By placing an order with Kegs Off Tap, The Customer acknowledges agreement to the terms and conditions stated below and acknowledges having read and understood the important warnings. The customer further agrees that the laws of Queensland, Australia shall apply to the purchase or any dispute arising there-from.
In this agreement:
- ‘Amount’ means the amount shown on the invoice;
- ‘Customer’ means, but is not limited to, the person or organisation that has signed or otherwise accepted this agreement or made payment for the goods or services detailed on the quotation or invoice as the case may be;
- ‘Email’ means email sent to email@example.com;
- ‘Goods’ means, but is not limited to, the Items detailed on the invoice provided.
- ‘GST’ has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
- ‘Kegs Off Tap’ means Kegs Off Tap ABN 52 650 777 138 and its substitutes, successors and permitted assigns;
- ‘Licensed premises’ means premises with which Kegs Off Tap is affiliated and which are appropriately licensed to sell and supply liquor for consumption off the licensed premises;
- ‘Licensee’ means the licensee of the licensed premises;
- ‘Pick Up’ means customer collection from the Licensed premise or other location;
- ‘The Act’ means the Liquor Act 1992, the Liquor Regulation 2002(Qld) and/or any statutory instrument enacted to substantially replace either of these.
- 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.
- Kegs Off Tap accepts orders that may be fulfilled by Kegs Off Tap or affiliated Licensed premises.
- Kegs Off Tap does not take or receive an order for liquor as contemplated in Section 172(1) of the Act;
- Kegs Off Tap does not invite an offer to purchase liquor by way of an order taken or received elsewhere than at the licensed premises on or from which the liquor could be sold under authority of a licence in response to the order in compliance with the requirements of Section 172(3) of the Act;
- Liquor is only sold and supplied on or from premises to which the suitable licence relates in compliance with Section 170 of the Act.
- Liquor may only be sold and supplied otherwise in strict compliance with the requirements of the relevant liquor licence and the Act.
- The parties acknowledge that any liquor products supplied to The Customer are situated at the licensed premises at the time the liquor is appropriated to the contract of sale as required by Sections 8 and 170 of the Act.
- The parties acknowledge that the availability of liquor products is at the discretion of the Licensee and that not all products represented on Kegs Off Tap’s website, or in other materials, will be available, or will be available within any particular time frame.
- The Customer acknowledges they are of legal drinking age, 18 years, and that they intend to make responsible use of the Goods.
- Any representation, price, image, description or other content relating to liquor or the availability of liquor contained in Kegs Off Tap’s website or other material is for information purposes only. Although Kegs Off Tap makes every effort to ensure the accuracy of the information, no warranty of the correctness of the information is offered, and the information may change from time to time without notice.
Responsible Service of Alcohol:
- The parties acknowledge that Kegs Off Tap only supplies liquor in accordance with responsible service of alcohol principles. This may mean that if a person to whom liquor is being delivered appears to be under the age of 25 and are unable to present valid photo identification, the delivery may be refused. Moreover, if any person to whom liquor is being delivered shows signs of intoxication the delivery may be refused. Liquor will not be left unattended for any reason at any time. Delivery of liquor may be refused for other reasons at the deliverer’s sole discretion, including because of concern for a person’s welfare and the commitment to the responsible use of liquor in the community.
Payment for goods and services
- Prices are in Australian Dollars. All prices are subject to change without notice. If there is a pricing error to protect us from loss or selling below cost we reserve the right to cancel the order or contact you and offer you the product at the correct or different price. Please contact us if you see a pricing error on our website. We reserve the right to cancel any order for any reason.
- The Customer agrees to pay Kegs Off Tap the Amount due together with any applicable GST either prior to or at the time Kegs Off Tap dispatches and delivers the goods to the Customer. The Customer authorises Kegs Off Tap to complete any documents or processes necessary or desirable to enable the Kegs Off Tap to make or receive any payments through any credit card system. If a due date for payment that is earlier than the delivery date is specified on the invoice Kegs Off Tap must receive payment for the Amount detailed on the invoice provided on or before that due date.
- All purchases paid by credit/debit card and the purchaser confirms they are either the card holder or have the express permission of the card holder to use the card for the purchase. We reserve the right to cancel any order if we believe an order to be fraudulent or suspicious.
- We do our best to represent products correctly and accurately. However, all specifications referenced are based on each manufacturer’s representations and Kegs Off Tap is not responsible for their accuracy or completeness (including variations to the specified product dimensions). Whereby an indicative keg capacity is provided, it may have been calculated based upon the utilisation of keg suspension wedges. All specifications are subject to change without notice. Pictures of products and Kegs Off Tap are for reference only and may not be the exact picture or Branding of the current model or your purchase and specification of items may vary without notice.
- The Goods will be scheduled for delivery only once the Amount has been paid in full and received by Kegs Off Tap.
- Warehouse-direct deliveries will occur from the warehouse with stock available nearest to the Customer’s delivery address.
- Specialist delivery and installation are available only within south-east Queensland by appointment, limited by availability. The specialist installation is limited to the assembly of the draught beer reticulation system as a standalone unit ready for use. It should be noted that our staff are not qualified builders or tradespersons.
- Kegs are available for delivery only within south-east Queensland and Melbourne. Keg orders must be received and paid in full by 11:59pm on Tuesday for the same-week delivery; or, by 11:59pm the weekday prior for next-day delivery of express kegs.
- Kegs are available for collection direct from the warehouse in both Melbourne (Queen Victoria Markets, Melbourne, 3000) and Brisbane (Black Street, Milton, 4064). Collection instructions will be sent through once full payment has been received.
- It is the Customer’s responsibility to facilitate safe access to the delivery location and to organise parking (and cover costs of such parking) for Kegs Off Tap, freight forwarder and / or their delivery vehicle/s.
- Whereby a tailgate service has not been requested and paid for, the customer is solely responsible for the unloading of the equipment from the delivery vehicle and liable for any damage to the product or transport vehicle.
- If we advise you of the delivery time this will only ever be an estimation. Due to reasons such as road traffic, border delays, lost cartons or for any other reason it is impossible to give exact delivery times. Most orders placed will be dispatched within 2-5 business days.
- Where an order is returned to us as unclaimed, refused or insufficiently addressed, we will contact you by email for further instructions. Please note that additional delivery charges will apply to have these orders resent.
- The Goods may be dispatched in multiple-carton consignments that will often be delivered separately.
- Delivery to the carrier constitutes delivery to the customer. Any visible damage from transit should be reported to the carrier when the package is received – if the damage is severe the package should not be signed for.
- If your order is damaged, defective or incorrect when it arrives it is extremely important that you notify Kegs Off Tap via Email of the damaged, defective or incorrect Goods within the first 7 days. If the Goods are not reported to us as being damaged, defective or incorrect within the first 7 days, the claim may be denied.
- You are responsible for carefully inspecting the Goods at the time of delivery. If any damage to the Goods is observed during this inspection, it is your responsibility not to accept or sign for the goods. By declining acceptance and notifying us immediately of the observed damage, we will take the necessary steps to address the issue promptly.
- On rare occasions, we reserve the right to adjust delivery costs. You will be contacted and asked to accept these charges before your order is dispatched.
- Freight Insurance is not included in the standard delivery. The Customer is responsible to request a quote and pay the additional costs if freight insurance is required. Kegs Off Tap is not responsible or liable for goods or orders lost or damaged in transit.
- The customer agrees to be available at the nominated delivery address on the date of delivery. Please note that a re-delivery fee, at the discretion of Kegs Off Tap, will apply whereby the customer was not available to receive the delivery.
- If unattended delivery is authorised, The Customer agrees to be responsible and liable for the order (products) from the moment that it was left.
- Our couriers may not leave your order unattended in the following circumstances: There is no clear delivery instruction authorising them to leave the order in a safe place. Somebody is home but they cannot provide proof of age The driver is concerned that minors are present in the vicinity of your premises. If the advised location is not deemed safe.
- Our carriers reserve the right to leave a card (instead of your order) even if you request an unattended delivery. Please note a re-delivery fee applies at the discretion of Kegs Off Tap.
- The Customer accepts responsibility for the use of the CO2 gas system in accordance with Australian standards, including but not limited to, the regulation of gas pressure to the keg. The Customer accepts responsibility to ensure a gas pressure test has been conducted and the gas reticulation system is sound to prevent leakage. It is advisable gas bottle should be turned off when the keg system is not in use. Kegs Off Tap will not be liable for any losses or damages caused by the CO2 gas system or its pressure regulation.
- Kegs remain property of the brewery and must be returned within 120 days. Kegs Off Tap may collect these kegs at no additional charge with your next order. Otherwise, a service fee may be charged for the collection of the kegs.
- The minimum setback requirements should be observed to ensure adequate ventilation for all keg fridges. That is equivalent to 100mm on all sides for the Series 4, Series X and Series X Plus models. Whilst the setback requirements for our commercial-grade units will vary, a minimum setback of 100mm on all sides of the compressor should be observed.
- The customer acknowledges and agrees that it is their sole responsibility to ensure that the product is fit for their intended purpose. Our company makes no representations or warranties regarding the suitability or fitness of the product for any specific purpose or use. The customer is advised to carefully assess their needs and requirements and seek appropriate professional advice, if necessary, to determine whether the product meets their specific needs. Our company shall not be held liable for any damages, losses, or inconveniences arising from the customer’s failure to adequately assess the product’s suitability for their intended purpose.
- We may cancel any contract at any time prior to the delivery of the Goods with no liability other than to repay any Amount (less transaction fees) paid in advance of the cancellation. We also reserve the right to cancel the contract if payment of deposit and residual Amount is not received within the prescribed times as set out herein.
We may cancel your order before completion of delivery in whole or in part. In the case of Pick Up 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 include though are not limited to:
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 Kegs Off Tap
if your order is in breach of any other terms, or contrary to any person’s rights or the law.
- 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 our team via Email.
- The acceptance of any cancellation request is at the discretion of Kegs Off Tap to approve it. If we agree to cancel your order after it has been placed, we may do so subject to you providing proof of purchase and payment, 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, including the costs of freight.
- If your order has already been processed or 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.
- Kegs Off Tap reserve the rights to accept the request at its sole discretion. Restocking fee applies.
- Please contact Customer Service for a Return Products Authorization (RPA) number before returning any merchandise for any reason. Kegs Off Tap is not responsible for any merchandise returned without an RPA number.
- Returned merchandise will be inspected and may be subject to a restocking fee. Kegs Off Tap reserves the right to accept the product returned:
A- The product must be returned in a new, re-saleable condition and must not be used or abused;
B- The customer must pay the cost of the postage back to us;
C- The customer accepts that the original cost of postage has been spent and is non-refundable as it is not recoverable;
D- Returns cannot be accepted for consumables due to their inherent perishable nature. This includes, but is not limited to, kegs that cannot be resold upon being returned.
- Absolutely no returns on web products, unless the item was received in a damaged condition and an RPA number is requested within 3 days of receipt of the shipment. On all other returns, an RPA must be requested within 15 days of the invoice date.
- An adult signature is required on deliveries. Due to liability reasons, Kegs Off Tap can only accept orders from adults.
- Refunds or replacements will only be issued once goods have been returned and received by our warehouse and assessed to be non-repairable at Kegs Off Tap’s discretion. A restocking fee applies.
- Please note, if you persist and use a perishable or item after the defect becomes apparent, you waive your rights under these terms and conditions and accept the items as they are. We cannot return for either refund or replacement of such items, including but not limited to hardware and consumables, such as kegs.
- The standard warranty period is a default twelve (12) months (manufacturer’s warranty) unless otherwise specifically listed in the item description, or it’s a perishable product (beverages). This is offered by Kegs Off Tap as a retailer and is not a guarantee under Australian Consumer Law (“ACL”). The normal and standard guarantees exist under Australian law as they exist under the ACL and common law and Kegs Off Tap have no intention of excluding them.
- No delay by Kegs Off Tap in exercising any right or power under this agreement will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
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 websites 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 reasonable amount or restocking fee we may deduct, for example under the “Cancellation” section 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.
- This agreement will be governed by the laws of Queensland, Australia.
- If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force.