Terms & Privacy

1. About Freshes

We are DRINK FRESHES (ABN 41 640 124 250) and owner of trade mark FRESHES. We hold a liquor licence for the sale of our alcoholic products via our website and online – liquor licence number 36159182.  We refer to ourselves in these terms and conditions as “Freshes”.

2. Website and Services

Freshes website - freshes.com.au (“Website”) and related services, including Freshes’ online store and social media are made available to you in accordance with these terms and conditions, as well as any other rules posted on the Website and/or the rules of any social media platform on which Freshes operates. 

You cannot enter the Website unless you have confirmed that you are aged 18 years and over. 

By visiting the Website (including without limitation, visitors who are browsers, vendors, customers, merchants, and/ or contributors of content and/or purchasing something from us), you engage in our “Service” and agree to be bound by these terms and conditions (“Terms”) including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

3. Supply of Alcohol

Freshes sells alcohol to adults who agree to these Terms.  You are required to acknowledge and agree to these Terms before Freshes will accept any order placed by you for the supply of alcohol. Freshes supports the responsible service of alcohol. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.

4. Amendments to Terms

These terms are current from 10 February 2021.  We reserve the right to alter these terms and conditions at any time. Please check these terms each time you order with us. 

5. Price

Prices are as displayed at the time of placing your order and include any GST. Freshes reserves the right to alter prices of products without notice.

6. Accuracy Images and Descriptions of Products

Freshes takes all reasonable steps to ensure that any details, descriptions and prices displayed are accurate.  Freshes is run by humans and sometimes errors can occur. Photographs are for guidance only – can and product shapes, appearance, labels and colours may vary.

7. Ordering and Payment

Freshes’ online store is hosted on Shopify Inc. They provide Freshes with the online e-commerce platform that allows Freshes to sell products and services to you.

Payment is taken in full at time of order, or the order is not accepted.  In the event of any subsequent non-authorisation of your payment, we shall cancel your order and notify you that it cannot be processed.

Freshes accepts payment by credit or debit card (Visa, MasterCard, Visa Debit/Switch) or PayPal.

Freshes does not accept payment by cash, cheques or other online payment merchants.

Upon successful receipt of payment, you will receive an order confirmation by email.

As soon as you place your order, Freshes commences processing your order.  Therefore you are not able to change your order once you have placed it.

8. Product availability

Whilst Freshes endeavours to have its full range and sufficient quantities of its products available to purchase at all times, some products and some offers may not be available from time to time.  

Freshes reserves the right not to sell certain products to any person to which, or in any location where, the sale of certain products is restricted or prohibited whether by law or otherwise.

9. Delivery

Standard delivery typically takes 2-4 working days (but can be up to 5 working days) to be received once dispatched from Freshes warehouse.

Freshes processes and dispatches orders at 12pm every day. You will receive tracking information to enable you to track your delivery.

We are unable to deliver to schools or PO boxes. In order to comply with liquor laws, delivery can only be accepted by someone 18 years or older. Proof of age, identity and/or a signature may be required on delivery.

Ownership of the products and risk in them will pass to you as soon as they have been delivered to the nominated delivery address.

Freshes does not accept any liability for late or delayed orders.  Freshes does not accept return of products unless products are defective or faulty or otherwise not in accordance with consumer guarantees as set out in term 11 below.

10. Special offers, gifts and discounts

From time to time, Freshes may offer free gifts, or limited time offers and discount codes which may be subject to additional terms and conditions. These will be displayed on the Website and notified to persons receiving the offers at the time of the offer being made available to such persons.

Freshes does not offer replacement or reimbursement if any free gift is unsuitable and unable to be legally provided to you.

Only one discount code of any type may be used per order. Where discount codes are misused, Freshes reserves the right in its absolute discretion to cancel any such order(s). 

Freshes reserves the right to amend or withdraw special offers, free gifts or discount codes at any time.

11. Consumer Guarantees and Limitation of Liability

Consumers are protected by the Australia Consumer Law as set out in the Competition and Consumer Act 2010 (Cth)).  Freshes adheres to all consumer guarantees related to its products and services and nothing in these Terms seeks to restrict, exclude or modify such consumer guarantees.

In the event you receive products that are ruined, damaged or faulty, please contact Freshes within 15 days of receiving your order.  Freshes will replace, re-supply or refund the value of the damaged products. Freshes acknowledges that where there is a major failure with their products or services as defined under the Competition and Consumer Act 2010 (Cth), you may also be entitled to a remedy in the form of compensation for any damage or loss suffered.

Freshes reserves the right to require proof that the products are ruined, damaged or faulty.

Freshes shall not be liable to you if relevant products have been tampered with or have been improperly handled or stored by you, or for any other loss or damage which is caused by your action or inaction.

A claim in respect of any defect or failure to comply in respect of any delivery or supply of any order or any part of it shall not entitle you to cancel or refuse delivery of or payment for any other order or delivery or supply or any part of the same order.

Other than for matters that Freshes is unable to exclude at law, Freshes is not liable to you for any loss of profit, damage to goodwill, any indirect or consequential loss or damage, howsoever caused, arising out of or in connection with the supply of products under these Terms.

12. Use of Website and Intellectual Property

You acknowledge that the Website is made available to you on an "as is" “as available” basis.  Freshes does not make any warranty or representation as to the suitability of the Website for your purposes, that your access to the Website will be uninterrupted or error free, that any defects will be corrected immediately, or in respect of anything (including content and other websites) which may link to the Website from time to time.

You must not attempt to hack into the Website, attempt to post content which is in any way offensive or obscene, nor use the Website to distribute any kind of computer virus. You are not permitted to make links to the Website from any of your own sites or business pages without Freshes prior written approval.

Freshes may include links on the Website to other sites which are not controlled by Freshes. If you click on those links you accept that these are managed by third-parties.  Freshes is not responsible for any content on them and you are bound by any terms and conditions of use of such third party sites.

All content, copyright, trademarks and all other intellectual property rights in any and all material on the Website belongs to Freshes or is licensed to Freshes from third-parties.  All rights are reserved.

You must not copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the Website, including trade marks and copyright protected works without Freshes prior written permission.

13. Privacy Statement

Freshes collects name, address, phone number, and email address from users placing orders.  Payment details are also provided by customers to Shopify for online purchases.  We do not collect or keep customers’ payment details.  The Website also collects cookies were permission through the IP network. 

Freshes takes reasonable steps to hold personal information collected securely and safely.  Freshes only uses the personal information provided for the purposes of supplying the user with the services requested and to contact users with marketing and promotional material.  Freshes does not provide personal information collected to any third party except those third-parties engaged to assist Freshes in the provision of their services and the conduct of their business.

If you wish to opt-out of receiving marketing information from Freshes you can do so at any time by following the unsubscribe links displayed at the bottom of all marketing materials sent out by Freshes.

14. Miscellaneous

Where a force majeure event results in any delay in Freshes performance or failure to perform its obligations, Freshes shall not be deemed to be in breach of these terms and conditions. A force majeure event shall be considered to include but not be limited to, fire, flood, act of God, strike(s), riot, accident, disruption to energy supplies, civil commotion, act of terrorism or war, breakdown of equipment or road traffic problems.

  Each of the paragraphed terms of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

  These terms and conditions are governed by the laws of the State of New South Wales and are subject to the non-exclusive jurisdiction of the courts of the State of New South Wales.