Terms and Conditions
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
Nothing in these terms limit your rights under the Australian Consumer Law.
Please be aware that some of the products sold through the Site may not be suitable for some people, such as children under 18 years old, pregnant or breastfeeding women, or have a medical condition including heart disease, are on prescription medication or any antidepressant drugs. Please take extra care when ordering products to ensure that the products are suitable.
- This website (Site) is operated by HOPR Drinks Pty Ltd (ABN: 74 646 519 440) (we, our or us). It is available at: drinkhopr.com.au and may be available through other addresses or channels.
- By accessing and/or using the Site you:
- warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
- agree to use the Site in accordance with the Terms.
- You must not use the Site and/or place an order for products through the Site unless you are at least 13 years old. If you are a parent or legal guardian permitting a person who is at least 13 years old but under 18 years old (a Minor) to use the Site including to create an account on the Site, you agree to: (i) supervise the Minor’s use of the Site; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
- When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details and if you choose to create an account, you will choose a username and password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
- You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
- We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
- Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
- It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
- Please be aware that some of the products sold through the Site may not be suitable for some people, such as children under 18 years old or pregnant or breastfeeding women. Please take extra care when ordering products to ensure that the products are suitable.
- HOPR Subscription
- When you place an order with us for our subscription service, you are agreeing to order products from us on an ongoing basis. The details of your subscription (including your inclusions, the frequency of your order, your payment method, and your delivery period) are as set out on your account on the Site at the time you place your first order.
- Each period, you will be provided with a final date by which your order for that period must be finalised (Cut-Off Date). You must finalise your selection of products for the period as set out in your account before the Cut-Off Date. If you do not select any particular products, we will select products on your behalf based on your previous choices.
- All of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order. We will let you know if we need to substitute any products in your order.
- There is no minimum term to your subscription, and you may cancel your subscription at any time in accordance with these Terms.
- Your subscription will roll over on an ongoing basis based on the period chosen in your account, unless you provide notice to us through your account that you wish to cancel your subscription at least 24 hours before the next Cut-Off Date. You may also amend your subscription through your account, at least 24 hours before the next Cut Off Date.
- We may, at our absolute discretion, suspend or cancel any subscription, or refuse to fulfil any order. If we cannot fulfil an order, or need to suspend or cancel your subscription, we will promptly notify you via email.
- Each time your order is confirmed on the Site following the Cut-Off Date and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses, and a description of your order.
- When you sign up for a subscription, we may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
- Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old.
- Price and payments
- You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the product price.
- You must pay the Price using one of the methods set out on the Site, such as PayPal.
- For Subscription customers: In these Terms, the Price means the price paid by you in respect of each order. You will be charged the Price for your initial order by completing the initial transaction on the Site. Unless you suspend or cancel your subscription in accordance with these terms, you will be charged the same Price each period as set out in your account on the Cut-Off Date (the Billing Date). If at least 48 hours before the Cut-Off Date, you adjust your subscription to an order with a different fee (as set out on the Site), then the Price will be changed to the new fee for all future orders from the next Billing Date, unless you amend or cancel your subscription in accordance with these Terms.
- You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
- If we offer payment via a third party payment processor, such as PayPal, the payment may be subject to that third party payment processor’s terms and conditions.
- We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
- Availability and Cancellation
- All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
- We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.
- Delivery, Title and Risk
- If possible we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide (unless our delivery company does not deliver to your area).
Delivery costs are set out on the Site.
- We normally dispatch products within 48 to 72 hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
- We may deliver the products using a range of delivery methods such as Sendle. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office.
- Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
- Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.
Change of mind returns
- you have provided the proof of purchase;
- you request an exchange or refund within 14 days of the product delivery date;
- the products are in their original condition and have not been used, damaged or tampered with;
- the products are in their original undamaged packaging;
- the products are not sale items, custom-made, special buy products or gift vouchers; and a return and exchanges form has been completed.
- If you received the products as a gift and are unable to provide proof of purchase, you must comply with the above clause 7(a) but we will only offer an exchange (subject to stock availability) and not a refund.
- We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
- Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
- Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
- Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
- All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
- You must not, without our prior written consent:
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
- breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
- In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future, or contingent and whether involving a third party or a Party to these Terms or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with (a) the use of the products by any person for which they are not suitable and (b) any:
- loss of, or damage to, the products, or any injury or loss to any person;
- failure or delay in providing the products; or
- breach of the Terms or any law, where caused or contributed to by any:
- event or circumstance beyond our reasonable control; or
- act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
- We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
- Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
- Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
- Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
- Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
- Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
- Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
- Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
- Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
- Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
HOPR Drinks Pty Ltd (ABN: 74 646 519 440)
Address: 22/45-49 Holt St, Surry Hills, NSW, 2010
Last update: 30 September 2021