Volando’s Liquor Licence number: 205814
Volando’s Licence type: Commercial Other- Producer/Wholesaler
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- About the Website
- Welcome to https://www.volandotequila.com.au (the Website). The Website is owned and operated by Volando Group Pty Ltd (ACN 630 410 794).
- The Website is intended for your use only if you are of legal age to purchase alcohol in your country of residence and/or in the country from which you are accessing the Website. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or country of access and you should leave the Website immediately.
- The Website provides you with an opportunity to:
- browse and purchase our products; and/or
- browse and purchase our services; and/or
- browse and view material or information where there is no paid supply or offer for purchase (our Services).
- Please read the terms and conditions carefully as they govern your access to our Website (the Terms). By using our Website, you agree that you are bound by the Terms. If you do not agree with these Terms, you must not use our Website, or purchase any of our products or services.
- These Terms may be updated by us at any time and by continuing to use the Website, you accept these Terms as they apply from time to time. When Volando updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
- Volando/we/us/our means Volando Group Pty Ltd (ACN 630 410 794)
- You/your means any person who accesses our Website or contacts us in person, by email or phone with regard to the products and services provided by us.
- Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Volando in the user interface.
- Registration and Subscription to use the Services
- In order to access our Services, you must first register for an account through the Website (the Account). You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the website.
- In select cases, to access our Services, you must first purchase a subscription through the Website (the Subscription) and pay the applicable fee for the selected Subscription level (the Subscription Fee).
- After you have purchased the Subscription, if you have not already done so, you will then be required to register for an Account through the Website before you can access the Services ‘. When purchasing the Subscription, you agree that it is your sole responsibility to ensure that the Subscription you elect to purchase is suitable for your use or purpose.
- As part of the registration process, to access and use our Services, you may be required to provide personal information about yourself (for example, identification or contact details), including:
- Email address
- Preferred username
- Mailing address
- Telephone number
- Password
- Physical and/or Billing Address;
- Credit Card Details; and
- Other information as required.
(‘Registration Information’)
- You warrant that any Registration Information you provide to Volando in the course of completing the registration process will be accurate, correct and up to date.
- You are solely responsible for the accuracy of the Registration Information that you submit in relation to the Registration Information.
- If we detect suspicious or incomplete Registration Information, we reserve the right to suspend or cancel your Account.
- Once you have completed the registration process, you will be a registered member of the Website (Member) and you are taken to have accepted and are bound by these Terms. As a Member, you will be granted access to our Services. In the case of Subscription Services, this access will be limited to the applicable subscription period for the level of Subscription to which you are subscribed (the Subscription Period).
- You may not use our Services or accept the Terms if:
- you are not of legal age to form a binding contract with Volando; or
- you are not of legal age to purchase alcohol in your country of residence or in the country from which you are accessing the website; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- Your obligations as a Member
- As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your Registration Information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Volando of any unauthorised use of your password and/or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of accessing our Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Volando;
- you will not use the Services or Website for any illegal, offensive or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Volando for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- you will use the Services only for purposes that are permitted by:
- As a Member, you agree to comply with the following:
- Payment
- In using the Services to obtain a supply of products or services through the Website including for a Subscription, you agree to the payment of the purchase price listed on the Website for the supply (the Purchase Price).
- Payment of the Purchase Price may be made through the payment gateway made available to you on the Website, for example, Stripe or PayPal or other available payment processors (the Payment Gateway Provider). Electronic Funds Transfer (EFT) and other payment methods may also be available upon request in the sole discretion of Volando.
- In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
- Following confirmation of your payment of the Purchase Price, you will be issued with a receipt to confirm that payment has been received and you authorise Volando to record your purchase details for future use.
- You acknowledge and agree that where a request for a payment due is returned or rejected, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs or surcharges, including banking fees and charges, associated with the Services or Subscription.
- Any prices displayed on our Website including Subscription Fees are subject to change without notice.
- You agree and acknowledge that Volando can vary the Purchase Price or Subscription Fee at any time. For Subscriptions, the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
- Warranty
- The supply of Volando’s products through the Website (the Products) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the Warranty).
- You can make a claim under this clause (the Warranty
Claim) for material defects and workmanship in the Products within the specified warranty period supplied with the product or listed on the product page from the date of purchase (the Warranty Period). - In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Volando showing the date of purchase of the Products, provide a description of the Products and the alleged defect and the price paid for the Products by sending written notice to Volando at 12 Norval Court, Maroochydore, Queensland, 4558 or by email at [email protected].
- Where the Warranty Claim is accepted then Volando will, at its sole discretion, replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for goods or services. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
- Delivery of Products
- You acknowledge that the Services offered by Volando integrate delivery of products (the Delivery Services) through the use of third-party delivery companies (the Delivery Service Providers).
- In providing the Services, Volando may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Volando is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
- In the event that an item is lost or damaged in the course of the Delivery Services, Volando asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- contact us by sending an email to [email protected]
outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Services.
- Should you input an incorrect shipping address on your order, you must immediately contact us at [email protected] to update your shipping address details.
- If the order has already been processed or shipped by the time we receive your email, it is your responsibility to locate the parcel and to pay any shipping and handling costs to have it re-delivered to you. Volando is not liable if the parcel cannot be located.
- If the parcel is returned to Volando and you would like to cancel your order, thus seeking a refund, Volando agrees to refund you the total amount paid by you, less shipping and handling fees.
- Orders
- Volando reserves the right to accept or reject an order for any reason including without limitation.
- Once orders are placed, an order confirmation email will be sent to you. Once the order is processed, a processed confirmation email will be sent to you. Once the order is dispatched, a dispatch and tracking email will be sent to you.
- Product Availability
- Volando uses its best endeavours to ensure products ordered are available for delivery and in most cases will notify you where a product is unavailable prior to you completing your order. However, you acknowledge that in some cases this is not possible and Volando may need to reject an order you have placed for a product where Volando establishes that it is actually unavailable for delivery. In such cases Volando will refund in full all amounts you paid in respect of such unavailable product.
- Shipping Policy
- With a commitment to deliver our products timely & economically, Volando utilises the services of leading courier companies.
- Australia Wide
- FREE regular postage within Australia for orders totalling $99 or more
- $9.95 Australia wide flat rate for orders under $99
- Volando will endeavour to have orders dispatched within 24hours, or next business day, except for backorder/pre-order.
- Deliveries cannot be made to PO boxes or anywhere outside of Australia.
- Volando offers the opportunity to provide delivery instructions to have goods left at point of delivery. All efforts will be made to ensure these instructions are followed but the customer takes on this option at their own risk.
- Goods will NOT be delivered to persons under the age of 18 years. Volando may request that the person who receives the goods provide satisfactory evidence of proof of age.
- Tracking
- A tracking number will be provided by email once orders are dispatched.
- Orders can be tracked via the Delivery Service Provider’s website.
- Returns and Refund Policy
- Volando will only provide you with a refund of the Purchase Price or Subscription Fee in the event Volando is unable to continue to provide the Services or the Subscription or if the manager of Volando makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
- For Subscription Fees, the refund will be in the proportional amount of the Subscription Fee that remains unused by Member.
- Volando may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
- We accept that on some rare occasions, a bottle may have a faulty seal or become damaged in transit, and will offer a refund or exchange on faulty or damaged products purchased at Volando if reported within 12 hours of delivery.
- If you receive a product that is damaged or faulty, please send us a photo of the damaged/faulty product to [email protected] and we will offer a credit note or exchange. The delivery fee is non-refundable.
- We recommend returning items through traceable mail, as any returned items that are not received by Volando will not be issued a credit note or exchange.
- Please allow 5 business days for a refund to be processed from the date that the returned item is received by Volando. You will be informed via the email address that is listed on your Account once this transaction has been processed. Refunds will be issued to the credit card or PayPal account that the payment had originally come from. To advise of alternative refund details please email [email protected] at the time of returning goods.
- Volando reserves the right to assess the condition and age of returned goods prior to offering an exchange or refund. This may result in a repair, exchange or refund being refused.
- Copyright and Intellectual Property
- The Website, the Services and all of the related products and services of Volando are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties.
- Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, interactive features and software) (the ‘Content’) or the Services are owned or controlled for these purposes, and are reserved by Volando or its contributors.
- All trade marks, patent designs, service marks and trade names are owned, registered, unregistered and/or licensed by Volando, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Volando does not grant you any other rights whatsoever in relation to the Website or the supply of products and services by Volando. All other rights are expressly reserved by Volando.
- Volando retains all rights, title and interest in and to the Website and all related content or Services.
- You may not, without the prior written permission of Volando and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content, Services, third party content, or third party Services for any purpose, unless otherwise provided by these Terms.
- As a Member, you agree that you will use the Content and our Services only for purposes that are permitted by these Terms and in accordance with any applicable law, regulations or generally accepted practices or guidelines in the relevant jurisdictions.
- Privacy
- Volando takes your privacy seriously and any information provided through your use of the Website, Content and/or the Services are subject to Volando’s Privacy Policy, which is available on the Website.
- General Disclaimer
- These Terms apply to every transaction for the supply of Services.
- Volando will make every effort to ensure the supply of any products is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
- No other terms or conditions shall apply other than these Terms.
- Use of the Website, Content and the Services, and any of the products or services of Volando (including the Delivery Services), is at your own risk. Everything on the Website, the Services, and the products and services of Volando, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Volando (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about the Content or any products or services of Volando referred to on the Website.
- Linked Content
- You acknowledge and agree that we have no responsibility for the content (‘Linked Content‘) to which you or we may link from the website, or otherwise display on the website via an application programming interface or other method. The display of Linked Content or the provision of links to interfacing sites does not constitute an endorsement by or association with us of such Linked Content, interfacing sites, or products, advertising, or other materials presented on such sites.
- You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such tnterfacing sites, or for any action taken by interfacing sites.
- Limitation of Liability
- For the purpose of the clause, Claim means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
- Volando expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties.
- Where any statutory warranities may not be excluded, Volando’s liability is limited to an amount equal to the cost of replacement of the Services or Product.
- You expressly understand and agree that Volando, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
- Volando is not responsible or liable in any way, for any Content on the Website (including Third Party content) posted on the Website or in connection with the Services, whether posted or caused by users of the Website of Volando, by third parties or through the offer of Services by Volando.
- You acknowledge that Volando does not provide the Delivery Services to you and you agree that Volando will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
- Termination of Contract
- The Terms will continue to apply until terminated by either you or by Volando as set out below.
- If you want to terminate the Terms, you may do so by:
- not renewing a Subscription prior to the end of the Subscription Period;
- providing Volando with 30 days’ notice of your intention to terminate the Subscription;
- For Services, providing notice in writing to Volando at any time on [email protected];
- closing your accounts for any Services which you use, where Volando has made this option available to you.
- Volando may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- Volando is required to do so by law; and
- the partner with whom Volando offered the Services to you has terminated its relationship with Volando or ceased to offer the Services to you.
- Subject to local applicable laws, Volando reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, or Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Volando’s name or reputation or violates the rights of those of another party.
- Indemnity
- You agree to indemnify Volando, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
- You agree to indemnify Volando, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- Dispute Resolution
- Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). - Notice:
A party to the Terms claiming a dispute
(Dispute), must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. - Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Maroochydore, Australia.
- Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. - Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Compulsory:
- Governing Law
- You agree that the laws of Queensland apply to a Contract regardless of your business, residential location, the location nominated for delivery of any Goods, the address for supply of Services or any other factor.
- Miscellaneous
- The availability of profiles, special editions, merchandise, tickets and competitions shown or referred to on this web site is subject to change, delay or cancellation due to out of stock issues, blend changes and freight delays.
- Competitions may be subject to individual terms and conditions available at the time of entry. Employees of Volando Group Pty Ltd, including immediate families, cannot enter any competitions promoted on the Volando website.
- Severance
- So far as possible a Contract will be construed so as not to be invalid, illegal or unenforceable but if any provision on a proper construction is illegal, invalid or unenforceable:
- that provision will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable and in such manner as may be reasonable in all the circumstances so as to give it a valid operation of a partial character; or
- if the provision or part of it cannot be read down in a manner that will give it a valid operation, then the provision or relevant part will be deemed to be void and severable and the remaining provisions of this document will not in any way be affected or impaired.
- So far as possible a Contract will be construed so as not to be invalid, illegal or unenforceable but if any provision on a proper construction is illegal, invalid or unenforceable:
Last Updated: 29/07/2019
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