Terms & Conditions
Thorny Devil is a registered trade mark of Cape Bouvard Brewing Company (“Cape Bouvard”, “we” “us”), ABN 85 063 933 604. We’re located in Mandurah, Western Australia. If you have any comments about Thorny Devil, you can email us at firstname.lastname@example.org.
ELIGIBILITY TO PURCHASE
It is a condition of access and use of this Site that you verify that you are 18 years of age or over. If you do not verify that you are 18 years or over, you must not access or use this Site. In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, date of birth, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. It is a condition of purchase, and legal requirement, that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
We support 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.
Under the Liquor Control Act 1988 (WA), it is an offence: to sell or supply liquor to a person under the age of 18 years on a licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on a licensed or regulated premises. Licence Number: 6180046151. Class of Licence: producer’s Licence. Name of Licensee: Cape Bouvard Brewing Company.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. We seek to only offer products for sale that are in stock and available for dispatch within a reasonable period of time. Occasionally however, we may be waiting for additional stock from our suppliers. Should this occur, we shall seek to notify you of the expected delivery date and you will be given the opportunity to refund your purchase if so desired. We will store a record of your transactions for a minimum of three years.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Cape Bouvard will be completed when the goods have been dispatched. The sale contract is therefore concluded in Western Australia.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard and American Express cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Cape Bouvard. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using our secure online payment gateway that encrypts your card details in a secure host environment. With the combination of SSL encryption on our website and a secure browser at your end, we take all reasonable measures to ensure that your credit card and personal information are protected when you purchase online. We also recommend that you take appropriate security precautions when accessing the Internet via public Wi-Fi networks or shared computers.
We utilise a network of courier companies that may change from time to time depending upon your location and the location of the supplier. In order to comply with liquor laws an adult over the age of 18 years must be present to accept the delivery and may be required to present appropriate identification. If you’re not present at the time of delivery, the courier company may elect to leave the beers at your address or you may have to pick up from your local post office or alternative parcel pick-up point as notified by the courier company. You may provide specific delivery instructions, including authorisation for the beers to be left at your address, during the checkout process.
Your order may contain items from different suppliers and locations. If this is the case, your items will arrive separately and likely at different times.
RETURNS, EXCHANGES & REFUNDS
In the event you receive goods that are damaged or faulty, please contact us within 30 days of receiving your order and we will refund the value of the damaged goods. We reserve the right to require proof that the goods were damaged or faulty.
If you change your mind, you can return your order within 30 days and receive a full refund excluding shipping costs if you return the goods in their original condition to our warehouse. Please contact us to let us know to expect your return and return your goods to Thorny Devil Returns at Cape Bouvard Brewing Company, 185 Clifton Downs Rd, Herron, W, 6211. We may not accept returns if they are received damaged or incomplete.
Refunds will be debited onto the credit card used to make the purchase. We will seek to process your refund as quickly as possible, but please allow up to 3 business days for your refund to be processed.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including our Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by us. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties.
In addition to the Intellectual Property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. We try to ensure that the information on this site is accurate and complete. We do not promise that the Content is accurate or error-free. We may make changes to the Content, materials and services at this Site, or to the products and services described in them, at any time without notice. The Content and services at this Site may be out of date, and we make no commitment to update the materials and services at this Site. The Content, products and services of our site are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Our obligation with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.
The personal opinions of the suppliers whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect our views and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than us, including advertisers. These linked websites are not under the control of Cape Bouvard, and we have not reviewed all of the sites linked to the Site and are not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
The Site is provided by Cape Bouvard in good faith but Cape Bouvard does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law. The contents of the Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision. To the extent permitted by law, Cape Bouvard hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.