POMONA DISTILLING CO. TERMS AND CONDITIONS

OVERVIEW

This website is operated by Pomona Distilling Co. and its subsidiaries. Throughout the site, the terms “we”, “our” and “us” refer to Pomona Distilling Co. and its subsidiaries. Pomona Distilling Co. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these terms carefully, by visiting and using our site, or purchasing from our site, you indicate that you accept these terms and agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

The www.pomonadistilling.com.au website is 100% owned and operated by Pomona Distilling Co.

ORDER

1. This purchase order is subject to acceptance by Pomona Distilling Co. Acceptance will be communicated via our online store or, if dealing outside of the store with one of Pomona Distilling Co. sales representatives, acceptance will be communicated within 2 days of receipt of an executed copy of the purchase order.
2. Upon Acceptance, this purchase order will become a binding agreement between the Customer and Company.
3. After Acceptance, if the Customer ­­­wishes to cancel or vary the order, the Customer shall be liable for any costs incurred by Pomona Distilling Co. up to that point in time.

PRICE & PAYMENT

a. The price is the price indicated on our online store via www.pomonadistilling.com.au or via a quotation provided by one of Pomona Distilling Co. Sales Representatives.

1. Pomona Distilling Co. reserves the right to change the Price in the event of a variation to the quotation.
2. The Customer shall not be entitled to make any deduction in respect of the Price relating to any set-off or counter claim by the Customer against Pomona Distilling Co..

DELIVERY AND RISK

1. Delivery of goods shall be affected by Pomona Distilling Co. to the Customer:
2. subject to availability; and
3. without any liability on behalf of Pomona Distilling Co. for any delays.
4. Once the goods have been delivered by Pomona Distilling Co. to the site of the Customer, all risk in and to the goods shall pass to the Customer.
5. The cost of freight may vary in regional locations. By placing an order you accept that Pomona Distilling Co. may contact you to discuss freight should your delivery address be in a regional location. We suggest you contact Pomona Distilling Co. via email or phone to get an accurate freight cost prior to placing your order.
6. Due to the remoteness of regional areas delivery time for standard and express services may vary. We suggest you contact Pomona Distilling Co. via email or phone to get an accurate delivery time prior to placing your order.

CLAIMS, DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1. All claims for any damage and/or defect in the goods purchased by the Customer must be made to Pomona Distilling Co. in writing within 3 days of delivery of the goods otherwise the goods are deemed to be accepted and in good order and condition.
2. Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are entitled to have the goods repaired or replaced if the goods show evidence of defect in workmanship, or due to a technical issue.
3. Pomona Distilling Co. aims to ensure all of our clients are satisfied with our products. Please contact us and we will do our best, within reason to rectify any issues.

RETENTION OF TITLE

1. Possession of the goods shall pass to the Customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the Customer when the Customer has paid Pomona Distilling Co. all that is owing to Pomona Distilling Co. in respect of the goods. Until such payment is made, the Customer holds the goods as Bailee for and on behalf of Pomona Distilling Co..
2. In the event Pomona Distilling Co. grants credit to a customer where a larger order is placed; If the Customer fails to pay for the goods on time, such event shall entitle Pomona Distilling Co., its servants or agents to retake possession of the goods and for that purpose Pomona Distilling Co. shall be entitled to enter upon the Customer’s premises without being liable for trespass. The Customer shall nevertheless be liable for any and all amounts still due to Pomona Distilling Co. by the Customer less the value of the goods that Pomona Distilling Co. attributes to the goods at the time of such repossession. Pomona Distilling Co.’ determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time.
3. Until the goods are paid for in full, the Customer shall;
4. keep the goods on behalf of Pomona Distilling Co. fully insured against loss; damage and destruction;
5. keep the goods clearly identifiable; and

iii. not grant any charge or mortgage over the goods or otherwise encumber the goods.

1. If the Customer sells the goods for which it has not made payment, it does so as Pomona Distilling Co.’ agent and the proceeds of sale are held by the Customer on trust for Pomona Distilling Co. and the Customer will hold them in a separate account pending its accounting to Pomona Distilling Co.. The Customer must notify any financier or third party in favour of whom it grants a charge over the assets of its business that all of Pomona Distilling Co.’ goods which have not been paid for by it do not constitute the Customer’s property. Such financier or third party will be deemed to be subject to Pomona Distilling Co.’ retention of title until Pomona Distilling Co.’ goods are paid for in full.

RECOVERY

1. Should it become necessary for Pomona Distilling Co. to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to Pomona Distilling Co. for all legal costs incurred by Pomona Distilling Co..

GENERAL

1. The Terms and Conditions of Trade may not be altered without our consent. Any alterations will be clearly marked and agreed to.
2. Your non-adherence of any of the terms set out above does not in any way constitute an acceptance on our part or a waiver of our rights. These Standard Terms of Sale will be interpreted according to the laws of Queensland and the courts having such jurisdiction in Queensland. If any provision of the Terms and Conditions of Trade shall at any time become void, voidable or unenforceable, the remaining provisions shall nevertheless continue to be of full force and effect.

IMAGES

1. Images used in this website are for general reference only.
2. These Terms of Sale offered by Pomona Distilling Co. are the only Terms of Sale offered and are not overridden or superseded by any other Terms which the buyer may add or append to their Purchase Order. Any additional terms attached to a Purchase order are not agreed and will not be read by Pomona Distilling Co. staff, as there has been no allowance in any quote given for any additional costs in time or fees or any other costs in assessment or delivery of goods or retention or late payments or any other additional unquoted costs or any Terms which the buyer may attach to their Purchase order.

THIRD-PARTY LINKS

1. Certain content, products and services available via Pomona Distilling Co. may include materials from third-parties.
2. Third-party links on this site may direct you to third-party website that are not affiliated with Pomona Distilling Co.. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website.
3. Please review the third-party’s policies and practices carefully, and make sure you understand them before you engage in any transaction.
4. Any complaint, claim, questions, concerns, or feedback regarding third-party products should be directed to the third-party.

COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

1. By making any suggestions, proposals, plans, idea’s, or other materials made to Pomona Distilling Co., whether online, in writing by email or our contact page, by postal mail or via one of our Social Media platforms, you agree that we may, at any time, without restriction, edit, copy, publish and distribute and otherwise use in any medium.
2. We are under no condition to maintain comments in confidence, to pay compensation for any comments or to reply to any comments.
3. We may edit or remove content that we determine rude, unlawful, offensive, obscene or for any other unstated reason.

CONTACT INFORMATION

1. Questions about our Terms of Services should be sent to us at venue@pomonadistilling.co

RETURNS & REFUNDS

1. Pomona Distilling Co. does not accept returns for ‘change-of-mind’ purchases. We cannot refund or exchange goods for change of mind or errors you made in your order. We may however, at our sole discretion, allow a return for store credit or exchange product on a case-by-case basis, provided that the item in question is:
   • returned within 28 days of order (at buyers expense);
   • not used or worn (with original tags and/or packaging); and
   • not damaged in any way.
   • In original sealed packaging. We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken. Any products returned without proper sealed packaging will be rejected under change of mind

If we allow a return in these circumstances, we will ask you to follow our returns process.
We may provide you with a product exchange or store credit only when we receive the returned product. You are responsible for payment of return postage on your order. Remedies for defective goods are still available.

1. Please refer to ‘CLAIMS, DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY’, above for all warranty information.

DELIVERY

1. In purchasing any product from Pomona Distilling Co., you agree to accept delivery of the product. If you are not able to accept delivery you must advise Pomona Distilling Co. before a delivery is attempted.
2. Any and all failed delivery attempts made by a courier will be held by the courier. You will be notified upon a failed delivery attempt and will need to contact the courier via supplied information to re-arrange delivery or pickup from the couriers depot.
3. We will make reasonable attempts to contact you before delivery to ensure you are able to accept the product.

Website Ownership and Content

This Website contains materials and other items about Pomona Distilling Co. and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Pomona Distilling Co., its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned or controlled by Pomona Distilling Co. and certain other third parties, and as such all right, title, interest in and to the Content and the Website is the property of Pomona Distilling Co. or certain other third parties and is protected by International copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. Pomona Distilling Co. is the owner of the copyright in the Content on the Website. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. In exchange for your agreement and strict compliance with the User Agreement and any additional terms, Pomona Distilling Co. grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display and view the Content on the Website for your own personal, non-commercial use only.  You agree that Pomona Distilling Co. may immediately and, without any notice to you, suspend or terminate the availability of the Website or its Content without any liability to you.  You further agree that any unauthorised use of any Content of the Website for any purpose is strictly prohibited.

Permitted Activities

You should be aware that you may only use the Content on the Website in conjunction with permitted activities and you cannot use the Website or its Content in any offline environment or on any other Website.  You are not allowed to use the Website or its Content for any commercial, political, obscene, or inappropriate purpose.