Liability Disclaimer

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:

  1. You acknowledge that our sites (including this website and all mobile applications) (website) are provided “as is” and that we do not make any warranty or representation as to the suitability of the Sites, anything (including content and websites) to or from which the Sites are linked or any product for any purpose;
  2. The content of the Sites and all content to or from which the Sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;
  3. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the Sites are linked;
  4. We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;
  5. Risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and
  6. Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example under the “Delivery returns/non-collection” or “Cancellations” sections in our delivery terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.

Our liability to you for loss or damage of any kind arising out of our agreement with you 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 our liability is in contract, tort (including negligence), under any statute or otherwise.

Promotions

Promotional Voucher Codes 

  • Promotional vouchers cannot be exchanged for cash
  • Used in conjunction with one another
  • Re-used on another transaction, or
  • Partially used across multiple orders

Agave Lux Liquor License #36152300

WARNING – Under the Liquor Control Reform Act 1998 it is an offence to:

  • Supply alcohol to a person under the age of 18 years (penalty exceeds $1,700)
  • For a person under the age of 18 years to purchase or receive liquor (penalty exceeds $700)

Liquor Licensing Acts

Victoria

Warning – Under the Liquor Control Reform Act 1998 it is an offence: To supply alcohol to a person under the age of 18 years (Penalty exceeds $19,000), For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $800).

New South Wales

Under the Liquor Act 2007, It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.

Queensland

Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years.

South Australia

Under Liquor Licensing Act 1997, Liquor must NOT be supplied to persons under 18.

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.

Australian Capital Territory

Under the Liquor Act 2010. A person must not sell or supply liquor to a person under 18 years old on premises where the sale or supply of liquor is authorised or in a public place. Maximum Penalty $5500.

Tasmania

Under the Liquor Licensing Act 1990 it is an offence: for liquor to be delivered to a person under the age of 18 years. Penalty: Fine not exceeding 20 penalty units. For a person under the age of 18 years to purchase liquor. Penalty, Fine not exceeding 10 penalty units.