TERMS & CONDITIONS

The Ultimate Homebrew Shop Customer Agreement

This Agreement is a contract between You and The Ultimate Homebrew Shop ABN: 51 492 627 280 Trading as The Ultimate Homebrew Shop (“The Ultimate Homebrew Shop “). It sets out the terms and conditions under which you may purchase products online from The Ultimate Homebrew Shop . Please read the following terms and conditions carefully before placing your order on The Ultimate Homebrew Shop . By completing the customer application process and using the The Ultimate Homebrew Shop Service, You agree to be bound by the terms and conditions of this Agreement.

1. INTERPRETATION.

In these Conditions: “Agreement” means an agreement between You and The Ultimate Homebrew Shop to supply Goods.

The Agreement consists of the Order and these Conditions.

“Conditions” means these Conditions and any agreed written variations.

“Delivery Address” means the address to which the Goods are to be delivered as stated on the Order.

“Goods” means Goods described in an Order and includes packaging.

“Currency” The price of the Goods shown on the Product List is in Australian dollars ($AUD)

“Intellectual Property Rights” includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information, whether arising under statute or otherwise.

“Order” means an order by You to purchase Goods from The Ultimate Homebrew Shop .

“Product List” means the list of Goods displayed on the The Ultimate Homebrew Shop Internet site as amended from time to time.

“Service Fee” means the fee payable to The Ultimate Homebrew Shop in respect of delivery of the Goods and handling costs associated with processing your Order as advised by The Ultimate Homebrew Shop from time to time.

2. THE AGREEMENT

2.1 What is the Agreement? The entire agreement between You and The Ultimate Homebrew Shop for the purchase of Goods by You from The Ultimate Homebrew Shop is:
(a) these Conditions; and
(b) the terms of the Order.

2.2 When the Agreement is formed An agreement exists between You and The Ultimate Homebrew Shop once:
(a) The Ultimate Homebrew Shop accepts an Order; or
(b) The Ultimate Homebrew Shop receives the Order and does not reject it within fourteen days.

2.3 Each Order is a separate agreement.

2.4 Set-Off If You owe money to The Ultimate Homebrew Shop under one agreement, The Ultimate Homebrew Shop may set-off that money against any money that You owe to The Ultimate Homebrew Shop under another agreement. If The Ultimate Homebrew Shop owes money to You under one agreement The Ultimate Homebrew Shop may set-off that money against any money that it owes You under another agreement.

3. CUSTOMER Set Up Costs

3.1 You are responsible for any costs associated with accessing the The Ultimate Homebrew Shop site and placing orders for Goods on The Ultimate Homebrew Shop including any Internet provider fees.

4. PURCHASE ORDERS & DELIVERY OF GOODS

4.1 Orders – You will place an Order on The Ultimate Homebrew Shop by selecting Goods and pressing the “Pay” button. Orders will be deemed to have been received by The Ultimate Homebrew Shop at the time of successful transmission of the Order.

4.2 Delivery of the Goods – The Ultimate Homebrew Shop will deliver the Goods to You at the Delivery Address, within the time agreed with you.

The order will be prepared in most instances within 24 hours of receipt of your order and shipped immediately using Australia Post as our preferred supplier.

4.3 Authorised Receipt of Goods – Anyone at the Delivery Address who receives the Goods shall be presumed by The Ultimate Homebrew Shop to be authorised to receive the Goods.

4.4 Service Fee – If required by The Ultimate Homebrew Shop You shall pay to The Ultimate Homebrew Shop the Service Fee (or such other fee as may be specified by The Ultimate Homebrew Shop ) in respect of each Order.

4.5 Additional Delivery Fee – If there is no-one at the Delivery Address to receive the Order when the Order is delivered, The Ultimate Homebrew Shop may charge You and You shall pay an additional Delivery Fee.

5. RISK & TITLE IN THE GOODS

5.1 Risk and Title – Property and risk in the Goods passes to You upon delivery and payment of the Goods to the Delivery Address.
5.2 Returns or Refunds – If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the The Ultimate Homebrew Shop Customer Care Centre on (02) 43 22 2666 and a representative will assess Your request for a credit or refund of the purchase price. Credit for any items that you send back with the driver, or items that we pick up from you, will be applied to you next order.

6. PRICE OF GOODS & PAYMENT

6.1 Price of Goods – The price of the Goods as shown on the Product List in Australian dollars ($AUD) and is the price which is applicable at the time you view it.

6.2 Service Fee You also agree to pay the Service Fee if applicable in respect of each Order.

6.3 Total Price of Goods Items in your order are charged at the price applicable at the time you submitted your order and as shown on the order confirmation, except:

(a) Where an item is out of stock. In which case you will not be charged for that item and will be advised and invited to select an alternative.
(b) Where you have given instruction that you will accept a substitute item. The substitute item will be charged at the price applicable at the time the substitute Goods are processed and scanned for your order.

If you are not happy with the substitute item provided contact our Customer Care Centre on (02) 4322 2666 upon delivery of the Goods, The Ultimate Homebrew Shop will provide you with a tax invoice specifying the total price for the Goods including credits applied and the Service Fee.

6.4 Method of Payment – You may select from the following methods of payment.

(a) Online Payment by Credit Card – You may provide your credit card details during checkout on our secure site (eWAY). We will process your order payment using your credit card MasterCard, Bankcard, Visa, details for the value printed on the Tax Invoice we provide with your delivery.

The order will be prepared in most instances within 24 hours of receipt of your order and shipped immediately using Australia Post as our preferred supplier.

If your credit card is declined by your financial institution we will not be able to guarantee delivery on the date or in the delivery window you selected and may contact you to make alternative delivery and payment arrangements.

If you have any queries about the credit charge once you take delivery please contact customer care on (02) 4322 2666.

For details on the The Ultimate Homebrew Shop Privacy & Security Statement, please click on the link Privacy & Security Statement or refer to the Privacy & Security hyperlink on the Home Page.

7. OUT OF STOCKS & SUBSTITUTION

7.1 The Ultimate Homebrew Shop will use its best endeavours to ensure that all Goods ordered by You (and any agreed substitutes) are supplied to You. However, The Ultimate Homebrew Shop will not substitute Goods that are on special.

7.2 Household Quantities The Ultimate Homebrew Shop reserves the right to limit the sale of items to reasonable and / or normal household quantities.

8. PACKAGING & LABELLING OF GOODS

The Ultimate Homebrew Shop aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to You. The Ultimate Homebrew Shop does not warrant the accuracy of the information contained in the Product List and recommends that You read the labels on Goods carefully before consuming the Goods.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 You acknowledge that The Ultimate Homebrew Shop or its related corporations own or are licensed to use all Intellectual Property Rights in The Ultimate Homebrew Shop (including, but not limited to, any images, photographs or text which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy The Ultimate Homebrew Shop in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.

9.2 You acknowledge that any trademarks or logos which appear on the The Ultimate Homebrew Shop site are owned by or licensed to The Ultimate Homebrew Shop or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

10. LIABILITY

10.1 You acknowledge that The Ultimate Homebrew Shop is provided “AS IS” and that The Ultimate Homebrew Shop is not making and has not made any warranty or representation as to The Ultimate Homebrew Shop ‘s suitability for any particular purpose. You agree that in using The Ultimate Homebrew Shop , You are not relying on any statement or representation made by The Ultimate Homebrew Shop which is not expressly contained in this Agreement.

10.2 You agree that any liability of The Ultimate Homebrew Shop arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of The Ultimate Homebrew Shop (other than a condition or warranty implied by legislation which does not permit The Ultimate Homebrew Shop ‘s liability to be limited as stated in this clause 10.2) will, at the election of The Ultimate Homebrew Shop be limited to:

(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and

(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

10.3 You agree that the entire risk arising out of installation, down loading, use or performance of any software remains with You. To the extent permitted by law, You release and discharge The Ultimate Homebrew Shop and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with The Ultimate Homebrew Shop or this Agreement, including, without limitation, loss or damage caused by the negligence of The Ultimate Homebrew Shop or its related corporations.

11. USERNAME AND PASSWORD

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You agree to release and indemnify The Ultimate Homebrew Shop in relation to any liability arising out of the unauthorised use of your user name and/or password.

12. NOTIFICATION OF CHANGES

The Ultimate Homebrew Shop may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 15. Your use of the The Ultimate Homebrew Shop Service after notice will constitute your deemed acceptance of such changes.

13. PRIVACY & SECURITY

For details on the The Ultimate Homebrew Shop Privacy & Security Statement, please click on the link Privacy & Security Statement or refer to the Privacy & Security hyperlink on the Home Page.

14. TERMINATION

The Ultimate Homebrew Shop may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that your shopping privileges have been removed.

If this occurs, please contact The Ultimate Homebrew Shop Customer Care Centre on (02) 4322 2666. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.

15. NOTICES

The Ultimate Homebrew Shop may give notice to You by electronic mail, conventional mail to your address contained in the membership registration information or notice posting on the The Ultimate Homebrew Shop website. You may give notice to The Ultimate Homebrew Shop by electronic mail to The Ultimate Homebrew Shop @The Ultimate Homebrew Shop .com.au

16. PROVISIONS ARE SEVERABLE

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

17. Overseas Orders

The Ultimate Home Brew Shop does not place any restricition on the export of any of our products. It is the customer’s responsibility to determine that that any of the products they purchase are suitable for their intended use and that they are not in breach of any of their local laws.

18. NEW SOUTH WALES LAW APPLIES

The laws of New South Wales govern this Agreement.