Please choose carefully and check your order thoroughly before proceeding, as we are not obliged to provide refunds for “change of mind” reasons or reasons of consumer purchasing error.
8.2 We may in our discretion accept a return of any goods that are unopened, in as new and saleable condition and is current stock. Where we accept such returns, you will be responsible for the cost of postage or delivery to return the item in question. We will refund the amount paid by you for those services less an amount representing the costs incurred by us in processing the return and returning the relevant goods to our storage site.
8.3 We will comply with our obligations under the Australian Consumer Law in connection with any defective goods.
9. Your use of the Website
9.1 You are provided with access to and are authorised to use and download material contained on this Website only for your personal use. Without limiting the foregoing, you may not, without our written permission, on-sell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website without our prior written permission.
9.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
9.3 When you click on a website of or access details of goods, your browser may automatically direct you to a new browser window that is not hosted or controlled by us. We are not responsible for the functionality or safety of those sites.
9.4 You must not use this Website, in breach of any laws or regulations or to transmit unsolicited emails/spam or to defame, abuse, harass, threaten or otherwise harm any person.
10. Guarantees and Disclaimer
10.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.2 Subject to clause 10.1 to the extent permissible at law this Service and all content appearing on it and goods supplied through it are provided on an "as is" and "as available" basis, without warranties of any kind. You accept that is provided or relayed by us is general information and is not in the nature of advice and is not guaranteed to be error-free.
10.3 To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or Service, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Service. Without limiting the foregoing, to the extent permissible at law we exclude liability in respect of:(a) mistakes or inaccuracies on the Website; (b) any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers; (c) bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Website by a third party; or(d) any interruption or cessation of transmission from our Website.
10.4 To the extent permissible at law, any representation, condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Without limiting the foregoing, to the extent permissible at law we disclaim all warranties regarding title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.
10.5 To the extent permissible at law, in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity, or any physical injury) of any nature arising through or as a result of your use of the Website, Service or any goods purchased through it.
10.6 Our liability to you for loss or damage of any kind (whether in contract or otherwise) arising out of or agreement with you is reduced to the extent that you cause or contribute to the loss or damage.
10.7 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
11. Links and advertisements
11.1 This Website may contain links to other sites and platforms, including but not limited to those of manufacturers of goods ("linked sites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked sites.
11.2 Our links with linked sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked sites, or of any information, graphics, materials, goods or services referred to or contained on those linked sites, unless and to the extent stipulated to the contrary.
11.3 You may link to our Website with our written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
11.4 Responsibility for the content of advertisements appearing on this Website rests solely with the advertisers. The placement of an advertisement does not constitute a recommendation or endorsement by us of the advertiser’s goods and each advertiser is solely responsible for any representations made in connection with its advertisements.
12. Intellectual property rights
12.1 “Hairydog”, including any logo version of that trade mark, is our trade mark and may not be used by you without our prior written consent.
12.2 Copyright in this Website is owned by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised under such legislation, by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from the Website.
12.3 If you provide us with any material or content (which may include text, data, files, images, photographs and audiovisual material) ("User Content") for inclusion on the Website or through other platforms (e.g. social media) you grant us an irrevocable, royalty-free licence to use and reproduce that content on the Website or relevant platform. We shall not be obliged to use, display or retain any User Content so supplied.
12.4 We do not claim copyright or ownership of other intellectual property rights in respect of third party content (including trade marks and logos of third parties) appearing on the Website, which remain the proprietary rights of the respective third parties concerned.
13. User content
13.1 From time to time we may include functionality for users to upload User Content to or make comments or other postings on the Service. If you avail yourself of these facilities, you must not upload, post, transmit or otherwise make available on the Service any content that is defamatory, that promotes, encourages or provides information about unlawful conduct or activities, that infringes any third party's intellectual property rights or breaches confidentiality, that includes a photograph or other likeness, or personal information of another person without their consent, that contains pornography, nudity, sexual acts or references, that incites hatred or discrimination against any person or group of persons, that contains any unsolicited or unauthorised advertising or promotional material, that misrepresents your relationship with any person, that is misleading, false or deceptive (whether by representations or omissions) or contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure or that could damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Service.
13.2 We reserve the right to remove any User Content that you may post at any time without notice to you.
14.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Service, the Website or any breach of these Terms and Conditions.
15. Breach of Terms and Conditions / Termination of Access
15.1 Without limiting any other remedy available to us at law, if we reasonably consider that you have breached any of these Terms and Conditions, we may take such action as we deem appropriate to deal with the apprehended breach, including, but not limited to suspending your access to the Service, preventing computers using your IP Address from accessing the Website, and contacting your internet service provider to request that your access to the Website be blocked.
15.2 Without limiting the foregoing, you acknowledge that we may terminate the operation of, and hence your access to, this Service (whether temporarily or permanently) at any time by us without notice. Subject to fulfilment of paid for orders, we will not be liable to you for doing so.
15.3 Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.
16. Waiver, Severance and Assignment
16.1 Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.
16.2 If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions.
16.3 In the event that we merge, sell or otherwise change control of our business or company or this Service, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or User Content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under this Agreement.
17. Force majeure
17.1 We shall not be liable for any delay in performance of our obligations under this agreement if the delay is caused by circumstances beyond our reasonable control.
18. Governing Law
18.1 These Terms and Conditions are governed by the laws in force in Victoria, Australia.
19. Amendments to Terms and Conditions
19.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Service following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
20. Hairydog Direct
20.1 Cut-off times and dates, and area postcode restrictions may apply as per the standard Hairydog terms and conditions. Cut-off times may change during busy periods (see estimated delivery times at checkout). Personal use only. By signing up, you are agreeing to these terms and conditions.
Hairydog Direct is available to Australian addresses only. It gives subscribers free delivery for a whole year for standard delivery.
Subscribing To and Using Hairydog Direct
You need to be a registered Hairydog customer to subscribe to Hairydog Direct. You must be logged in to your account to use it. Hairydog Direct is valid for 12 months from the day you sign up (or, if renewing, from the day your subscription renewal begins). Your use of Hairydog Direct is subject to these terms and conditions. Your subscription is locked to Australia. You can’t use Hairydog Direct in another country with this subscription.
You can cancel Hairydog Direct within the first calendar month of ordering or, if renewing, one month from the day your subscription renewal begins by contacting our Customer Experience Team on firstname.lastname@example.org.
A full refund of your membership fee will be given if you have not made any eligible purchases using Hairydog Direct. Once an eligible purchase has been made your membership cannot be cancelled.
We try our hardest to meet all delivery times, but, very occasionally, there may be delays, especially during busy periods (e.g. sale) but also because of things like postal/carrier delays, traffic delays, logistics, bad weather or if our Delivery Partners are unable to access the delivery address). We won’t be held liable for any delays or failures to comply with our obligations if the delay or failure arises from any causes beyond our and our Delivery Partners’ reasonable control or during busy periods (e.g. sale, Black Friday weekend) where delivery times may be extended. This does not affect your statutory rights. We aim to keep you updated and you should be able to track your parcel’s progress. If you have any other issues, feel free to contact Customer Experience.
Personal Use Only
Hairydog Direct is strictly for personal use only and must not be used for business, re-sale or wholesale purposes. You can order as many times as you want but this is subject to a fair use policy – we need to make sure people are not taking advantage of this great proposition which may include making excessive use of, or placing unusual burdens on, the service (e.g. ordering and returning beyond what would reasonably be expected of someone using the service for personal use).
Termination and Suspension
We may terminate a Hairydog Direct subscription at any time and you will be given a prorated refund based on the number of full months left on your subscription.
A refund will not be given if we suspect or discover (in our sole discretion) that use of Hairydog Direct:
- has been in breach of these terms and conditions; and/or
- has been for business, re-sale or wholesale purposes, or for any purpose other than can be reasonably expected of someone using the service for personal use; and/or
- involves fraud or misuse or is otherwise detrimental to Hairydog’s interests.
If we suspect or discover such conduct, we may suspend or terminate a Hairydog Direct subscription, refuse or cancel order(s) or close or freeze the Hairydog customer account (and associated accounts) (even if we have previously confirmed an order). We’ll try to contact you if this happens, but if this happens to you and you think we’ve made a mistake, please get in touch with Customer Experience and they will be happy to speak to you about it. If we suspect or discover that a Hairydog Direct subscription has been used in breach of these terms and conditions, we have the right to recoup all our direct delivery costs and losses from the account holder.
Changes To Our Terms & Conditions
We reserve the right to accept or refuse membership and to change any terms and conditions at our discretion. We will tell you about any significant changes to these terms and conditions. All other Hairydog terms and conditions apply.