Terms of service

FLORCITA TERMS AND CONDITIONS

Welcome to the Florcita website, which is provided by Florcita Tequila Pty Ltd (ACN 678 568 271) and its related entities (Florcita, we, us or our). 

    1. OUR TERMS 

    These terms and conditions (Terms), and the terms and conditions of our privacy policy located at https://florcita.com.au/policies/privacy-policy (Privacy Policy) which are hereby incorporated by reference into these Terms, apply:

    a) to your use of our website located at www.florcita.com.au.com (Website);

    b) to your use of our e-commerce platform (hosted by Shopify) (Shopify Platform); 

    c) to your use of our social media channels (Social Media); and 

    d) when you purchase Florcita products (Products) via any website (including our Website) or our Shopify Platform. 

    By using this Website, using our Shopify Platform, using our Social Media and/or purchasing Products from us, you accept and agree to abide by all of the terms and conditions in these Terms.

    It is important that you read and understand these Terms, including the terms of our Privacy Policy.

    If you do not agree to these Terms, including the terms of our Privacy Policy, please do not use this Website, our Shopify Platform or our Social Media or purchase any of our Products.

    2. YOUR USE

    This Website, our Shopify Platform and our Social Media are for your personal, non-commercial use, unless otherwise expressly approved by us in advance in writing.

    You are free to simply browse our Website, our Shopify Platform and our Social Media to learn more about us, what we do and the Products we offer.

    You must not: 

    a) post or transmit anything to this Website, our Shopify Platform or our Social Media that is misleading, fraudulent or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; 

    b) restrict or stop other users from using or enjoying this Website, our Shopify Platform or our Social Media;

    c) use, modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on this Website, our Shopify Platform or our Social Media;

    d) violate or attempt to violate the security of this Website, our Shopify Platform or our Social Media; or

    e) transfer or sell any information, functionality or products or services offered on this Website, our Shopify Platform or our Social Media (including the Products), nor represent that you are entitled to do so.

    If we believe that you have not complied with these Terms at any time, we may immediately restrict your access to this Website, our Shopify Platform and/or our Social Media, and you agree that we may do so without prior notice to you and without liability to you or anyone else.

    3. YOUR PERSONAL INFORMATION 

    Any personal information you provide to us when using this Website, our Shopify Platform or our Social Media and/or purchasing our Products will be collected, used and stored by us in accordance with these Terms and our Privacy Policy.

    4. OUR PRODUCTS

    Our products may include a range of alcoholic and non-alcoholic beverages and other products. Actual product packaging and materials may contain additional and different information than what is shown on the Website, our Shopify Platform and/or Social Media. You agree to always read the labels, warnings and directions provided with our Products before consuming or using them.

    The ingredients of the Products may change from time to time, and it is your responsibility to ensure that you check the packaging on all Products you receive for the most up to date ingredients list (if applicable to the product).

    By accessing our Website, Shopify Platform, or Social Media and/or purchasing our Products you warrant and represent that:

    a) you are over the age of 18 years and you have full authority, right, and capacity to enter into agreements with us;

    b) you accept and agree to abide by these Terms;

    c) all registration information that you submit to us (including your delivery address) is accurate, complete, and current;

    d) you have the legal right to use any credit card(s) or other payment method(s) used to purchase our Products, and the card gives access to sufficient funds corresponding with the amount of the order;

    e) you will use the Products for your own personal use and in accordance with the labels, warnings and directions provided with our Products; and

    f) you will not resell the Products (unless otherwise agreed in writing by us), or otherwise use or dispose of the Products for commercial gain.

    This Website, our Shopify Platform and Social Media are only intended for customers in Australia. If you are not located in Australia, please do not use this Website, our Shopify Platform or our Social Media purchase any of our Products.

    The Products available, and the prices payable for these Products, at any point in time are as listed on our Website, our Shopify Platform and/or our Social Media.

    We reserve the right to refuse, modify or discontinue sales of our Products to any person, geographic region or jurisdiction, and you agree that we may do so without prior notice to you and without liability to you or anyone else. We may exercise this right on a case-by-case basis.

    We reserve the right to limit quantities of Products and to discontinue any Product at any time, and you agree that we may do so without prior notice to you and without liability to you or anyone else.

    Any offer for any Product made on this Website, our Shopify Platform and/or our Social Media is void if prohibited by local law.

    5. OUR PRICES

    Any prices shown on this Website, our Shopify Platform, and our Social Media are in Australian dollars inclusive of GST. 

    We reserve the right to amend the prices (including delivery charges) payable for our Products at any time without advance notice, with any such changes to be effective immediately upon posting to our Website, our Shopify Platform and/or our Social Media. However, the prices for Products will not change in respect of any orders that have already been processed by us.

    If there is any errors or inconsistency in respect of the prices shown in our catalogues, emails or any other promotional material, the Website, our Shopify Platform, or our Social Media (including due to human or typographical error), Florcita reserves the right to nominate which price the Product will be sold for and Florcita will not be held liable or responsible in any way for the error.

    Florcita does not provide any price guarantees, as Products may be subject to pricing changes from time to time due to changes in manufacturing costs, ingredient availability and other reasons which may be outside of our control.

    6. OUR CONTENT

    Everything on this Website, our Shopify Platform our Social Media and the Products (including all associated intellectual property) is either owned by, or licensed to, us. This includes the design, compilation and look and feel of this Website, our Shopify Platform, our Social Media and the Products, and all copyright, trademarks, designs and other intellectual property on this Website, our Social Media and the Products.  We also own the trade marks, logos and trade names displayed on this Website, our Social Media and the Products (unless otherwise stated). 

    You must not copy, reproduce, adapt, transmit, distribute or use any of our content or associated intellectual property in any way without our express advance written permission.

    You may provide us directly with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints and other matters related to our Website, our Social Media and/or Products (Feedback). You acknowledge and agree that: 

    a) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; 

    b) we may have development ideas similar to the Feedback; 

    c) Feedback does not contain confidential information or proprietary information from you or any third party; and 

    d) we are not under any obligation of confidentiality with respect to the Feedback. 

    In the event the transfer of the ownership in or to the Feedback is not effective, you hereby grant Florcita and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.

    7. THIRD PARTY INFORMATION  

    In some cases, information about the Products that are sold on the Website has been supplied or sourced from third parties (Third Party Information).

    You agree and acknowledge that where the Website sets out Third Party Information, that Third Party Information is being made available by us to you as a free service for your convenience only. Whilst we will not knowingly provide incorrect information, any reliance on Third Party Information is entirely at your own risk. 

    8. ORDERING THROUGH FLORCITA

    When you place an order with Florcita, it is an offer by you to purchase a particular Product or Products for the specified price shown on the Website, our Shopify Platform or Social Media at the time of the order and in accordance with these Terms. 

    When placing an order through Florcita, you will be required to verify that you are 18 years of age or over and you further warrant that all details you provide are true and correct. 

    Florcita reserves the right to reject your offer to purchase our Products for any reason whatsoever, including but not limited to a failure to verify (in a form that is acceptable to us) that you are 18 years or over, error in Product descriptions, purchases of more than normal retail quantities and Product unavailability. Under such circumstances, Florcita may contact you to make alternative arrangements.

    Florcita further reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Website, our Shopify Platform or our Social Media is incorrect or inaccurate at any time without prior notice (including after you have submitted your order).

    9. ADDRESS FOR DELIVERY 

    Unless otherwise specified, and subject to any limitations under our liquor licences, Florcita currently offers delivery in New South Wales, Victoria, Tasmania, Queensland, Western Australia, Australian Capital Territory, Northern Territory and South Australia.

    You are solely responsible for ensuring that you have included the correct shipping details and address when placing your orders for Products. 

    Title to and risk in the Products will pass to you upon delivery of the Product to your specified delivery address (including by contactless delivery if applicable).

    10. DELIVERY TIMES

    We endeavour to dispatch orders within two business days after the placement of the order, however, this is an estimate only and there may at times be a delay in dispatching your order (for example during peak times or in the event of unforeseen or unavoidable circumstances outside of our reasonable control).

    We engage third party carriers to deliver your Products to you (Delivery carriers). We make no guarantees as to the expected delivery times for your Products post-dispatch or with respect to the delivery services of such Delivery carriers. 

    We are unable to deliver outside of our licensed trading hours (which times/dates as may vary between states and specific locations). Please see our website for delivery hours.

    11. DELIVERY RESTRICTIONS

    We reserve the right to set a minimum order value at any time (and vary this limit from time to time).

    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.

    Deliveries will not be left unattended.

    We (and our third party carriers) may refuse to deliver Products to you for any reason, including where the delivery address is not a private residential or business address, or is in an alcohol-free zone, alcohol prohibited area, or alcohol restricted area, or where you fail to verify (in a form that is acceptable to us) that you are 18 years or over.

    12. RESPONSIBLE SERVICE OF ALCOHOL (RSA) - RIGHT TO REFUSAL OF DELIVERY

    Florcita takes the Responsible Service of Alcohol (RSA) very seriously. We have an obligation to ensure and facilitate the RSA and, in some circumstances, we may have to refuse a service to someone to meet our obligations. We reserve the right to not deliver your order if we (including our Delivery carriers) reasonably consider any delivery circumstances are unsuitable, including for any of the following reasons:

    • The nominated recipient of the ordered Product(s) appears to our Delivery carrier to be intoxicated or abusive.

    • The nominated recipient is under the age of 18 or appears to be acting for or on behalf of a person who we consider to be unsuitable to accept the delivery for any reason (including because they are under the age of 18). We will always err on the side of caution in the interests of safe and responsible service of alcohol and as such we will ask for proof of age identification if you appear to be under the age of 25.

    • The nominated recipient is not present or is unable to present photo ID, or an acceptable form of photo ID.

    • The nominated recipient is wearing school uniform or appears to be acting on behalf of someone wearing school uniform.

    • Order limits – we may limit or prevent you from ordering (or we may cancel (and refund, if applicable) your order) if you have reached or exceeded certain ordering thresholds as imposed by us in our absolute discretion from time to time.

    13. RETURNS POLICY – CANCELLATION BY YOU

    Orders for Products cannot be changed (including, without limitation, changes to your shipping address) or cancelled once the order has been processed by us. 

    Change of mind

    Unfortunately, we cannot accept the cancellation of orders, or the return of any of our Products (nor provide a refund) simply because you have changed your mind. Please choose carefully before submitting an order.

    Refundable Products

    Subject to these Terms, we accept returns and will offer a refund or exchange (up to the amount paid for the original Product) for Products returned to us within 10 business days from the date of the delivery of the Product(s) (Return Period) in the following situations:

    a) the Product is return to us unopened and in its original condition (including the packaging);

    AND

    b) the Product arrived damaged or faulty in transit;

    c) the Product is the subject of a recall;

    d) you have received the wrong Product due to a mistake on our end and the Product you received is unopened, undamaged, in the original packaging and is in saleable condition; or

    e) the Product was undelivered or lost in transit.

    Notwithstanding the above, Products returned to us after the Return Period will not qualify for a refund or exchange unless otherwise approved by us in writing. 

    Non-refundable Products

    Unfortunately, we cannot accept the return of any of our Products (nor provide a refund or exchange) in the following situations:

    a) you have not submitted a claim to us and returned the Product within the Return Period;

    b) you have opened the Product;

    c) you have changed your mind about the Product(s); or

    d) your shipping address was incorrect.

    How to submit a request for Refund:

    To request a refund, please contact us via our Contact Us page or by email at hello@florcita.com.au and comply with our requests (which may include sending order details, receipts, and/or photographic proof of damaged Products and/or other information as is reasonable to support your claim). 

    If you are not sure whether you are entitled to a refund or exchange, please contact our Customer Service via our Contact Us page by email at hello@florcita.com.au and we will work with you to resolve the issue. 

    Upon accepting a request for return our Customer Service team will issue you with a return number and details for returning the Product to us. 

    You will be responsible for the cost of returning the Product to us unless otherwise stated or notified by us in writing. 

    Consumer Law Guarantees

    Our Products also come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010) (ACL), 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.. 

    If you receive Products from us that do not comply with the ACL, you must contact our Customer Service team or by email us via hello@florcita.com.au with proof of purchase (i.e. a receipt) and follow our instructions for the return of the Product to us for inspection (at your cost) (Disputed Product).

    Upon inspection, if we consider that the Disputed Product has a major failure under the ACL, we will provide you with a replacement or refund for that Product (at your election) and any compensation to which you are entitled under the ACL for any other reasonably foreseeable loss or damage.

    Upon inspection, if we consider that the Disputed Product provided to you has a minor failure, we will provide you with a replacement or refund for those Products (at our election).

    To the extent permitted by law, Florcita reserves the right not to offer an exchange, refund or repair where the item fault is a result of misuse or neglect by you.

    14. CANCELLATIONS BY US

    Florcita reserves the right to cancel any order at any time before completion of the delivery in whole or in part, with or without reason. We will endeavour to give you reasonable notice of the cancellation and a refund by contacting you via phone, text or email.

    Subject to these Terms, if any payment has been taken for the cancelled order, then the full amount, including any bank fees and charges, will be refunded to your original payment method or through an alternative means where we agree.

    15. SUBSTITUTION OR MISSING ITEMS IN YOUR ORDER

    You acknowledge that a Product that you order may be out of stock or temporally unavailable. If this happens, then we will not be able to provide you with that Product. If a Product is out of stock or unavailable, we will endeavour to contact you to seek your instructions in respect of the order.

    If there are missing items from your delivery, please contact us via the Contact Us page or via email at hello@florcita.com.au. Our Customer Service Team may request proof of purchase, such as a receipt. If we are reasonably satisfied that the Product(s) was not delivered to you, we will happily provide you with a refund or exchange. 

     

    16. LIQUOR LICENCES

    Florcita Tequila Pty Ltd supports the responsible service of alcohol. The sale of alcohol from this platform is between you (the customer) and Florcita Tequila Pty Ltd and is made at the licensed premises attached to the liquor licence where your order was accepted by Florcita Tequila Pty Ltd. 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. 

    New South Wales

    WARNING: Under the Liquor Act 2007 (NSW), it is an offence to sell or supply to, or to obtain alcohol on behalf of, a person under the age of 18.  In NSW the purchase of liquor is made at the licensed premise attached to licence no. LIQP770018410.

    Victoria

    WARNING: Under the Liquor Control Reform Act 1998 (VIC), it is an offence to supply or deliver alcohol to a person under the age of 18 years. It is an offence for a person under the age of 18 years to purchase or receive liquor.  In VIC the purchase of liquor is made at the licensed premise attached to licence no. LIQP770018410.

    Tasmania  

    WARNING: Under the Liquor Licensing Act 1990 (TAS) it is an offence to deliver liquor to a person under the age of 18. It is an offence to supply liquor to a person under the age of 18.  Liquor is not to be purchased by a person under the age of 18.  In TAS the purchase of liquor is made at the licensed premise attached to licence no. LIQP770018410.

    Queensland

    WARNING: Under the Liquor Act 1992 (QLD), it is an offence to sell liquor to a minor.  In QLD the purchase of liquor is made at the licensed premise attached to licence no. LIQP770018410.

    Western Australia

    WARNING: Under the Liquor Control Act 1988 (WA) it is an offence to sell or supply liquor to a juvenile (someone under the age of 18 years) at an unlicensed premise.  In WA the purchase of liquor is made at the licensed premise attached to licence no. LIQP770018410.

    Australian Capital Territory

    WARNING: Under the Liquor Act 2010 (ACT), it is an offence to supply liquor to a child or young person (someone under the age of 18 years).  In the ACT the purchase of liquor is made at the licensed premise attached to licence no. LIQP770018410.

    Northern Territory (NT)

    WARNING: Under the Liquor Act 2019 (NT), it is an offence to serve or supply liquor to a child.  In NT, the purchase of liquor is made at the licensed premise attached to the below licence: Licence no. IRL0229.

    South Australia (SA)

    WARNING: Under the Liquor Licencing Act 1997 (SA): a person who supplies liquor to a minor is a guilty of an offence. A minor who consumes or is in possession of the liquor is guilty of an offence.  In SA, the purchase of liquor is made at the licenced premise attached to Licence no. 57900332.

    17. OUR LIABILITY TO YOU 

    To the maximum extent permitted by law:

    a) all warranties, representations, conditions, rights, remedies, liabilities and other terms implied by law are excluded from these Terms;

    b) this Website, our Shopify Platform and our Social Media are provided on an "as is" basis;

    c) Florcita does not promise this Website, our Shopify Platform and our Social Media (or your access to them) will be uninterrupted or error-free, that any defects will be corrected, or that this Website, our Shopify Platform and/or our Social Media are free of viruses or any other harmful components;

    d) Florcita makes no warranties, representations or guarantees of any kind, either express or implied, in connection with the quality, reliability, suitability, availability, accuracy, correctness, completeness, impact or performance of this Website, our Shopify Platform and our Social Media, on any content, suggestions and recommendations provided on this Website, our Shopify Platform and our Social Media, or the Products; 

    e) Florcita makes no warranties, representations or guarantees of any kind, either express or implied, in connection with the expected delivery times for your Product(s) or with respect to the delivery services of Delivery carriers;

    f) Florcita is not liable for any loss, cost, damage or claim suffered, incurred or accrued by you or any other person (including, without limitation, any indirect or consequential loss) arising in connection with, or as a result of, the use of this Website, our Shopify Platform or our Social Media, reliance on any content, suggestions and recommendations provided on this Website, our Shopify Platform or our Social Media, delivery or non-delivery of our Products by third party carriers, Delivery carriers, use of our Products or the unavailability of any of our Products; and

    g) where liability is unable to be excluded by law, Florcita’s maximum aggregate liability to you for all losses, costs, damages and claims suffered, incurred or accrued by you arising in connection with, or as a result of, the use of this Website, our Shopify Platform or our Social Media, reliance on any content, suggestions and recommendations provided on this Website, our Shopify Platform or our Social Media, use of our Products or the unavailability of any of our Products, is limited to the amount paid by you for the Products to which the loss, cost, damage or claim relates or $100.00, whichever is the lower amount.

    Florcita has made every effort to display its Products and other information on this Website, our Shopify Platform and our Social Media as accurately as possible. But things change from time to time, and so we may need to correct statements and representations made on this Website, our Shopify Platform, our Social Media and our Products.  Additionally, information about our Products appearing on any website (including this Website), on our Shopify Platform, on our Social Media may contain minor technical inaccuracies or typographical errors or omissions. To the maximum extent permitted by law, Florcita is not responsible for any such typographical, technical, or pricing errors or omissions.

    18. INDEMNITY 

    You indemnify and hold us and our related entities, affiliates and our respective officers, agents, Delivery carriers and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

    19. CHANGES

    We may from time to time make changes to these Terms, and it’s your responsibility to ensure that you check these Terms each time you visit our Website, access our Shopify Platform, access our Social Media or purchase our Products.  Your continued use of this Website, our Shopify Platform, our Social Media or continued decision to purchase additional Products means that you have accepted any changes we have made to these Terms.  

    We reserve the right to discontinue any of our Products at any time.

     

    20. GENERAL 

    Assignment: You may not assign any of your rights or obligations under these Terms without prior written consent. 

    Access: This Website, our Shopify Platform and our Social Media will usually be available 24 hours a day, seven days a week.  However, sometimes this Website, our Shopify Platform or our Social Media will be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages and will try to keep interruptions to a minimum. 

    Cookies: This Website, our Shopify Platform and our Social Media may use cookie technology in order to provide information and services to website visitors. Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes and are a necessary part of facilitating online transactions.  Most web browsers are set to accept cookies.  Cookies are useful to estimate our number of users and determine overall traffic patterns through our Website, our Shopify Platform and our Social Media.  If you do not wish to receive any cookies you may set your browser to refuse cookies, however you will not be able to take full advantage of the services available on our Website, our Shopify Platform and our Social Media.

    Links to other sites: This Website, our Shopify Platform and our Social Media may contain links to other websites which are owned by third parties, such as our partners and supporters. These links are provided solely for your convenience and are not an indication that we endorse the products or services that are provided by that website.  When accessing third party sites and using those products and services, you agree and undertake to do so at your own risk.

    Severability: If any term of these Terms is void, unenforceable or illegal, that term is severed. The remainder of these Terms has full force and effect.

    Governing law: These Terms are governed by the laws in force in the State of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia and any courts which may hear appeals from those courts.

    Interpretation: Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms. Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership. References to includes or including or like words or expressions shall mean without limitation.

    Contact us: If you have any questions or complaints, please contact us at:

    Mail: 107/56 Bowman Street, Pyrmont, NSW 2009

    Website: www.florcita.com.au

    Email: hello@florcita.com.au

    Phone: 1300 837 845

    Last updated: 7 November 2024