SHOP
Pomegranate Cocktail Mix 750mL
Elevate your drinks with our Pomegranate Cocktail Mix. Bursting with the rich, juicy flavor of pomegranates, this mix adds a touch of sophistication to any cocktail. Simply blend with your preferred spirit for a refreshing and vibrant experience. Perfect for any occasion!
Mango
Passionfruit Cocktail Mix 750ml
Add a tropical twist to your drinks with our Mango Passionfruit Cocktail Mix. Combining the luscious sweetness of mangoes with the tangy zest of passionfruit, this mix delivers a refreshing and exotic flavor. Just blend with your favorite spirit for an unforgettable cocktail experience. Perfect for any occasion!
For our local stockists visit our stockist page or to stock us in your shop or venue get in touch today!
REFUND POLICY
We hope you love your MUCHACHA BREWING CO purchase as much as us. But if you do require a refund or exchange due to damage or other fault, you have 14 days from the date of purchase, subject to the following conditions:
Product is unused and packaging is unopened and undamaged, in original, saleable condition (including within its best before date). In this case, we will exchange or refund you in full within 10 business days of MUCHACHA BREWING CO receiving the returned product (less the delivery fee for change of mind. However in the unfortunate event that MUCHACHA BREWING CO is at fault, the delivery fee will also be refunded).
It is your responsibility to post the product back to MUCHACHA BREWING CO via tracked shipping, at your own cost.
If the product is damaged in transit, please advise us within 48 hours of receiving the item. You may be required to provide photographic evidence and further details. In this case a replacement will be provided.
If the product is opened or used in any manner, no refund or exchange is available.
No refunds or exchange of gift vouchers, promotional items or otherwise.
If you would like to return or exchange an item, please email us at muchachabrewingco@gmail.com with your order reference number, and further information will be provided.
The above terms relate to purchases made through www.muchachabrewingco.com.au only. If your query relates to a product purchased through a retail store or other venue, please contact our friendly stockists for their terms & conditions.
PRIVACY POLICY
This Privacy Policy
This Privacy Policy applies to all personal information collected by Muchacha Brewing Co Pty Ltd (ABN 78 666 384) (hereinafter referred to as ‘us’, ‘we’ and ‘our’) and describes how we collect, use and disclose your personal information.
Please read this Privacy Policy carefully, as by:
accessing and using our website muchachabrewingco.com (Site); and
buying our products and using our services (Goods and Services),
you are confirming that you have read this Privacy Policy and understand how your personal information will be collected, used and handled by us.
Should you not agree with this Privacy Policy, you should immediately cease accessing and using the Site and purchasing and using the Goods and Services.
We respect the rights and privacy of all individuals and we are committed to complying with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APP’s) as well as protecting the personal information that we hold.
What is ‘personal information’?
The Privacy Act defines ‘personal information’ as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
whether the information or opinion is true or not; and
whether the information or opinion is recorded in a material form or not.
If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as ‘personal information’ and will not be subject to this Privacy Policy.
What personal information do we collect?
We collect the types of personal information required to assist us in operating the Site, providing the Goods and Services and otherwise in fulfilling our general functions and activities with respect to the Site and the Goods and Services. This includes personal information such as:
contact and identification details such as your name, date of birth, gender, phone number, email and address;
information about your purchase and use of our Goods and Services;
financial information such as your bank account details, credit card details or other billing information;
technical information, tracking and location data and log data in connection with the Site, which includes, but is not limited to, your device type, any user ID, operating system information, device identifiers, system performance information, browser type, internet service provider, Internet Protocol address, date/time stamps and aggregate user statistics;
information to assist our relationship management and market research functions, which may include information relating to your interests, experiences and preferences; and
any other personal information that you provide to us.
How do we collect information?
We collect personal information about an individual:
from that individual directly which is:
voluntarily supplied to access and use the Site and purchase and use the Goods and Services; and
tracking and technical information we collect when accessing and navigating through and use the Site (for example, by way of cookies, beacons, tags, and scripts).
from publically available sources; and/or
from other third party persons or organisations.
If you provide personal information about another person to us, we require that you inform that person that you have done so and provide them a copy of this Privacy Policy.
How do we use your personal information and who may we disclose it to?
We will use personal information you provide for the primary purposes of:
the purposes for which it is collected;
informing you about the Site and the Goods and Services and improving, personalising and customising your experience on the Site and your purchase and use of the Goods and Services;
improving our business and to administer, manage and enhance the Goods and Services;
using that information as part of the provision of the Site and the Goods and Services and fulfilling our functions and activities with respect to your access and use of the Site and the purchase and use of the Goods and Services; and
administering our relationship with you by:
communicating with you; and
providing you with information about the Site and the Goods and Services that may be of interest to you.
We may use and disclose your personal information for secondary purpose related to the primary purposes set out in paragraph (1).
We may also disclose your personal information to third party service providers who assist us in fulfilling our functions and activities with respect to your access and use of the Site and purchase and use of the Goods and Services. These third party service providers are authorised to use such disclosed personal information only as is necessary to provide services to us with respect to the Site and the Goods and Services.
We may also use and disclose your personal information to governmental or regulatory authorities upon request being made.
Otherwise, we will not disclose your personal information to any third party unless otherwise having obtained your prior consent.
By submitting your personal information, you consent to us using it to:
provide you with full and proper access and use of the Site and the Goods and Services and fulfil our functions and activities with respect to your access use of the Site and the purchase and use of the Goods and Services;
administer our relationship with you, including communicating with you with respect to the Site and the Goods and Services;
monitor activity on the Site and in relation to the Goods and Services;
market, improve and add to the Site and the Goods and Services;
allow third party service providers to assist us in fulfilling our functions and activities with respect to your access and use of the Site and the purchase and use of the Goods and Services;
respond to a serious threat to an individual’s life or to public health or safety;
respond to suspected unlawful activity; or
where required or authorised by law.
Will you receive direct marketing?
Yes, you authorise us to send you promotional messages and materials related to the Site and the Goods and Services, unless you submit a request not to receive direct marketing communications.
Our direct marketing messages and materials will contain a prominent statement (including, for electronic messages, a functional unsubscribe facility) allowing you to unsubscribe from receiving direct marketing communications.
If you do not wish to receive marketing or other communications from us, please submit a request not to receive direct marketing communications or use the unsubscribe facility provided in the most recent marketing communication from us or otherwise contact us.
Will your information be disclosed overseas?
We will send your personal information overseas and collect personal information from overseas in the following instances:
When you have asked us to do so or we have your consent.
When we are authorised or required by law or a court/tribunal to do so.
When we have outsourced a business activity or function to an overseas service provider.
Certain electronic transactions.
We will disclose personal information overseas but only to the extent it is necessary to perform our functions or activities.
How can you access and correct your personal information?
You generally have the right to access your personal information free of charge, subject to some limitations contained in the Privacy Act.
The APP’s set out some circumstances in which we are not required to provide you with such access. If you ask for your personal information and any of these circumstances exist, you may be given access to the personal information in a way that is permitted under the Privacy Act.
To protect personal information held by us, you may need to confirm your identity before access to your personal information is granted. It may take a little time to process your application and access and retrieve information.
We encourage you to update us with accurate, current and complete information. You may correct any errors or request that we delete all or some of your personal information in accordance with the Privacy Act.
Can you remain anonymous?
Where practical, you may choose not to identify yourself and deal with us on an anonymous basis or use a pseudonym. However, if you do not provide us with required personal information we may not be able to provide you with access to and use of the Site and the purchase and use of Goods and Services.
Security
We will take all reasonable precautions to ensure that your personal information is secured and is not misused, interfered with, altered or otherwise unlawfully accessed.
How can you complain about privacy breaches?
If you have a complaint in relation to the collection, use and/or disclosure of your personal information, please contact our Privacy Officer via the details provided at section 13
Our Privacy Officer will review all complaints received and respond to each complainant upon due consideration (which may require you to provide further information).
If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
Will this Privacy Policy change?
We may amend this Privacy Policy from time to time. Amendments will be effective immediately upon notification on the Site.
Who can you contact about your personal information?
To contact us about your personal information, concerns or complaints, contact our Privacy Officer at:
Email: muchachabrewingco@gmail.com
Address: 2/38 Hilltop Crescent, Fairlight
Phone: +61 450958978
TERMS OF SERVICE
Agreement
Agreement with us
Thank you for using the website muchachabrewingco.com (hereinafter referred to as ‘the website’) and shopping with Muchacha Brewing Co Pty Ltd (ABN 78 666 384) (hereinafter referred to as ‘us’, ‘we’ and ‘our’). The website is owned and operated by us.
These are the terms and conditions which govern:
your access to and use of the website; and
your order of the products that we supply from time to time through the website.
You should read these terms and conditions every time you visit and use the website and order products as we may make changes to them from time to time without letting you know. Any such changes are effective as soon as they are posted and you are deemed to have accepted those changes by continuing to access and use the website and/or having placed an order for the products after such changes have been made.
Please read these terms and conditions carefully, because by accessing and using the website and/or placing an order for the products:
you are confirming that you have not only read these terms and conditions but that you agree to be bound by and comply with them; and
you agree that a legally binding agreement is formed between you and us.
Privacy Policy
Please carefully review our Privacy Policy which describes how we collect, use and disclose your personal information.
Our Privacy Policy forms part of these terms and conditions and you acknowledge and agree to the terms of our Privacy Policy.
Account
Creation of account
You may set up an online account on the website in your own name (Account). Alternatively, you may place orders for products through the website as a guest.
You must only have one (1) Account and must not set up an account for or on behalf of any other person. Your Account is non-transferable.
You warrant that:
you are the true owner of the Account;
your details contained in the Account reflect your true identity and is not in any way false, misleading or deceptive; and
the information contained within your Account and all other information and data provided by you to us through the website is true, accurate, complete and up-to-date.
Use of Account
You are responsible for any costs associated with your access to or use of the website.
You are responsible and liable for any person that uses your Account to order products.
You agree that we may charge you for all products that we agree to supply to you that have been ordered using your Account.
Suspension, termination or cancellation of your Account and/or order
Your right to access and use the website and the Account is subject to you complying with these terms and conditions.
If you do not comply with these terms and conditions or are otherwise deemed by us to be unfit to use the website, then we may immediately without notice:
cancel any order for products made by you;
suspend your right to use the website and the Account; and/or
terminate your right to use the website and the Account.
You may update, edit or terminate your Account at any time through the website. You may also stop using the website at any time and for any reason.
Details
It is your responsibility to enter all of your information correctly when creating your Account on the website and that your user name and password is kept confidential, safe and secure at all times.
We will not be liable to you in any way for any loss or damage caused to you as a result of your account information being incorrect or misused for failing to keep that information confidential, safe and secure at all times.
Unauthorised use
You must notify us immediately of any unauthorised use or suspected unauthorised use of your Account.
We will not be liable to you in any way for any loss or damage caused to you as a result of unauthorised use of your Account which occurs before you notify us of that unauthorised use.
Orders
Restricted products
All orders that we accept for alcohol products are only accepted, processed and distributed by us from our licensed premises.
Your orders and any agreement subject to these terms and conditions are subject to our obligations at law under liquor licencing legislation and our obligations to comply with responsible service of alcohol. We act as an authorised agent for the liquor licence holder under liquor licence number LIQP770018221 with respect to the supply of the products.
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of eighteen (18) years.
It is therefore a condition of purchase of the products that you verify that you are eighteen (18) years or older. If you do not verify that you are eighteen (18) years or older, any order you make for the products will not be processed.
You represent and warrant to us that:
you are at least eighteen (18) years;
you are not obtaining alcohol on behalf of a person under eighteen (18) years; and
that you possess the legal right and ability to enter into these terms and conditions and to use the website and purchase the products in accordance with these terms and conditions.
You should always check the labels on the products before consumption or use.
Orders
You may place orders for our products through the website. Placing an order through the website constitutes an offer by you to purchase the ordered products for the price notified at the time you place the order.
You must not purchase any products from us for the purposes of resale to any third party.
You agree that you cannot make changes to an order after it has been placed. If you wish to cancel or vary your order, you can request a cancellation or variation, but we are under no obligation to agree to cancelling or varying your order after it has been placed.
Details of orders
It is your sole responsibility to ensure that all details you have entered with respect an order for the products are true and correct, including the delivery address. We may ask you to provide additional details or require you to confirm your details to enable us to process any order.
We will not be responsible, under any circumstances, for any loss or claim arising as a result of your error in completing the details of an order in a correct and accurate manner.
Acceptance
When you successfully submit an order for our products, you will receive an email confirmation of your order which includes an order reference number. This is not a confirmation that your order has been accepted by us.
Any order placed by you is always subject to acceptance by us. Each order for the products that we accept is a separate binding agreement between you and us for the supply of those products in accordance with these terms and conditions and any additional offer terms or promotions notified to you at or before entry into the agreement.
We may cancel or vary an order in whole or in part at any time prior to acceptance and will notify you of that cancellation or variation (in which case your agreement to the variation will be sought).
Your order may need to be or can be cancelled or varied as a result of a number of things including, but not limited to:
where the ordered product is out of stock or unavailable;
due to errors or omissions of any nature;
we are unable to process your payment;
we suspect fraudulent or unlawful activity;
we believe that you have purchased the products for the purpose of resale;
we have a concern with the quantity of the products you have ordered; or
for any other reasons at our absolute discretion.
In the event that we cancel or vary an order after you have paid for the products, we will refund the relevant monies paid by you for the products within a reasonable period of time in accordance with your original payment method (unless otherwise agreed).
We will not be liable to you for the cost of any loss or damage caused to you as a result of cancellation or variation of your order of the products.
Cancellation after acceptance
We reserve the right to cancel, prior to delivery of the products and for any reason in whole or in part, an order that has previously been accepted by us.
In the event that we cancel an order after you have paid for the products, we will refund the monies paid by you for the products within a reasonable period of time in accordance with your original payment method (unless otherwise agreed).
We will not be liable to you for the cost of any loss or damage caused to you as a result of cancellation of your order of the products.
Price and payment
Price
Prices shown on the website are in Australian Dollars (AUD) and, unless otherwise expressly stated, are inclusive of GST (Price).
Shipping and delivery fees (Shipping) will be charged at checkout in addition to the Price.
Please note that the Price and Shipping on the website are subject to change at any time by us without notice, except in the case of error. However, subject to paragraph (4), once we have accepted your order we will not change any prices that apply to the products forming part of your order.
If you have ordered the products and the Price (or any other relevant details), or the amount of the Shipping, is subject to an error, we will:
notify you and allow you to confirm your order of the products at the revised Price or Shipping amount; or
if we cannot contact you within a reasonable period of time or you do not confirm your order of the products at the revised price, we may cancel your order and refund the monies paid by you with respect to that particular order.
Payment and completion of order
You may pay for the products by way of any payment method utilised or allowed by us from time to time. You must not pay, or attempt to pay, for products through a fraudulent or unlawful means.
You agree to provide us with any information and to undertake any necessary action that is reasonably necessary to authorise us or a third party payment provider to process payment for products purchased.
We will process your payment prior to delivering the products to you and may confirm with you when payment has been cleared or processed. If your payment cannot be cleared or processed it will be deemed to be subject to error and clause 4.1(4) will apply.
Shipping
Delivery areas
We deliver Australia-wide and endeavour to ship products the next business day after the placement of an order via the fastest of our nominated carriers and couriers.
Delivery
You agree that the address to which we deliver the products is the address that you provided in your order of the products or any other address we may agree to accept as the delivery address. We will not deliver the products until all required or otherwise requested delivery details are provided.
We will, through our nominated carriers and couriers, endeavour to deliver your products by any estimated dates and timeframes (if any) that are notified. However:
we do not guarantee the delivery of products by any estimated dates and time frames, if at all, as the delivery process is out of our control; and
you accept the risk that, due to unforeseen circumstances or circumstances out of our control, deliveries may be delayed or may not occur.
Liability
We do not accept any responsibility or liability for:
any damage caused to the products during transit;
the products being lost during the transit process;
the products being stolen after being delivered to your nominated delivery address (or any local depot or post office should you not be present at the address to receive the products when they are delivered); or
any delay in the delivery of the products.
Your responsibilities
You should ensure that someone is at the address when the products are delivered so that you can physically check the products and take steps to ensure that it does not get stolen or misplaced. It is your responsibility to pick up the products should they be redirected to a local depot or post office.
We may send you the tracking details once the product has been shipped, so you should therefore firstly chase things up on your end with the relevant shipping company if there is a delay or wish to find out where in transit your item is before you contact us.
You acknowledge and agree as follows:
We may rely on any person who is at the address you gave for delivery (and who is over the age of eighteen (18) years) and who takes receipt of your order, as being authorised for that purpose.
We will not deliver your order if we consider any delivery circumstances are unsuitable for any reason.
We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
You acknowledge that we may collect and record the details of any identification provided in relation to delivery of products. The personal information collected will be held and may be used in accordance with our Privacy Policy.
Risk and title
Risk in the ordered product passes to you upon it being collected by our nominated carrier/courier.
Title in the product passes to you only upon the later of the following:
you paying the Price and the Shipping in full. Please note that we do not despatch products unless you have paid us in full; and
the products being collected by our nominated carrier/courier,
and occurs at the place where we despatch the products.
Liability
Australian Consumer Law
The products (and any service that we provide) come with guarantees and rights that cannot be excluded under the Australian Consumer Law. These include, but are not limited to, the following:
Entitlement to a replacement or refund (at your election) for a major failure or compensation any other reasonably foreseeable loss or damage.
Entitlement to have the relevant product repaired, replaced or refunded (at our election) in a reasonable time if the failure does not amount to a major failure.
Limitation of liability
Nothing in these terms and conditions will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to these terms and conditions by law, including under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), where to do so would be illegal or render any provision of these terms void or unenforceable.
We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the products, our services and the website or the subject matter of this agreement to the maximum extent permitted.
With respect to the products, our services and the use of the website, you agree that you are liable for and indemnify us in respect of any:
damage, loss, cost or expense (whether direct or indirect);
any breach or alleged breach of any of your representations, warranties or obligations contained in these terms and conditions; and
other claim brought against us by a third party,
that we may suffer or incur as a result or in connection with your acts or omissions.
To the full extent permitted by law, you agree to release and discharge us and our employees, contractors and agents from all liability (of any kind) arising out or relating to your use of the products, our services and use of the website.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether the liability arises in contract, tort (including negligence), under any statute or otherwise.
To the full extent permitted by law, we will not be liable in any event for any indirect or consequential losses (including but not limited to any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of goodwill, indirect or remote or unforeseeable loss, loss of reputation, future reputation or publicity, or any similar loss which was not contemplated by the parties) whether or not we had knowledge that such losses might be incurred.
Returns and refunds
Failure to comply with recommendation
Subject to the Australian Consumer Law, we will not, under any circumstances, issue a refund or replace the product if you have:
failed to use it in accordance with our instructions;
failed to store it in accordance with our instructions;
deliberately caused damage to the product;
misused the product; or
opened or used the product.
You are not entitled to a refund or replacement for gift vouchers or promotional items.
Shipping issues
We do not accept any responsibility or liability for:
any damage caused to the products during transit; and
the products being lost during the transit process.
Accordingly, subject to paragraph (3), we do not issue full or partial refunds or replacements for products which have been damaged or lost during transit.
However, if products are damaged in transit, please email us at muchachabrewingco@gmail.com with your order reference number within forty-eight (48) hours of receiving the product as we may, after investigating the matter (which will include you providing all information and evidence as requested by us), and at our absolute and sole discretion, replace the products.
Refunds and exchanges – change of mind
We issue you a refund or replacement (at our election) if you change your mind about our products provided that you:
email us at muchachabrewingco@gmail.com with your order reference number; and
return the products to us (by way of tracked shipping only) at your cost within fourteen (14) days of the date of order of the products.
To be eligible for a refund or replacement, the products must be unused and in original, unopened, undamaged and re-saleable condition (which includes the product being within its best before date).
If you are granted a refund, the refund will be for the Price only and does not include Shipping or any others costs and expenses incurred by you in relation to the products.
Any refunds will be made in accordance with your original payment method (unless otherwise agreed) within ten (10) business days of us receiving the returned product.
Refunds and replacements – defect
You are entitled to refunds and replacements in accordance with your consumer guarantees and rights under the Australian Consumer Law and any other applicable legislation.
Without limiting your statutory guarantees and rights that cannot be excluded by law, if:
the product is defective or suffers a major failure, we will provide you with a refund or replacement of the product; or
the product is not of merchantable quality and does not amount or a major failure, then we, at our discretion, will provide you with refund or replacement of the product,
provided that you:
email us at muchachabrewingco@gmail.com with your order reference number; and
return the products to us (by way of tracked shipping only) at your cost within fourteen (14) days of the date of order of the products.
Subject to the Australian Consumer Law, to be eligible for a refund or replacement, the products must be unused and in original, unopened, undamaged and re-saleable condition (which includes the product being within its best before date).
Upon receipt of the returned products, we will inspect the subject products and make our determination in accordance with paragraph (2)
If you are entitled to or are granted a refund, the refund will be for the Price and your reasonable shipping costs in returning the products to us (proof of payment required). You will not be refunded any other costs and expenses incurred by you in relation to the products.
Any refunds will be made in accordance with your original payment method (unless otherwise agreed) within ten (10) business days us making our determination under paragraph (4)
If you are entitled to or are granted a replacement, we will bear the shipping costs associated with delivering the replacement product and will despatch the replacement products within ten (10) business days us making our determination under paragraph (4)
Application to products purchased through the website only
For the avoidance of any doubt, these terms and conditions in respect to returns and refunds of the products applies only to products purchased through the website. If your query or concern relates to our products purchased through a retail store or other venue, please contact our friendly stockists for their terms and conditions.
Intellectual property
Ownership of intellectual property
We will at all times retain ownership of all intellectual property rights (including but not limited to registered trade marks) used in respect of the website (with the exception of third party advertisements (if any)) and in connection with our products and services (together referred to as our IP).
The contents of the website (including all photographs, images, videos, text, illustrations, software, audio, video and other items) is also our IP and subject to copyright under the Copyright Act 1968 (Cth) and any other relevant law.
Restricted conduct
It is an essential term of these terms and conditions that you must not:
launch or attempt to launch a site or arrangement that is the same or similar to the website which uses our IP without our express written consent;
use our IP in any way in any medium or sales platform without our express written consent;
except for the purpose of viewing, printing and accessing the website for your own personal use - copy, use, modify, reproduce, broadcast, print, publish or create any derivative works from any part of the website without our written consent; or
do anything that:
is inconsistent with our interest in our IP;
infringes upon our rights to use and exploit our IP; or
which leads to the value of our IP being diminished or otherwise adversely affected.
Restrictions and warranties
Restrictions imposed on you
When accessing and using the website and ordering the products, you must not or must not attempt to:
use the website for any activities that breach any laws, codes and regulation or that infringe a third party’s right;
use another person’s information or details without their permission;
make any fraudulent, speculative or false enquiries, reservations or requests;
tamper with, hinder the operation of or make unauthorised modifications to the website;
knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the website;
modify, adapt, translate or reverse engineer any portion of the website;
commit any act that may breach any laws;
use the website other than in accordance with these terms and conditions; or
knowingly engage or permit another person to do any of the above acts.
General warranties
You warrant that:
all information and data provided by you to us through the website or otherwise is true, accurate, complete and up to date; and
you have and will comply with all relevant laws relating to your use of the website and your placement of any order for the products with us.
Other provisions
Force Majeure
We will not be liable for any delay or non-compliance with any of our obligations to you for any events arising out of circumstances beyond our control. During such events, our obligations are suspended for the period that the event remains in effect.
Disclaimers
The information we provide on the website is of a general nature only and is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete. You acknowledge and agree that you should obtain your own independent advice and undertake your own research that is appropriate to your circumstances.
Any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distributed through the website is at your sole risk and we will not be responsible or liable for any loss or damage that results from the use of the information on the website.
You acknowledge that the website and each product is provided "as is" and that we do not make any warranty or representation as to the suitability of the website or a product for any purpose.
We are not responsible for reviews or comments left on the website by users and accept no liability for the accuracy, completeness or truthfulness of those reviews.
Security of Site
Although we take all steps to ensure the security and integrity of the website, you agree that we will not be liable for any loss or damage you suffer by the use of the website (including a linked website), any breakdown or interruption to the website or the website being hacked or otherwise being affected by any form of malicious virus or the data you receive from us not being secure or virus-free.
Errors
The website displays a wide variety of information. Although we use our best endeavours to ensure that the information on the website is correct there may be times where errors or omissions have unfortunately been made.
We reserve the right to correct any such errors or omissions without notice and without any claim being made against us.
Third party sites and hyperlinks
We make no representation about, and assume no responsibility for, any website or content accessed through a link on the website. Despite the website containing links to other websites, this does not constitute any endorsement by us of that website or the products and/or services being offered through that website.
You agree that we will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by us.
Linking to our website is not permitted without our express written consent.
General provisions
These terms and conditions constitute the entire agreement between you and us with respect to the website and your purchase of our products and use of our services and supersede all prior agreements between you and us.
Failure on our part to enforce any provision of these terms and conditions is not to be construed as a waiver of any provision or right.
These terms and conditions are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of its courts.
If any provision of these terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.
The termination of these terms and conditions will not affect the rights of each party against the other in respect of anything done or omitted under these terms and conditions prior to that termination.
We may assign or novate our rights under these terms and conditions at any time without your consent. You cannot assign or novate your rights and obligations under these terms and conditions without our consent (which will not be unreasonably withheld).
Gift Card Terms and Conditions – Muchacha Brewing Co
Definitions
"Gift Card" means the Muchacha Brewing Co gift card that you have purchased or received.
"Remaining Gift Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent and which can be accessed by using the Gift Card in accordance with these terms and conditions.
“Website” means https://www.muchachabrewingco.com.au
A reference to "we" or "us" or “our” is a reference to Muchacha Brewing Co Pty Ltd (ABN 47 652 974 662).
A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these terms and conditions, or who authorises another person to do something with the Gift Card on their behalf.
Acceptance of terms and conditions
These terms and conditions apply to all Gift Cards issued by Mex Ink Pty Ltd (ABN 78 666 384).
Your purchase, redemption or attempted redemption of a Gift Card constitutes your acceptance to be bound by these terms and conditions and your agreement to our:
Privacy Policy which describes how we collect, use and disclose your personal information; and
Terms of Service which governs your access to and use of our Website and your order of the products we supply from time to time through the Website.
This document contains the terms and conditions governing your use of the Gift Card and recommend that you read this document carefully before using the Gift Card.
Gift Card Purchase and Redemption
You must pay for your Gift Card value by way of any payment method utilised or allowed by us from time to time. The transaction will be completed when the Gift Card is activated and loaded with value.
There may be a delay with the Gift Card activating in the system once loaded. During this delay, the Gift Card cannot be used for purchases of our products.
Once loaded with value, your Gift Card may be redeemed for purchases on our Website.
Using your Gift Card
Making a Purchase with your Gift Card
To use your Gift Card, you must present details of the Gift Card at the point of sale in accordance with instructions and prompts on our Website and in a manner that will allow us to authorise a transaction.
A transaction will be completed when the balance has reduced on your Gift Card.
No change will be given for any Remaining Gift Card Value.
The Remaining Gift Card Value may be used in whole or part against future purchases until the Gift Card expires.
You agree that we can reduce the initial Gift Card value and/or Remaining Gift Card Value by the value of all purchases of products that are authorised by you. Transactions are authorised by you by giving us details of the Gift Card and authorising the transaction in a manner approved by us from time to time.
When you authorise a transaction:
you are confirming that the transaction correctly represents the purchase price of the products obtained; and
you are agreeing to pay the amount of that transaction by the reduction of the initial Gift Card value and/or Remaining Gift Card Value.
Purchases exceeding the Remaining Gift Card Value
Your Gift Card may only be used to make purchases up to the initial Gift Card value or the Remaining Gift Card Value.
If you wish to make a purchase for an amount that exceeds the Gift Card value or the Remaining Gift Card Value, you must pay the excess using another payment method approved by us.
Exchanging items purchased with a Gift Card
Goods that are purchased solely, or in part, with a Gift Card may be exchanged or returned subject to our Terms of Service.
No cash advances
You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash or receive any portion of the Remaining Gift Card Value in cash.
Checking your Gift Card balance
You can check your Gift Card balance at any time by contacting us.
Can I exchange my Gift Card?
You cannot exchange your Gift Card for a different denomination or type of Gift Card or for another tender, cash or discount.
Can I purchase a gift card using a gift card?
Gift Cards cannot be used to purchase another gift card.
Expiry and cancellation of Gift Cards
Expiry of Gift Cards
Your Gift Card will be valid for use for three (3) years from the date of issue (or as otherwise extended by us) after such time it will be invalid.
You should use all of the Remaining Gift Card Value before the expiry date, after the expiry date unused value will become our property.
Cancellation and voiding of Gift Cards
Gift Cards cannot be cancelled once they are issued except if voided by us, if their value is used or if they expire.
We reserve the right to cancel any Gift Card for any reason at any time without notice. In such instances we may elect to provide a refund or a replacement Gift Card.
We reserve the right to correct the balance of your Gift Card if we believe that an error has occurred.
Lost or stolen Gift Cards, errors and complaints
Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card.
If you have reason to believe that an error has occurred in relation to your Gift Card, you should contact us.
Your responsibility
You are responsible for the use and safety of your Gift Card.
You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us.
You are responsible for the accuracy of your order of a Gift Card, including your email and your recipient's name and email address. We will deliver a Gift Card to the email address provided in your order and you agree that the supplied information and content is true and correct.
If you supply information or content that infringes the rights of any person, you will pay any losses, costs or expenses we incur as a result of possession or use of the information or content.
Changes to these terms and conditions
We reserve the right to change these terms and conditions, our Privacy Policy and our Terms of Service at any time where the change is required for any reason. Any such changes are effective as soon as they are posted to our Website.
Limitation of liability
You have certain rights under the Australian Consumer Law which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these terms and conditions.
To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these terms and conditions, for failure to observe or perform any of our obligations under these terms and conditions for any reason or cause except if caused by our gross negligence.
To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the Remaining Gift Card Value.
Applicable law
These terms and conditions are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of its courts.