Terms & Conditions

Terms & Conditions:

The following Terms & Conditions (Terms), together with our Privacy Policy and Supply Terms & Conditions are the complete terms of a legal agreement between you The Trustee for WILLWAR FAMILY TRUST, ABN:  39 494 064 878 in relation to your access to and use of this website and the supply of products ordered via the website (if applicable). By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use this website. The Premium Selection may alter these Terms from time to time by posting the altered version on this website. You should visit the website regularly to keep up to date with any alterations. By continuing to use this website, you accept the Terms current at the time you access and use it. If you have any questions or need clarification on any issue, please contact us:
  • by phone, during normal business hours (9am to 5pm Western Standard Time) on (08) 9291 6217;
  • by email, at admin@thepremiumselections.com.au
  • or by mail, at the following address: Shop 6, 241-243 Lesmurdie Road, Lesmurdie, 6067 WA
www.thepremiumselections.com.au is operated by The Trustee for WILLWAR FAMILY TRUST Trading as Liquor Barons lesmurdie.  WA liquor store licence number 6030004176 \ Licensee IVORYBOW Pty Ltd

Intellectual property:

Material and content displayed on or comprised by the website, including but not limited to text, graphics, logos, button icons, images, the website layout and software, is subject to copyright owned by The Trustee for WILLWAR FAMILY TRUST, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright laws. You may access, display, download and print portions of the website only for your own private non-commercial use and to order products via the website. This permission is subject to you not modifying the content displayed on this site, keeping intact all copyright, trademark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website. Any other use of material on the website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.

Information on the website:

Information on this website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This website may contain technical inaccuracies or typographical errors. The Premium Selection assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products or services described on this website.

Third-party material:

The website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). The Premium Selection is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites. The Premium Selection does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. The Premium Selection is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.

Viruses:

You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and trojans, and to protect your information as you deem appropriate. Use of the website: You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the website. Without limitation, you agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the website, including, but not limited to, by uploading or transmitting through the website any viruses, worms, Trojans, or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the website or any computer. You must not post on the website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. The Premium Selection may block/delete from the website any material posted to the website that The Premium Selection decides contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must not attempt to use the website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the website in contravention of these Terms may result in you being banned from the website, being liable to The Premium Selection for breach of contract and/or infringing applicable law.

Disclaimer of warranty:

Use of this website is at your sole risk. To the extent legally permitted, all materials, information, products, programs, and services are provided “as is”, with no warranties or guarantees whatsoever. The Premium Selection expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, The Premium Selection does not represent or warrant that the functions within the website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements. You agree that in using the website you have not relied on any statement or representation made by The Premium Selection not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, The Premium Selection limits its liability for breach of any such warranties, conditions, or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at The Premium Selection discretion.

Limitation of Liability:

To the extent legally permitted, in no event will The Premium Selection be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced or accessed through this website, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if The Premium Selection is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid, or ineffective for any reason, it will be severed from these Terms and The Premium Selection maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Indemnity: You agree to indemnify, defend, and hold harmless The Premium Selection, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.

Password security:

If you are allocated a password to access any part of the website, you are responsible to prevent the password being disclosed to any third party.

Privacy:

Your privacy is important to us at The Premium Selection. The Premium Selection deploys encryption and other technology with the aim of protecting credit card information and the customer database. Access to this database within The Premium Selection is restricted. The Premium Selection does not sell, trade, or rent personal information. By providing your details to The Premium Selection via the website, you consent to The Premium Selection maintaining, recording, holding, and using that information to process its orders, to improve service to customers and to inform you of promotions. Further information about the collection and use of your personal information is contained in our Privacy Policy.

Applicable law:

These Terms are governed by the law of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and its appellate courts. 

Order:

PLEASE READ THESE TERMS
CAREFULLY BEFORE PLACING YOUR ORDER

1.Orders, Acceptance,
Cancellation and Payment


1.1  By submitting your order, you
acknowledge and agree to these Terms.

1.2  Your order is an offer to buy the Product(s) the subject of your order.
The Premium Selections may send you an Order Confirmation to acknowledge
receipt of your order, however The Premium Selections does not accept your
order until you receive notice from The Premium Selections that the Product(s)
you have ordered has shipped.

1.3   The Premium Selections may process payment for and ship parts
of an order separately. The Premium Selections reserves the right at any time,
even after we send you a confirmation email, to decline or cancel your order or
to limit order quantities for any reason, including errors or suspected
fraud. 

2.
Price and Availability

2.1    Prices and promotions are subject to change.

2.2   The Premium Selections uses reasonable endeavours to
communicate accurate pricing and Product information, however errors may occur.
In the unlikely event that an error affects your order, or a Product that you
have ordered is no longer available, we will either contact you for
instructions or cancel your order and refund any money you have paid for the
relevant Products.

2.3    Reasons for price
increases may Include; rarity; Sold out products; availability; Purchase of
replacement products at higher prices; shipping costs; Storage; Insurance;
difficulty in sourcing products;


3. Passing of Title and Risk

3.1  Title to and risk in the Products(s) that you have purchased
from The Premium Selections passes to you when the Product(s) are delivered to you.

3.2    You are responsible for inspecting the package(s) upon
delivery and promptly informing us of any damage to the packaging, including,
where possible by taking contemporaneous photos of any damage and noting that
damage on the proof of delivery (POD) or other delivery receipt the carrier may
asks you to sign.  If you take photos of the damage we may require you to
provide them to us so we can address the damage with the carrier.