4 PINES BREWING COMPANY – TERMS OF USE

Welcome to our website and online store! 4 Pines Brewing Company and its associates provide our products and services (Products) to you subject to these terms and conditions (Terms). These Terms apply whenever you visit or shop on our site, so please read them carefully. These Terms apply in addition to our Privacy Policy. If you have any questions please contact our support staff by clicking on the “Contact Us” link in the menu below or email us at merchstore@4pinesbeer.com.

ORDERS, PRICING & TAX

By placing an order for Products you agree to these Terms, make an offer to buy the Products for the stated price (plus any applicable delivery charges and other costs) and warrant that the Products are for domestic, non-commercial use and will not be on-sold or replicated. We will be deemed to formally accept your offer when your payment has been approved by us and, until acceptance, we may reject your order for any reason in our discretion. You are responsible for checking the size and other specifications for Products you order are correct, and by submitting an order you represent that all variables in the order are correct. Prices for Products are shown on this site in Australian dollars and inclusive of GST. We may change the prices at any time without notice and you are responsible for paying any applicable taxes. All Products purchased are made pursuant to a shipment contract, which means that the risk of loss and title for items pass to you upon our delivery to the carrier.

YOUR CONSUMER RIGHTS

Your purchase of Products are covered by laws, including the Australian Consumer Law and similar state and territory laws which require that certain goods and services purchased in Australia come with guarantees which cannot be modified or excluded (Consumer Guarantees). Information about the Consumer Guarantees can be found on the Australian Competition and Consumer Commission website. If we are liable for breach of the Consumer Guarantees our liability is to the fullest extent permitted by law limited to: for goods, replacing or repairing goods, supplying an equivalent item or paying the costs or replacing, repairing or hiring an equivalent item, and for services re-supply or payment of the cost of re-supply of the services.

CANCELLATIONS & REFUNDS

You may cancel an order at any time before it has been accepted by us as described above. Subject to the Consumer Guarantees, you cannot cancel an order after it has been accepted by us as described above and we will not be liable to you or anyone else for any loss, cost or expense suffered or incurred due to an order being canceled after it has been accepted by us, or for incomplete or inaccurate information included by you in an order.

PAYMENT & DELIVERY

You must pay for Products as directed when submitting an order. We may be unable to, or decline to, accept your payment for various reasons including where our payment provider declines your payment or our systems are down. If your payment is declined we will place your order on hold while we make reasonable attempts to resolve the issue and if the issue cannot be resolved within a reasonable time we may cancel your order. Subject to the Consumer Guarantees and other applicable laws, we will not be liable to you or anyone else for any loss, cost or expense suffered or incurred due to unauthorized payments.

DISCOUNTS & PROMOTIONS

We may offer discounts and promotions from time to time, in our discretion, and when we do so such discounts and promotions may be offered subject to additional terms and conditions notified at the time which apply in addition to these Terms.

WEBSITE & PRODUCT INFORMATION

Subject to the Consumer Guarantees and other applicable laws, all information on our website is provided “as is” without any express or implied warranties, and you use our website at your own risk, we do not guarantee that information is accurate, complete or current or that our website will be free from errors, omissions, viruses, bugs or defects, or be uninterrupted or secure. Any third party website linked to is subject to terms provided by that third party and we are not responsible for your use of such sites.

You are responsible for maintaining the confidentiality of your account and password facilities we may make available on our site and you are responsible for all activities that occur under your account. If you are under 18, you may use our website only with involvement of a parent or guardian and we reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

REVIEWS & COMMENTS

We may make review, comment and other content posting functionality available on our site for users to submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or spam or otherwise infringe theses Terms. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of contact information or content. We reserve the right to remove or edit such content. If you post content or submit material, unless we indicate otherwise, you grant us and our associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us, our associates and sublicensees the right to use the name you submit in connection with such content. You indemnify us, our associates and sublicensees from and against any loss, damage cost or expense however caused, whether in tort, contract or otherwise, suffered or incurred by us, our associates and sublicensees resulting from your use of our website or content you supply (and we hold this indemnity on trust for our associates and sublicensees).

OUR MATERIAL

All intellectual property rights and other rights in information, software and materials made available on our website is owned by or licensed to us (Our Material). You may access and use Our Material only to the extent required for you to use our website for proper purposes, and you must not modify, translate, reverse engineer, decompile, disassemble or create derivative works of Our Material.

LIABILITY

Subject to the Consumer Guarantees and other applicable laws, all guarantees, warranties and representations relating to these Terms or subject matter not contained in the Terms are excluded to the maximum extent permitted by law, and we will not be liable to you or any other person for any loss, damage cost or expense however caused, whether in tort, contract or otherwise, suffered or incurred by you or any other person for any reason, including use of our website.

GENERAL

These Terms are governed by the laws of New South Wales, Australia and each party irrevocably and unconditionally submits to the non‑exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts. You may not assign any rights contained in these Terms, but we may do so. We may changes these Terms from time to time and any such changes will take effect from the time they appear on our website. A reference to a person, our associates and sublicensees includes a partnership, joint venture or corporation and includes the person’s legal personal representatives, successors, assigns and persons substituted by novation. Words used in these Terms in the singular include the plural and vice versa and a reference to ‘including’ is to be read without limitation. If you breach any provision of these Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of our website and, in any event, we may terminate these Terms (and your right to use our website) at any time and for any reason without prior notice to you.