Terms and Conditions

This page (together with the documents and external resources referred to on it) tells the customer the terms and conditions on which we supply our goods and services (“Products”) listed on our website www.dramaticdrams.com (“Site”). Please read these terms and conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Refer to this page or print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.

 
1. About the Company

Dramatic Drams (www.dramaticdrams.com) is a Site operated by Dramatic Drams Whisky Company (“us”, “our” or “we”).  We are registered in Australia under ABN 313 238 049 43 and with our registered office at 186 Molesworth Road, Malbina, Tasmania, Australia 7140. Dramatic Drams Whisky Company or Dramatic Drams Whisky Co. is a registered business name in Australia and our property.

2. Age Restriction

No Products are offered for sale at this Site to any person who is below the age of 18. While we understand that the legal drinking age in some countries is below the age of 18, to fully comply with all Australian laws and as our primary market is Australia, we do not supply to anyone under the age of 18. We apologise for any inconvenience.

By placing an order through our Site you warrant that you are over the age of 18 and legally permitted to purchase and consume alcohol. If you are buying Products as a gift, both you and the recipient must also be over the age of 18. This is the responsibility of the purchaser, and by confirming your purchase you are accepting this responsibility. This advice will be displayed at the time of purchase.

3. Contract for Sale

After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product can in fact be supplied. This is necessary to ensure availability of Products. The contract between us (the “Contract”) will only be formed when we confirm the order can be honoured. Prior to such time there is no legal agreement in place.

4. Consumer Rights

If you are contracting as a consumer, you may cancel a Contract at any time within 7 business days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in Clause 6 below).

To cancel a Contract, you must inform us in writing. If applicable, you must also return the Product(s) to us immediately, in the same condition and packaging in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation or refuse to refund the purchase price.

 

5. Payment and Order Process

All orders are subject to availability.

You can pay for Products purchased from the Site by using any of the following cards: Visa, Mastercard, Paypal, Maestro/Switch and by bank transfer. We do not accept payment by cash or cheque. You must give us authority for payment at the time of order, regardless of confirmation that the Products are available. If your order cannot be accommodated, you will not be charged/refunded.

Although we have taken all reasonable precautions to ensure our Site is secure, and we believe it is secure, we do not provide any undertaking nor do we accept any liability should there be a breach or failure of security. In such an event you should contact your financial institution.

All card holders are subject to validation checks and authorisation by the card issuer. We will not deliver any Products prior to these checks and authorisations being completed. If your card issuer refuses to authorise payment to us, we cannot accept your order, and will not be liable for any delay or non-delivery.

There are several mandatory fields that you must complete to enable us to process your order and allow us to contact you should we need to discuss your order. Please complete all fields carefully and accurately. Failure to do so may result in your order being unsuccessful or delayed.

The main characteristics of the goods sold through this Site are set out on the pages picturing them. Every effort has been made to accurately display the goods. However, because characteristics such as colour may not translate exactly from the Product to the image and from the image to your monitor so we cannot guarantee that the Product will be exactly as pictured.

You are responsible for paying any import or similar duties which may be levied on the export or import of the goods ordered by you. We only ship within Australia but, if you remove Product(s) from Australia, you will be responsible for the duty that is applied.

6. Returns, Refunds & Replacements

If you wish to cancel orders or return Products, whether not as described or for other reasons, please contact us on either will@dramaticdrams.com or alex@dramaticdrams.com.

Any returned Products must be returned to us in the same condition as when dispatched with all packaging intact. All refunds and reimbursements will be arranged within 15 business days of our acceptance to do so and after the safe receipt of the returned goods. Any Product returned must be within its original packaging, contain the relevant paperwork and be adequately packed to avoid any possible damage. The cost and risk of returning the Product is the responsibility of the customer and a proof of delivery service must be used.

We will provide a refund or provide a replacement for any Products received damaged or faulty provided we are notified within 3 business days of receipt of the Product. Upon receipt of your order, the order should be carefully inspected to make sure that it is intact and in full.

The courier/delivery service must be informed of breakages or shortages at the time of delivery. We may not (at our sole discretion) accept any claims for breakages or shortages unless they are outlined in official documentation. We must have confirmation of these breakages or shortages within 3 business days of delivery. Photographic evidence may be required by our carrier company if an item has been damaged during transit.

There will be no refunds for services rendered, despite slight variation to services as described or the level of satisfaction with the service. Refunds will only be provided for orders for service provided we are notified in writing no less than 48 hours prior to the date the service is to be rendered.

7. Prices, Availability and Promotions

Please note we have endeavoured to ensure the accuracy of all information on our Site. The prices payable for the Products that you order are clearly set out on our Site. All prices are quoted inclusive of GST unless otherwise stated. The price of the Products includes the delivery charge unless otherwise stated.

Prices, promotions and specifications can change without notice and all Products are subject to availability. If for any reason beyond our control we are unable to supply a particular Product we will notify you as soon as possible.

8. Our Liability

We warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied. 

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

This does not include or limit in any way our liability in any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability in accordance with all application Australian legislation and consumer protections.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage (including, but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings and/or loss of data).

If you have any concerns about the Products, please contact us prior to purchasing and we can provide greater detail or direct you to where that information is available.

 
9. Data Protection

The Site and the Company conform to the Australian Privacy Act 1988. Any information you provide is treated in strict confidence and is stored in a secure location. We will never disclose your personal information to any other parties without your consent except to verify your identification as above and to deliver Products to you. All payment and credit card information is processed directly via the secure payment gateway PayPal and not entered on our system. You have every right to know what information has been held in our system.

We have a separate privacy policy, which relates to our use of your personal information, see Clause 16 below. Please familiarise yourself with this policy as a breach of Clause 16 constitutes a breach of these terms and conditions of which they form part.

10. Contact Us

If you would like to contact us regarding Product availability or information please don’t hesitate to e-mail us directly at will@dramaticdrams.com or alex@dramaticdrams.com. Once a communication is received by us you should receive a response within 1 business day. If sending any queries regarding an existing order, please provide us with your name, address, order number and as much information as possible to allow us to deal with your enquiry as quickly as possible.

11. Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or any of these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

12. Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

13. Entire Agreement

These terms and conditions and any document expressly referred to in them constitute the entire agreement between us relating to the subject matter of any Contract and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions. Each of us agrees that the only rights and remedies available to us arising out of or in connection with such a representation shall be for breach of Contract as provided in these terms and conditions.

Nothing in this clause shall limit or exclude any liability for fraud.

 

14. Right of Variation

We have the right to revise and amend these terms and conditions from time to time to reflect, amongst other things, changes in market conditions affecting our business, changes in technology, changes in Product availability, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. 

You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you confirmation of an order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 business days of receipt by you of the Products).

 

15. Governing Law

Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of Australia and, where applicable, the laws of Tasmania.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Tasmania.

 

16. Privacy policy

Dramatic Drams is committed to responsible data management and subscribe to the principals of the data protection legislation in Australia. We follow strict security procedures in the storage and disclosure of information. If you have any questions about our privacy policy or if you’d like to raise any issues relating to it, please contact us.

We do not disclose buyers’ information to third parties other than when order details are processed as part of the order dispatch system. In this case, the third party will not disclose any of the details to any other third party. When you order from us, we require your name, address, delivery details and email address (allows us to fulfil your order and to keep you updated about its status). We will also ask you for your telephone number, so we can contact you if there is an urgent problem with your order.  All payment and credit card information is processed directly via the secure payment gateway PayPal and not entered on our system.

We use a technology called “cookies” as part of our normal business procedure to track patterns of behaviour of visitors to the Site.  A cookie is an element of data that the Site sends to your browser that is then stored on your system.  You can set your browser to prevent this happening.  Any information collected in this way can be used to identify you unless you change your browser settings.