Terms and Conditions

OVERVIEW
This website is operated by Evershine Trading Australia Pty Ltd (ABN 87 104 375 546). Throughout the site, the terms “we”, “us” and “our” refer to DMG Organic. DMG Organic 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.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), These terms and conditions including any other terms incorporated by reference (Terms) are a binding agreement between us and any person accessing the Site and/or ordering Products from the Site (referred to as person, you or your), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
Account holders must be eighteen (18) years or older, at the time of creating the Account, and have an Australian residential address. By creating an Account, you warrant that you are eighteen (18) years or older.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Our Site offers a range of products for you to purchase, including, but not limited to, wines, spirits, beers, ciders, non-alcohol beverage, low-alcohol beverage, food, gift packs, hampers and gift card (the Products). DMG Organic is authorised to sell the Products under its alcohol license. You acknowledge that it is against the law for DMG Organic to sell or supply alcohol to, or for you to obtain alcohol on behalf of, a person under the age of eighteen (18) years.
By purchasing Products from the Site, you warrant:

you are eighteen (18) years or older;
any person that you are obtaining the Products for, or supplying the Products to, is over the age of eighteen (18) years; and
you are purchasing the Products for personal use and are not purchasing any Products for any trade purposes or for resale to any third parties.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any transaction on the Site where we suspect that it is fraudulent or contrary to law. You agree to indemnify us, our employees, servants and agents from any liability, howsoever arising, which we incur as a result of your breach of this warranty.

SECTION 6 - ORDERS AND PAYMENT

To place an order for Products through the Site, you must be over 18 years of age, have an email account and a valid debit or credit card issued by a bank acceptable to us, or our payment processor.
By placing an order for any Products through the Site, you are offering to purchase the Product in accordance with our Terms. Any orders placed are subject to availability and confirmation of the price of the Products.
You must ensure that the information provided on your order is accurate. If we are unable to contact you about your order for Products, we may need to cancel your order and refund any money that you have paid.
You must follow the instructions on the Site when making an order. We will send you an email confirmation when we receive your order, usually within 30 minutes of your order. This email only acknowledges your order and does not constitute acceptance of your order.
Unless we have previously notified you that we do not accept your order for any Products, for any reason, or if you have already cancelled your order in accordance with these Terms, our acceptance of your offer to purchase the Products and the formation of a contract between us occurs when:

we approve your payment; and
we, or our payment processor, debits your account and the funds have cleared.

If any Product ordered by you is not in stock at the time of delivery, :

deliver the remaining Products to you and deliver the unavailable Product when it comes back into stock;
supply an agreed substitute Product; or
refund you the cost of the unavailable Product.

All prices on the Site are in Australian dollars and are inclusive of GST (Goods and Services Tax). Please see the shipping Information section of the Site for more information on delivery costs.
We reserve the right to vary prices on the Site without notice. We endeavour to ensure that all prices displayed are correct, but occasionally an error may occur. If we discover a pricing error, we will notify you as soon as possible and you may elect not to purchase any Products where the price has been corrected.
We may withdraw or suspend any Products from sale through the Site at any time, for any reason, either on a temporary or permanent basis. We are not liable to you or any other person for any loss suffered as a result of the withdrawal or suspension from sale of any Products from the Site at any time. We will notify you as soon as possible if any Products you have ordered are no longer available for any reason.
Our online prices may vary from our retail prices. Promotional offers and prices are as stated, with no further discounts available. The final fee payable for your order and delivery (including any applicable handling fee) is shown at the checkout (Final Fee) and any fees displayed prior to checkout are estimates only. You agree to pay the Final Fee at the time of checkout using one (1) of the payment methods provided on the Site. Your payment must be cleared before we dispatch the Products to you. If for any reason your card issuer declines your payment, we cannot hold your order and you must submit a new order.
If you place consecutive orders with us, each as separate orders, we cannot consolidate the orders and separate delivery charges will be applied to each order.
As Products purchased are for personal use and not for resale, if we have any concerns regarding the number of Product that you are purchasing from us, we may contact you regarding this at the time of or soon after you place your order for the Goods.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - DELIVERY, TITLE AND RISK
You must nominate a delivery option from the options set out on the Site and location for delivery when placing an order with us. Delivery is currently only available within Australia (and subject to any restrictions on delivery). Our Site contains information on our delivery locations but we will confirm with you whether or not we can deliver your order at the time we receive your order. If we are able to deliver your order, we will email you a tracking number at the time of shipment to allow you track your delivery.
While we aim to deliver the Products to you within the estimated delivery time set out on the Site, we cannot guarantee that the Products will be delivered within this timeframe. We do not control deliveries or delivery times once the Products have been dispatched from our warehouse. We use various third party couriers including Australia Post. If your delivery has not arrived by the estimated delivery time, please contact us to discuss the next steps. To the extent permitted by law, we will not be liable to you for any delay in delivering your Products. Processing may take longer during certain times of year. We do not process any orders for Products until our payment processor confirms that it has received payment for the Products.
You must arrange for the Products to be accepted on delivery by a person eighteen (18) years or older. If delivery is delayed due to your unavailability or refusal to accept the Products (or if you do not accept delivery of the Products within two (2) weeks of our first delivery attempt), we may:

charge you for storage fees up until the date of successful delivery; or
cancel your order (in which case we will refund you the fees paid for the Product, excluding delivery and handling fees which are non-refundable).

Title to the Products passes to you once the cleared payment of the Final Fee has been received by us. Risk to the Products passes to you once they have left our premises.
If we offer free shipping, it only applies as set out in Shipping Information section of the Site or in accordance with any other promotional offers or terms from time to time. Free shipping only applies to standard delivery in Australia and not to express shipping. Cash alternatives are not permitted when we offer free shipping. If you are eligible for free shipping, you are responsible for selecting the correct method of delivery to avail of the free shipping.

SECTION 9 - DELIVERY RESTRICTIONS
There are certain restrictions with respect to the delivery of alcohol products in states and territories of Australia. The following restrictions on delivery are in accordance with local laws. If recipients do not comply with the requirements, delivery may not be completed. We reserve the right to request evidence of identity and age of any recipients of alcohol Products to comply with obligations regarding sale of alcohol Products.

New South Wales
If the delivery is to an address in New South Wales, the Products may only be delivered to:

you; or
to another adult person at those premises who undertakes to accept it on your behalf; or
in accordance with your order.

The person taking delivery of the Products in accordance with(1) or (2) or (3) above will be required to:

sign a declaration as to their age; and
if the person making the delivery considers (at their discretion) that the recipient may be a minor, require the person taking delivery to produce evidence as to their identity and age.

This evidence will be recorded by the person making the delivery and retained for at least 1 year following the delivery. It is an offence for a minor to make a false statement or produce false evidence in respect to this requirement.

South Australia
If the delivery is to an address in South Australia, the Products may only be delivered to:

you; or
to another adult person at those premises who undertakes to accept it on your behalf; or
in accordance with your order.

The person taking delivery of the Products in accordance with(1) or (2) or (3) above will be required to:

sign a declaration as to their age; and
if the person making the delivery considers (at their discretion) that the recipient may be a minor, require the person taking delivery to produce evidence as to their identity and age.

Tasmania
If the delivery is to an address in Tasmania, the Products may only be delivered to:

you; or
to another adult person at those premises who undertakes to accept it on your behalf; or
in accordance with your order.

The person taking delivery of the Products in accordance with (1) or (2) or (3) above may be required to produce evidence as to their identity and age.

Western Australia and Northern Territory
Due to local legislation, there are certain areas of Western Australia and Northern Territory to which we are not permitted to deliver alcohol products. If you or the recipient is located in such area, we will not be allowed to deliver the Products.

SECTION 10 - CONSUMER LAW
The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties and remedies relating to our Products which cannot be excluded, restricted, qualified or modified by us (Non-Excludable Rights). Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
To the extent permitted by law, our liability to you for a breach of these Terms or the ACL will be limited to:

offering you a refund for a major failure of our Product; or
replacing the Product where it fails to be of an acceptable quality but the failure does not amount to a major failure.

Replacement Products will be shipped or of the faulty Product.
We guarantee the quality of our Products on delivery. If you are not satisfied with the quality of our Products on delivery, please contact us to discuss your options. Where applicable, we will comply with our obligations under the ACL.
To the extent permitted by law, we exclude all warranties and conditions in relation to our Products implied by law including those contained in the Sale of Goods Act 1923 (NSW) and the equivalent Sale of Goods legislation in the other states and territories of Australia.

SECTION 11 - REFUNDS AND RETURN
If your purchase is faulty, damaged, incorrectly described or breaches a consumer guarantee, we will be happy to provide you with either a refund or exchange upon presentation of your proof of purchase.
Please note that goods will not be accepted by us for a refund or exchange due to a change of mind

SECTION 12 - RECALLS
In the unlikely event that any Products are subject to a product recall, we will post a notice on our Site and will contact you (or the recipient of the Product) by the most appropriate means, including by email, SMS, telephone, instant messaging or post. We will provide you with instructions regarding next steps with respect to returning the Products, in accordance with our recall notice.

SECTION 13 - PROMOTIONS
From time to time we may run promotions for our Products in addition to the Rewards Program. These Terms will apply to any such promotions in addition to any specific terms and conditions with respect to the promotion. Unless otherwise stated, our promotions may not be available in all areas and are while stocks last. Our Site will contain further details on our promotions including the specific terms and conditions relating to these promotions.

SECTION 14 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 15 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. 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 websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 17 - PERSONAL INFORMATION PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy.
We will comply with our Privacy Policy in our collection and use of your personal information (as defined under the Privacy Act 1988 (Cth)). Your use of the Site is subject to the provisions of our Privacy Policy.
If you access third party sites through the Site, such as our payment processors, you will be subject to their privacy policies with respect to any of your personal information that you may provide to them.
If you order Products on behalf of another individual, you agree to obtain the consent of that person to the provision of their personal information to us.

SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements. We will not be liable if this Site is unavailable at any time for any period.

SECTION 19 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall DMG Organic, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless DMG Organic and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 22 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 24 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 25 - GOVERNING LAW
These Terms are governed by the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.

SECTION 26 - EXCLUSION OF LIABILITY
To the extent permitted by law, we exclude liability arising from or in connection with:

any adverse effect caused by the consumption of our Products due to an allergic reaction. You are responsible for reviewing the Product label for allergen information and determining if the Product is suitable for your consumption; and
direct or indirect damages and consequential losses suffered as a result of fraudulent credit card use.

While we use our best efforts to ensure that the content on the Site is complete, accurate and up-to-date, to the extent permitted by law, we make no representations or warranties regarding it and we are not liable for any content which is inaccurate or out-of-date.
We reserve the right to vary, modify, change or discontinue the Site or any part of the Site without notice and without incurring any liability.

SECTION 27 - LICENSE
We own or are licensed all right, title to and interest in the Site including all content, text, images, trade marks and logos displayed on the Site (DMG Organic IP). We grant you a limited, personal, revocable, non-exclusive, non-transferrable and non-sublicensable licence to use the DMG Organic IP for the sole purpose of accessing the Site in accordance with these Terms. You acknowledge that other than the express licence granted to you in this clause, you obtain no other rights, implied or otherwise, in respect of the DMG Organic IP.

SECTION 28 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 29 - ACCOUNT DETAILS
You are responsible for the safekeeping of your user name and password for your Account. You are liable if your account is misused by any unauthorised person.

SECTION 30 - CONTACT INFORMATION AND COMPLAINT

We operate a compaints handling procedure to try to resolve any disputes with our customers. If you have any complaints, please contact our customer service team at accounts@evershine.com.au
Questions about the Terms of Service should be sent to us at accounts@evershine.com.au.

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Terms and Conditions