Policies

Legal Drinking Age: Cape Byron Distillery supports
the responsible service of alcohol and will never supply alcohol to
minors. You need to be over the Legal Drinking age to purchase from our
online store.

Registration: You will need to register to use our
online shopping facility. Once through the initial registration phase
you will be sent a link via email to activate your account. Please click
on this email link to ensure that your registration is confirmed, once
your account is activated you can log in and place orders online. If you
do not receive an email after trying to register, please phone us on 02
6684 7961 or email us info@capebyrondistillery.com

Payment Methods: We accept payment via Visa and
Mastercard. Card details are securely encrypted and forwarded to us.
Once the order is finalised the card will be processed. We delete card
details after your order has been finalised as an extra security
measure. If you do not have a credit card please contact us on 02 6684
7961 to arrange an alternate payment form.

Zip Pay: See information about Zip Pay here

Place of Applicable Law

Cape Byron Distillery is registered in Australia. Materials on this
site are directed solely at those who access it within Australia. Those
accessing this site from other locations are responsible for compliance
with local laws if applicable. You and we each submit to the exclusive
jurisdiction of the Australian courts in relation to disputes arising
out of this Agreement. If any provision of this Agreement shall be
unlawful, void for any reason unenforceable then that provision shall be
deemed severable and shall not affect the validity and enforceability
of the remaining provisions. Australian Law shall govern this Agreement.

Website Content

Reasonable care has been taken by Cape Byron Distillery in the
design, layout and content of this site. However, to the extent
permitted by applicable law, Cape Byron Distillery disclaims all
warranties, express or implied, as to the accuracy of the information
contained in any materials within this site.

Cape Byron Distillery shall not be liable to any person for any loss
or damage, which may arise from the use of any of the information
contained within this site.

Links within this site will lead to sites which are not under the
control of Cape Byron Distillery. When you activate these you will leave
the Cape Byron Distillery site, Cape Byron Distillery will not accept
any responsibility or liability for the material on any other site as
Cape Byron Distillery has no control over any other site.

We aim to provide the most accurate information on our website,
however in the case of typographical errors or information which is not
correct, Cape Byron Distillery reserves the right to correct the error
and any actions leading from it.

Limitation of Liability

You agree that Cape Byron Distillery shall not be liable either in
contract, tort, negligence, statutory duty or otherwise for any:

Loss of profits, goodwill, revenue or any type of consequential,
indirect or special loss or damage whatsoever arising from or in any way
connected with this Agreement

Direct damage or loss, including damage or loss which is reasonably
foreseeable or occurs naturally in the course of things, resulting in
any acts, omissions, failures or delays occurring to, on or in relation
to those parts of the Internet not under Cape Byron Distillery direct
control, including, without limitation, loss or damage of business, loss
of sales, non payment of monies due, loss of profits, business
interruption, loss of reputation, loss of business information, or any
other pecuniary loss, even where Cape Byron Distillery has been advised
of the possibility of such damage or loss.

You agree that, except in relation to such liability as has been
expressly excluded in clause 4, the maximum aggregate of liability of
Cape Byron Distillery in contract, tort, negligence, statutory duty or
otherwise, even where Cape Byron Distillery has been advised of the
possibility of such damage or loss, for any damage or loss arising from
or in any way connected with:

Any defect in a product

Any failure by Cape Byron Distillery to process signals, data,
information, orders or messages correctly or in a timely manner, or any
misrouting or non delivery of signals, data information, messages or
orders from you to other persons or from other persons to you, or any
scrambling or distortion of data or information contained in them, and
any liability not excluded by this Agreement shall, in respect of any
one or more events or series of events, connected or unconnected, taking
place within any twelve month period be limited in the case of defects
falling within clause 4 to the price of the relevant goods. This limit
shall also apply in the event that any exclusion or other provision
contained within this Agreement is held to be invalid for any reason and
Cape Byron Distillery becomes liable for damage or loss that could
otherwise have been limited.

You agree and acknowledge that you are in a better position than Cape
Byron Distillery to foresee and evaluate any potential loss or damage
that you may suffer in connection with the goods and services provided
by Cape Byron Distillery, and therefore that Cape Byron Distillery
cannot adequately insure in respect of such liability. You warrant to
Cape Byron Distillery that you will insure against, or bear yourself,
any loss for which Cape Byron Distillery has excluded liability.

Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some limitations set out in clause 4
may not apply to you.

Nothing in this Agreement shall affect the statutory rights of any
customer, exclude or restrict any liability for death or personal injury
arising from negligence or fraud of Cape Byron Distillery.

Indemnity

Save to the extent that it falls within the provision of
delivery you shall indemnify Cape Byron Distillery and any third party,
including its sub contractors, from and against any liability, losses,
rights expenses, loss of profits, business interruption, consequential
loss, pecuniary loss, claims or legal proceedings, including, but not
limited to claims involving defamation and intellectual property
infringement and expenses, including legal charges, arising from your
use of the Cape Byron Distillery site or purchase of goods/services from
that site which are brought or threatened against Cape Byron Distillery
or suffered or incurred by Cape Byron Distillery by another person or
entity.

Copyright

All pictures, photographs, text, design and layout of the Cape Byron
Distillery site remain the copyright of Cape Byron Distillery. You may
print portions of the Cape Byron Distillery site for your personal and
non commercial use. Use of any content of the Cape Byron Distillery site
is strictly prohibited without prior written consent of Cape Byron
Distillery.

Beyond Reasonable Control

Cape Byron Distillery shall not be held liable for any breach of this
Agreement caused by circumstances beyond its control, but not limited to
Acts of God, fire, lightning or extremely severe weather conditions,
explosions, war, disorder, floods, industrial disputes, whether or not
involving our employees, acts or omissions of internet service providers
or acts of local or central Government or other competent authorities.

Severability

In the event that any term of this Agreement is held to be invalid or
unenforceable by judicial decree or decision, the remainder of this
Agreement shall remain valid and enforceable.

Cape Byron Distillery

Any reference to Cape Byron Distillery includes Cape Byron Distillery
Pty Ltd A.C.N. 606 735 406 its directors, officers, servants or agents
and related entities and permitted assigns.

Delivery and Handling: Delivery costs are a flat
rate of $10 throughout Australia. Orders $150 and above receive free
freight. We ship Australia wide with TNT, Fastway and Australia Post. We deliver using receipted receival. If you are not at home a card will be
left. If you wish your parcel to be left please leave instructions in
the comments field of the checkout screen.

Lead Time: We endeavour to process and ship orders
within 48 hours, however this is not always possible, if delays are
expected we will email you with the details. Orders placed outside
office hours will be processed the next business day. Orders placed on a
weekend will not be processed until the next business day.

Out of Stock Items: We endeavour to list ‘out of
stock’ items on our website. Occasionally, during busy periods we may
run out of a product before we have the chance to update our website. If
you have ordered an out of stock item we will contact you to see if you
would like a replacement product or wait until the product is back in
stock.

Your Details: Cape Byron Distillery will store personal
details only to keep subscribers up to date via our opt-in subscription
newsletter. It is not the policy of Cape Byron Distillery to sell or
exchange personal details. Your details will be kept solely for the
purpose of subscription updates, you will be removed if requested.

In the event of receiving damaged or incorrect goods notification must be given within 24 hours of receipt of goods for credit or replacement.