Terms and Conditions

Liquor Act 1982
In order to access this site, you must be of legal drinking age in your country. In Australia it is an offence to sell supply or to obtain liquor on behalf of a person under the age of 18 years.


Introduction

This Site is to be used by You for Your personal use only.  Commercial uses of this Site are strictly prohibited unless prior written consent from The Distinct Whiskey Company has been granted.  You agree that You will not use this Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.  In addition, you agree not to create a hypertext link from any web site controlled by You or otherwise, to this Site without the express written permission of The Distinct Whiskey Company. 
You agree that You will not use any automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless you obtain The Distinct Whiskey Company’s prior express written consent.  You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site.  You agree that You will not provide to The Distinct Whiskey Company and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for The Distinct Whiskey Company or cause or cause The Distinct Whiskey Company to lose (in whole or in part) the services of our suppliers.     


Trademarks

The trademarks, logos and service marks and trade dress displayed on this Site (collectively, the “Trademarks”) are registered and common law Trademarks of The Distinct Whiskey Company, its affiliates and various third parties.  Any reproduction or use of any of the contents of this Site without the express written consent of The Distinct Whiskey Company is prohibited.  Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of The Distinct Whiskey Company or such other party that may own the Trademarks.


Copyright

This site, including each of its modules, is the copyrighted property of The Distinct Whiskey Company and/or its various third party providers and distributors.  This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of The Distinct Whiskey Company.  Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.  You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials.  The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.

 

Notice and Procedure for Making Claims of Copyright Infringement

The Distinct Whiskey Company respects the intellectual property rights of others.  If you think that you work has been copied in a manner that constitutes copyright infringement, please provide our legal department with the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
    Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you that your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

 

Advertising Disclosure, Accuracy

Production descriptions posted on our product pages are the representations of our suppliers.  The Site may contain technical inaccuracies or typographical errors or omissions.  The Distinct Whiskey Company is not responsible for typographical, pricing, product information, advertising or shipping errors.  Advertised prices and available quantities are subject to change without notice.  The Distinct Whiskey Company reserves the right to make change, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.


Exclusion of Warranty, Disclaimer

You agree that you use the site at your own risk.  The site, and any related information contents and/or materials are provided on an “as is” basis without warranties of any kind.  The Distinct Whiskey Company hereby disclaims all warranties , either express or implied, including but not limited to: warranties of title or implied warranties of merchantability; fitness for a particular purpose; non-infringement ; and those arising by statute or otherwise in law or from a course of dealing or usage of trade; other than those warranties which are imposed by and incapable of exclusion , restriction, or modification under the laws applicable to this agreement.


Governing Law

Any disputes arising our of or related to this Site shall be governed and construed and enforced in accordance with, the laws of the State of Florida.


Acceptance

BY ACCESSING USING, VIEWING, TRASMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (“AGREEMENT”) WITHOUT MODIFICATION.

 

 

Information Collection and Use

The Distinct Whiskey Company is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in any way that varies from what is disclosed in this statement. The Distinct Whiskey collects information from our users at several different areas on our site.
You may receive information regarding new features, services and special offers we think you'll find valuable.
You may access the personal information you have submitted to The Distinct Whiskey Company by selecting Your Account” and editing the information as it exists in our system currently. You are also able to access your information in order to update or delete it by sending us an email at privacy@distinctwhiskeycompany.com

 

Registration

No registration is required in order to use this website, though a user must create an account prior to completing any purchase. Users are required to provide their name, date of birth, email address, zip code, and a password of 5-16 characters in length. This information is necessary in order for us to contact users about services on our site for which they have expressed interest. It is optional for the user to provde a phone number, but we encourage you to do so in order to have an alternate means of contact regarding an order.

 

Ordering

The Distinct Whiskey Company order forms request data from users including: Contact information such as name and shipping address; financial information such as credit card number, expiration date, billing address, and billing phone number. This information is used for billing purposes to verify that the customer is of legal age, and to fill customers' orders. If we encounter difficulty when processing an order, this contact information is used to contact the user. This information is harvested from a secure area and encrypted for our customers' protection. It is not sold or shared with anyone else under any circumstances.

 

Gift Recipients

We collect contact information, such as name, shipping address and phone number, for gift recipients to ensure correct gift delivery. We do not sell, share or rent any contact information for gift recipients with third parties. We do not sell or rent any personally identifiable information that you provide to us regarding gift recipients, but they may receive offers from us highlighting new features, new products and services and special offers we think they will find of interest. Also we may send marketing offers to gift recipients on behalf of ourselves and our business partners. In connection with such offers, we allow gift recipients to opt out of receiving future marketing-related mailings from us.

 

Cookies

A cookie is data stored on the end-user's hard drive with information that relates directly to the end-user's visit to our web site. Any information placed in the cookie is accessible only to The Distinct Whiskey, and will not be sold or shared with anyone else under any circumstances. We use a cookie to store a unique session identifier, which allows us to maintain the shopping cart and state selections from one page request to the next, and maintain session information from one visit to the next. By setting a cookie on our site, the user would not have to log in more than once, thereby saving time while visiting our site. If a user rejects the cookie, the user will be unable to log in or make a purchase. Cookies also enable us to track and target the interests of our users to enhance users' experience and display products that relate directly to individual user preferences. Cookies are tied to personal information but the information collected through cookies is never shared with third parties.
Some of our business partners (e.g., advertisers, tracking utility services) use cookies on our site. We have no access to or control over these cookies.

 

Log Files

We use IP addresses to analyze trends, administer the site, track users' movement and gather demographic information for aggregate use. IP addresses are not linked to personally identifiable sites.

 

Sharing

We will not sell, share, or rent this information to others in any way that varies from what is disclosed in this statement.
The Distinct Whiskey will share aggregated demographic information with its partners and advertisers. This is not linked to any personal information that can identify any individual person.
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
We deeply understand the value your privacy at The Distinct Whiskey Company, and will never release any account information to anyone outside of the necessary core groups that help our business function unless our customers give us the authority to do so.

 

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

 

Links

This web site contains links to other sites. Please be aware that The Distinct Whiskey Company is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

 

Emails

If a user wishes to subscribe to our emails we ask for contact information such as name and email address. We may use your personal information for purposes other than sending you promotional materials. For example, we may use your information to complete transactions requested by you, or to send you administrative communications about any account you may have with us or about future changes to this Privacy Policy. If at any time you should wish to unsubscribe, please email us at Security

When our order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted with the best encryption software in the industry - SSL (Secure Socket Layers) provided by VeriSign, the premier encryption Software Company available today. On a secure page such as our order form, the lock icon on the bottom of Web browsers' switches to locked, as opposed to unlocked mode, and back to open mode when you are just browsing.
We also do everything in our power to protect user data offline. All sensitive information is restricted in our offices. Only employees who need the information to perform a specific job (for example, a Customer Care representative) are granted access to personally identifiable information, and are required to lock their station when they leave their station.
All employees are kept up to date on our security and privacy practices. Every quarter and whenever new policies are implemented, our employees are reminded about the importance of keeping customer data secure and safe at all times. The servers with personally identifiable information are stored in a locked and secure environment.
If you have any questions about the security at our website, you can send an email to: privacy@distinctwhiskeycompany.com

 

Sale of Our Company

As a natural consequence of the development of our company, we could be sold to another company. In the event that another company acquires us or a significant portion of our assets is sold to another company, all customer data including financial records and consumer information collected on The Distinct Whiskey Company may be transferred to the new company. You will be notified via e-mail of any such change in ownership or control of your personal information.


Confidentiality
When visiting our Site, you may be invited to let us have one or more items of personal information. By items of personal information (information), is meant any information which makes it possible to identify you, in particular your name, telephone number or (postal or electronic) address. 
The Distinct Whiskey Company undertakes to treat such information as confidential to use it only within its distribution network and not to communicate it to any other party. 
You hereby agree that The Distinct Whiskey Company may use and analyse the information, but only in a general way, respecting your anonymity. 
The information will be stored in a secure way and will be used only by The Distinct Whiskey Company. 
It is possible that The Distinct Whiskey Company will contact you in the future to keep you informed of activities and new developments. If you would prefer not to be contacted, or if you would like to verify, correct, update or remove one or more of the items of information we send to you, please write to us at:

 

Member Program

As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use.


Becoming a Member or Ordering via The Distinct Whiskey Company's (DWC) Website

When making payment to become a registered Members or when placing an order with DWC via the website, you confirm that all the details that you have provided in completing the order and Membership form to purchase the Membership and any liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.

It is also clearly understood by the Member that under the Terms and Conditions of this Membership, the Membership is strictly for personal use only and not legible for trade conditions, commercial use or as a wholesale channel for on selling. This is to avoid exploitation and unfair use of Membership. The yearly subscription price is fair, inexpensive and for the honest benefit of our Members. As such, The Distinct Whiskey Company keep very strict protocol and procedural maintainence on Memberships and new Memberships.


Shipping
All delivery incurs a shipping cost as charged by Australia Post. To see what our shipping charges are please click here to view our shipping rates.


Website Content
The materials (including all software) and services at this site are provided "as is" without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. DWC's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.
DWC further does not warrant the accuracy and completeness of the materials, information or services at this Site.


DWC may make changes to the materials and services at this Site, or to the products and services described in them, at any time without notice. The materials and services at this Site may be out of date, and DWC makes no commitment to update the materials and services at this Site.


Liability Disclaimer
The Site is provided by DWC in good faith but DWC does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law.


The contents of the Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision.


To the extent permitted by law, DWC hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.


Linking to Third Party Sites
This website contains links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by DWC of the site or the products or services provided at those sites. You access those sites and use the products and services made available at those sites solely at your own risk.


Delivery of your Items
If you are not at home at the time of delivery, an ‘Article Awaiting’ card will be left in your mailbox. This card will advise the next steps required to obtain delivery of your order. Your order will not be left with persons under the age of 18 years (proof of age may be required).
Customers who are paying for their order by credit card, may request for their delivery to be left unattended, however, our carriers reserve the right to leave a call waiting card regardless of this request. The following examples highlight reasons of where a call waiting card may be left regardless of an authority to leave request:
• There was no one in attendance and no clear delivery instruction authorising us to leave the parcel in a safe place.
• Somebody was at home but they could not provide proof of age.
• There was an authority to leave (and no one answered the door), but the driver was concerned that minors were present within the vicinity of the premises (e.g. children playing inside or outside of the house).
Orders are despatched Monday to Friday. If we are in stock of your items at time of picking, we aim to dispatch your order the next business day.


We cannot guarantee or provide a day of the week or time of day for delivery.
Due to postage restrictions, goods exceeding 70% ABV (alcohol by volume) are not available for delivery.
DWC reserves the right to limit the number of products purchased to retail quantity limits. Each order may only be sent to one delivery address. If you need to send products to more than one delivery address please place a separate order for each delivery address. Once an order has been completed you are not able to change the delivery address.
Returns and refunds.


If in the event your purchase is faulty, damaged or wrongly described we will cheerfully refund your money or exchange the product. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return.


The fastest way to obtain a refund or exchange is to immediately email us, where our team will be able to assist you immediately.


In the event that your product must be returned to our warehouse, please allow 5-10 business days for your refund to be processed after the product has been received at the warehouse.
For party orders and functions and corporate events, we encourage you to work with the DWC team to help correctly cater for your needs. If, however, you find you neen to speak with one of our team, please call 0422 299 099 or 0413 595 509 for direct urgent access.


Please note that the delivery charge will be reimbursed when DWC is at fault. That is, if the wrong product is delivered or there is a fault with the product (including any damage caused in transit). In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the customer.
DWC online accepts the following forms of payment:
• Visa
• MasterCard
• Diners
• PayPal


Returns and Refund Policy
Our Returns Policy includes the rights you have under the Australian Consumer Law (see below) and provides you with additional benefits in addition to those rights, because your satisfaction is important to us.
Your rights under the Australian Consumer Law:
'Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and for 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 in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will cheerfully refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return*.
The fastest way to obtain a refund or exchange is to immediately email us, where our team will be able to assist you immediately.


** Proof of purchase must be provided to obtain a refund, limits may apply, all exchange products must be in their original condition and packaging and sent to:
The Distinct Whiskey Company
32-34 Ralph Black Drive
North Wollongong NSW 2500
Information relating the Liquor Licencing Legislation and Dan Murphy's Online is contained below.


New South Wales
Under the Liquor Act 2007, it is an offence for a licensee of licensed premises or any other person to sell or supply liquor to a person under the age of 18 years on licensed premises or elsewhere. For sales made in NSW, the sale of liquor pursuant to the offer to purchase from this website is made at our licensed premises attached to the licence numbers listed below. Your contract of sale is with Distinct Whisky Company Pty Ltd (DWCPL) as the liquor is sold from our website by our licensee on behalf of DWCPL. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the abovementioned licensed premises.


Victoria
WARNING: Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $7,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $600). For sales made in Victoria, the sale of liquor pursuant to the offer to purchase from this website is made at our licensed premises attached to the licence numbers listed below. Your contract of sale is with DWCPL as the liquor is sold from our website by our licensee on behalf of DWCPL. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the abovementioned licensed premises.


Queensland
Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years. For sales made in Queensland, the sale of liquor pursuant to the agreement to sell from this website is made at our licensed premises attached to the licence numbers listed below. Your contract of sale is with DWCPL as the liquor is sold from our website by our licensee on behalf of DWCPL. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the abovementioned licensed premises.


South Australia
Liquor Licensing Act 1997, Section 113. Liquor must NOT be supplied to persons under 18. For sales made in South Australia, the sale of liquor pursuant to the agreement to sell from this website is made at our licensed premises attached to the licence numbers listed below. Your contract of sale is with DWCPL as the liquor is sold from our website by our licensee on behalf of DWCPL. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the abovementioned licensed premises.


Western Australia

WARNING. Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises. For sales made in Western Australia, the sale of liquor pursuant to the agreement to sell from this website is made at our licensed premises attached to the licence numbers listed below. Your contract of sale is with DWCPL as the liquor is sold from our website by our licensee on behalf of DWCPL. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the abovementioned licensed premises.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

© Copyright 2013 | The Distinct Whiskey Company. All Rights Reserved.

The Distinct Whiskey Company and the DWC Device is a Registered Trademark.

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Licence Number: LIQP770010165

In order to access this site, you must be of legal drinking age in your country.
In Australia it is an offence to sell supply or to obtain liquor on behalf of a person under the age of 18 years.

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