Website Terms and Conditions
Please take a few minutes to read through our website terms and conditions and familiarise yourself.
Should you have any questions or require a hard copy of any of the terms and conditions, please contact us on +61 (0)407 232 649.
You can also view the following:
1. Introduction
1. This website (‘wwwdhcco.com.au’) (Site) is operated by The Denmark Heritage Cider Company ABN 92 835 510 189 (Us, We, Our). Sales of alcohol products made through the Site are made under Western Australian Liquor Licence No. 618209426216.
2. By visiting and using the Site you accept and agree to be bound by the following Website Terms and Conditions of Use (Website Terms). If you do not accept these Website Terms, do not use the Site.
2. Purchasing through the Site
1. 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.
2. If you purchase products from Us through the Site, you warrant to us that:
1. you are over the age of 18 years; and
2. any person that you are obtaining the products for, or supply the products to, is over the age of 18 years.
3. If you purchase any products from Us through the Site (including but not limited to signing up for one of our Cellar Door Releases or any one-off purchase of products), separate Purchase Terms and Conditions (Purchase Terms) also apply to our relationship. The Purchase Terms can be viewed here.
4. We collect and use Your Personal Information in accordance with Our Privacy Policy, which can be viewed here.
5. We may change these Website Terms at any time without notice. Please review these Website Terms regularly to ensure you are aware of any changes made.
3. Content and Intellectual Property
1. The content, layout, design, concept and organisation of the Site (Content) which is or may be the subject of patent, copyright, trade mark, design, confidentiality or other intellectual property rights (Intellectual Property) belonging or licensed to Us.
2. Subject to your compliance with these Website Terms, We grant you a temporary, non-exclusive licence to download, print or otherwise reproduce in unaltered form a single copy of any Content (save for any material for which express notice is given to the contrary) solely for your personal, non-commercial use, or for non-commercial information purposes only within your organisation.
3. Certain material provided or available on or through the Site may be stated to be subject to special or additional rules or conditions which will form part of these Website Terms.
4. By visiting and using the Site you acknowledge and agree that:
1. We own all right, title and interest in, or are otherwise licensed to use the Intellectual Property in the Content and you will not do anything to:
1. hinder, impede, invalidate or challenge Our ownership, entitlement to use, or registration of any part of the Intellectual Property in the Content; or
2. which might diminish the value of the Intellectual Property in the Content; and
2. any use, downloading, copying, adaption, modification, communication, distribution or reproduction of the Site, the Content or the Intellectual Property in the Content other than as expressly permitted by these Website Terms or by law is strictly prohibited, unless you have obtained Our prior written consent (which We can withhold in Our absolute discretion).
5. Where Our Intellectual Property contains any of Our registered or unregistered trade marks, you must not use any of those trade marks:
1. in or as the whole or part of your own trade marks;
2. in connection with activities, products or services which are not Ours;
3. in a manner which may be confusing, misleading or deceptive; or
4. in a manner that disparages Us or Our products or services (including the Site).
6. You agree to use the Site and it’s Content for lawful purposes only.
4. Content
1. We derive Our information from sources which we believe to be accurate and up to date at the time of publication.
2. All information provided on the Site is provided in good faith. However, We:
1. do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and
2. will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Site, or for any incorrect or misleading information provided on the Site.
3. We reserve the right to change, update or terminate the Site and Content or any part of them at any time in Our absolute discretion, without notice or liability to you.
4. Any change or modification to the Site or these Website Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, do not use the Site. If following any such change or modification you continue to use the Site or Content, then you will be deemed to have accepted those changes or modifications.
5. Privacy & Security
1. When you place orders on the Site, We offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to Us. Confidential information, such as your address, credit card details and order history, is not stored on the web server.
2. "Cookies" are small pieces of information sent by a web server and stored by your browser on your computer's hard drive so it can later be read back from that browser. This allows your browser to remember some specific information. Our cookies enable Us to store items in your shopping cart and to identify you on return visits. Most browsers automatically accept cookies, but you can usually change your browser to prevent this. However, while most of the content of our web site can be viewed without accepting cookies, the shopping cart features of the Site will not function properly when cookies are disabled.
6. Disclaimer
1. All information, advice or other data on the Site is provided as general information only and should not be relied upon.
2. We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Site or its Content for any particular purpose.
3. We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Site, or the Site’s inability to meet your needs.
4. We have no control over and are not responsible for the content of any third-party sites linked to or framed within the Site, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Site should not be construed as an endorsement, approval or recommendation by Us of the linked web site or its content. We are not responsible for the content or privacy practices associated with linked web sites. When viewing a third party site, you should read the terms, conditions and privacy statements detailed on that site. Your use of or reliance upon such third-party websites is at your own risk.
5. We are based in Scotsdale, Western Australia. You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you.
6. Your use of and any reliance you place upon the Site and its Content are entirely at your own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond Our jurisdiction and control and that of Our suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to Us.
7. We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site, which is beyond Our control. For the avoidance of doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site or any linked website.
7. Liability
1. To the fullest extent permitted by law:
1. all conditions and warranties concerning the Site and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
2. in no event will We (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Site or the Content;
3. We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site, the Content or the Services;
4. any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and
5. remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms.
2. Where legislation implies any condition or warranty which cannot be lawfully excluded or modified, that condition or warranty will be deemed included but our liability will be limited as follows:
1. if the breach relates to goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired; and
2. if the breach relates to services:
1. the supplying of the services again; or
2. the cost of having the services supplied again.
8. General
1. Your rights and obligations under these Website Terms may not be transferred or assigned directly or indirectly without Our prior written consent. We may transfer or assign Our rights and obligations under these Website Terms.
2. To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been read down or deleted to the extent necessary to overcome the difficulty.
3. Our rights and remedies under these Website Terms cannot be waived except in writing signed by Us. Our Delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does Our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of Our other rights.
4. We will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
5. These Website Terms are governed by and construed in accordance with the law of the State of Western Australia and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.