COLLECTION OF PERSONAL INFORMATION
INFORMATION THAT WE COLLECT
The Big Group will only collect information about you when you provide it to us, and we only collect information to provide better services to all of our users and customers.
We collect information in two ways:
— Information you give to us directly. This information typically includes: your name, email address, first name, surname, address, year of both, postcode, domain name, and may also contain your username or any other information required to process an order through the Site.
— Information we collect through your use of our services. This includes information collected by our server, including the internet protocol (IP) address used to connect your computer to the Internet, operating system and platform, the average time you spend on thebiggroup.com.au, pages visited, information searched for, average access time, and websites you have visited previously, as well as other relevant statistics; cookies and other anonymous identifiers, which we send to your computer’s browser for record-keeping purposes.
HOW WE USE YOUR INFORMATION
We may use the information you give to us directly to:
— deliver products to you, to collect payments and to manage your account, to market to you directly, as well as provide you with information about our products and services, and to notify you of changes to our products and services;
— contact you about new products, projects or seasonal promotions. If you wish not to receive such communications, you can unsubscribe by sending an email to email@example.com. You can also unsubscribe from the mailing list by clicking on the unsubscribe link that can be found in all communication emails that are sent;
— provide, maintain, protect and improve our services, to develop new ones, and to protect our services and our customers. We may also use this information to offer you tailored products, projects or seasonal promotions;
— we may use the information we collect through your use of our services to:
— measure the use of the Site and to administer and improve the Site. This statistical data is interpreted by The Big Group in its continuing effort to improve the Site and your shopping experience.
— gather information on which web pages are visited and how often, to make the Site more user friendly, and to give you a better experience when you return to the Site.
— we may combine the information you give to us directly with the information we collect through your use of our service. In delivering our products or collecting and using your personal information, we may be required to disclose some of your personal information to third party organisations, including external service providers; our legal, accounting, financial or other professional advisors; and regulatory or government authorities as required by law.
The Big Group uses a number of security measures to protect the information you provide to us. We protect your personal information by:
— restricting internal and external access to your personal information; and
— maintaining our technology systems to prevent unauthorised computer access; and
— ensuring that third parties that require access to your information, including organisations outside Australia, take such steps as are reasonable to ensure that they do not breach our privacy obligations; and
— securely destroying your personal information when your personal information is no longer needed.
When purchasing from us, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.
The Big Group uses the latest, industry standard 128-bit SSL (secure sockets layer) encryption technology to transmit and encrypt all credit information into The Big Group’s databases.
ACCURACY AND RETENTION
You are entitled to remove your name from our database at any time by contacting firstname.lastname@example.org.
For more information regarding privacy issues in Australia, please visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au
TERMS OF SALE PAGE
The use of this website is governed by these terms and conditions, which may be amended by us from time to time. Every time you use this website, you acknowledge to us that you have read these terms and conditions and agree to be bound by them.
You may only use this website if you are aged 18 years or over or otherwise over the legal drinking age in your country of residence. You must immediately exit the website if you do not meet these requirements. Persons under 18 years of age are not permitted to place orders for alcohol.
WARNING - VIC Liquor Control Reform Act 1998
It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000), and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).
TERMS OF SALE
By entering your details to make a purchase, you are offering to make a contract to purchase goods from The Big Group Pty Ltd, ABN XXXXX (referred to herein as ‘The Big Group’). If The Big Group accepts your offer, the goods will be sold on the basis of the terms and conditions set out below.
The contract is made at our licensed premises, 38-40 Cubitt Street, Cremorne VIC 3121, Australia, from where the goods will be dispatched under our Liquor Licence no. XXXX.
NATURE OF THE CONTRACT
You are able to use the The Big Group website (or email, telephone or other method) to place an order for goods. The contract between you and The Big Group for the supply of those goods (“the Contract”) only comes into existence when The Big Group accepts your order. The Big Group will notify you of acceptance and no obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract.
Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication permitting the cancelled Order. If your Order is not accepted, we will notify you by telephone or email and, if applicable, arrange for a full refund of any payment made by you to be processed.
All orders will be processed and dispatched once payment has been made and verified prior to delivery. Any unpaid orders will be cancelled and void. The Big Group will not be obliged to continue to deliver goods to you if your delivery address is not in an area within which The Big Group delivers goods. The Big Group will not deliver to a PO Box.
The goods will not be delivered to persons under the age of eighteen (18) years. The Big Group may request that the person who receives the goods provide satisfactory evidence of proof of age. The Big Group will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. The Big Group is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered: to the adult person who placed the order, or to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or if delivery takes place on a day following the placing of an order, in accordance with the customer’s instructions but always to a person over the age of 18 years. Anyone at the nominated delivery address who receives the goods shall be presumed by The Big Group to be authorised to receive the goods. While The Big Group will use all reasonable endeavours to deliver by any requested or agreed date, it does not guarantee delivery on that date and is not liable for any Loss resulting from late delivery.
All products are offered on a first-come, first-served basis, subject to remaining unsold stock and to our confirmation. Any representations made at any time about stock availability are accurate to the last known stock level and are subject to change. If we cannot supply particular goods, we will notify you by telephone or email as soon as possible and may offer you a substitute food or wine of at least equal quality. If you do not accept a substitute product and your credit card has been charged for wine that is out of stock, The Big Group will cancel your order and issue a credit to your credit card account in the amount charged.
You undertake to inspect all goods upon receipt of delivery/collection and to immediately notify The Big Group and the carrier forthwith of any shortage or damage or other deficiency. The Customer will be deemed to have accepted the goods as satisfying its order after receipt of delivery/ collection and Customer sign-off on the delivery order, and thereafter will not be entitled to reject the goods for any reason. If you receive a case of wine with one or more broken bottles, The Big Group will issue you a refund in the amount paid for the broken bottles or send replacement bottles if available. The Big Group may ask you to provide proof of the damage, as a condition of refund or replacement.
Wines may age and mature in different ways which may not appeal to all tastes, and some vintages may deteriorate in quality and in the reverse, younger vintages have yet to mature in quality. As such, we regret that given the nature of the wines we sell we do not provide refunds for corked wines as purchased as drinkability and taste are subjective judgements and can be affected by factors such as, but not limited to, the above.
The quoted price includes Australian Goods & Services Tax (GST), but does not include the delivery fee (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the applicable delivery fee. Prices stated are in Australian dollars. Prices are subject to change without notice. The price payable for the goods is the price applicable on the date when The Big Group confirms your order.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. You may use your credit card (MasterCard, Visa, American Express) to pay for your order. Payment by direct debit or cheque will only be accepted at The Big Group’s discretion. Delivery will not commence until payment has been processed/validated.
PROMOTIONS & CLEARANCES
All specials, promotions, clearances, offers and discounted items advertised on the The Big Group website are available only while stocks last unless otherwise advertised.
Restrictions on the carriage or possession of alcohol are in place in some regions of Australia. If you live in an area which is the subject of such restrictions, it is your responsibility to be aware of the extent of such restrictions and the legal implications of these restrictions prior to proceeding with your alcohol purchase from The Big Group. The Big Group is not liable for any confiscation of alcohol and / or financial or other penalties arising from the breach of such restrictions caused by the attempted delivery by The Big Group of your order.
You are responsible to maintain the confidentiality of your password. You are also responsible for, and indemnify The Big Group in relation to, any and all activities that occur using your password, including in relation to your personal information. You must immediately notify The Big Group of any unauthorised use of your logon or password or any other breach of security of which you become aware. Please contact email@example.com for any issues concerning your password.
The Big Group may give notice to you by electronic mail or by regular mail, including but not restricted to Newsletters, to your address contained in the registration or other information provided by you.
The Big Group is committed to protecting the privacy of individuals’ personal information. The Big Group reserves the right to disclose information regarding users of the The Big Group service to third parties, provided that the information will not specifically identify you or any personal information supplied by you. For more information please visit our Privacy Page.
Unless expressly stated otherwise, all intellectual property rights appearing on this website (such as names, trademarks, logos and copyright material) are owned by us and/or our related companies. You must not use that intellectual property in any way whatsoever, except as expressly permitted by us in writing. The Big Group does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. The Big Group is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of the The Big Group website remains with you. You also waive any and all claims that you may have against The Big Group otherwise arising out of or in relation to your use of this website. By supplying The Big Group with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold The Big Group responsible for any breach of security unless The Big Group are found to have been negligent or in wilful default of our duties to you.
LIMITATION OF LIABILITIES
Nothing in this Contract is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between The Big Group and you, if such exclusion, restriction or modification would be void or prohibited by the legislation. To the extent that The Big Group breaches any condition or warranty implied by the arrangement between The Big Group and you and which cannot be excluded or modified, The Big Group ’s liability is limited to, at The Big Group’s discretion, either: (i) replacement of the goods or supply of equivalent goods; (ii) payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services, to: (i) supply of the services again; or (ii) payment of the cost of having the services supplied again. Subject to the foregoing, The Big Group is not liable to you (or to any third party claiming through you) for, and you release The Big Group from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property (“Loss”) caused by any act or omission of The Big Group, its employees or agent, and whether based on negligence or other tort, contract or otherwise.
The Big Group may add to, delete, or otherwise change any of the terms of this Contract. The Big Group will notify you of any substantial changes to these terms & conditions. Your use of the The Big Group website after notice will constitute your deemed acceptance of such changes.
The Big Group may terminate this Contract at any time by delivering notice or by sending you a system message advising that your shopping privileges have been removed. Termination of this Contract shall be effective the day notice is received or such later date as specified in the notice.
If any provision of these Terms & Conditions is unenforceable or void, either in whole or in part, for any reason, then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of this contract. This contract is governed by the laws of Victoria, Australia.