Terms & Conditions - The Pendleburys

Thank you for choosing to shop with The Pendleburys.

We would like you to read our (Website Terms) carefully to ensure that you are fully aware of your rights when purchasing (Items) via the The Pendleburys website (our Website). You should additionally review our Privacy Policy.

Your order signifies your agreement to be bound by these Website Terms, which constitute the agreement between Nine Spices Unit Trust ABN 15 701 469 407 (we, us, our, or The Pendleburys) and you.

YOU MUST BE OVER 18 TO MAKE A PURCHASE

It is against the law for us to sell or supply liquor to a person under the age of 18 years. In placing an order, you warrant to us that:
a. You are over the age of 18 years and will produce evidence of age to the satisfaction of us if so requested,
b. Any person that you are obtaining Items for, or supply the Items to, is over the age of 18 years, and
c. You will not take or supply any Items ordered to any liquor-restricted area or community.

PURCHASES

You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order.

You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, we are not obliged to re-send the order to the correct address at our own expense. If you submit your order and then realise that you have entered an incorrect delivery address or delivery instructions, please email us immediately.

PURCHASE PRICE

All prices quoted on the Website or pursuant to your enquiry with us are in Australian Dollars (AUD) and include GST.

We reserve the right to vary the prices displayed on the Website from time to time and without notice to you.

Our prices do not include insurance or any secondary attempts to deliver Items to you.

PAYMENT

The Pendleburys accepts payments via credit card.

After you make payment for your order, you will receive a transaction confirmation email, which confirms receipt of your order.

In the event that The Pendleburys does not receive cleared funds within 48 hours of you submitting your order, we will email you at the email address nominated in your order to communicate with you about your payment.

HAND-APPLIED SIGNATURES

Selected limited edition bottles bear a hand-applied signature using a permanent marker. The longevity of the signature is not guaranteed by the manufacturer and is subject to various factors, including handling, storage conditions, and environmental influences. The manufacturer assumes no liability for any deterioration or fading of the signature over time.

PROCESSING OF ORDERS

We process purchases on business days, which are Monday to Friday and exclude public holidays in Victoria. If you submit an order for Items via our website on a non-business day, we will process your order on the next business day.

Items will usually be shipped within three (3) business days. We will contact you if your Item(s) will be shipped outside of this timeframe.

SHIPPING

Shipping will be via a courier service.

We do not ship to post office boxes.

INTERNATIONAL ORDERS

We are currently only shipping orders within Australia.

DELIVERY TIMEFRAMES

We cannot guarantee delivery times. However, you should receive your delivery within the following timeframes:

Metropolitan areas – between 3 and 4 business days; and
Regional areas – between 4 and 7 business days.
However, there may be times where shipping will take a little longer. If you have not received ordered Items within our designated timeframes, please email us your full name and order number and we will investigate on your behalf.

CANCELLATION OF ORDERS

The Pendleburys may cancel your order if for any reason we are unable to provide you with the Items subject to your order. We will contact you should this occur and complete a refund.

You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.

ITEMS MISSING FROM AN ORDER

Should any Item be missing from an order, please email us with the order number and the Item code or description of the Item you ordered, and we will make the appropriate investigations.

RETURN OF ITEMS

Our Items come with guarantees pursuant to the Australian Consumer Law. You are entitled to a replacement or refund for a major failure.
If the Item(s) purchased are faulty, damaged, incorrectly described or breaches a consumer guarantee, we will be happy to provide you with either a refund or exchange upon presentation of your proof of purchase. If this purchase incurred a delivery fee, we will also cover the cost of the delivery fee for the return of the Item(s) back to us.

Please note that we will not provide you with a refund or exchange due to a change of mind or because the product is not to your liking.

CONSENT

By agreeing to these Website Terms, you also consent to receive further electronic communications from us in relation to the The Pendleburys business, including information relating to items, competitions, promotions, special offers and any other commercial message. Of course, you may contact us at any time to unsubscribe.

LIABILITY

We will use reasonable care and skill in fulfilling your orders.

We are responsible for loss suffered by you as a result of:
a. our negligence if it causes personal injury or death, or
b. a serious breach of these Website Terms by us,
if that loss was reasonably foreseeable at the time.

Subject to the above, and to the extent permitted by law, you release and discharge us and our related corporations from all forms of direct, special, indirect or consequential loss or damage arising out of or in connection with these Website Terms.

Provided that it is fair and reasonable to do so, any liability by us resulting from a breach of these Website Terms will be limited to the replacement of the Items or the supply of equivalent Items or or a full refund.

NOTIFICATION OF CHANGES

We may add to, delete, or otherwise change any of the these Website Terms without providing you with notice. You should review these Website Terms prior to the purchase of any Items.

GOVERNING LAW

The laws of Victoria govern these Website Terms.

SEVERABILITY

Each provision of these Website Terms is severable. The terms remain enforceable even if individual terms are removed or deemed unenforceable.

ENQUIRIES

Please email us if you have any questions about our Website Terms.