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.
Ordering via Agave Lux Website, by phone or by any other electronic means:
When placing an order with Agave Lux with our Customer Service Team, you confirm that all the details that you have provided in completing the order and offer to purchase the 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.
All products are delivered, there are no pickup facilities. In some cases, delivery charges might be applied to your order. These charges will be clear at time of order.
Bebidas Australia, trading as Agave Lux (ABN 35 614 391 856) collects your personal information when you place an order with Agave Lux. We do not under any circumstances use or discloses your personal information to any 3rd party providers.
Address for delivery
You agree that the address to which we may deliver is the address you gave for delivery as part of your order or any other address we may subsequently agree to accept as the delivery address.
We will not deliver unless all requested delivery details are given when you place your order.
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.
You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.
We will not deliver your order if we consider any delivery circumstances may be unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they may be under 18 years).
We may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
We will endeavour to deliver within the times nominated and paid for by you at the time of your order. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.
- Monday to Thursday before 2pm cut-off will receive next day delivery.
- Friday before 2pm will be delivered Monday.
- On occasion where an out of stock occurs on your order, you will be advised.
You enter all the pre-delivery details at time of order so responsibility is on you to ensure they are accurate. In the case of delivery returns or Refunds required – If having processed your order, and you cancel for any reason, we will refund the amount paid by you for those products (however deduct the picking, processing and delivery fee from that refund), you agree that we may deduct an amount from this refund amount on account of the costs incurred by us in returning the relevant products to our storage site. You agree that we may make such deduction where we were unable to deliver due to circumstances beyond our reasonable control (including because of the wrong address appearing to us to have been given) or where we did not complete delivery because of any of the “Delivery pre-conditions” above not being met.
Cancellations By us
We may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. Any such cancellation shall be by giving you such reasonable cancellation notice as we are able to provide via any of the contact details we have for you. The circumstances in which we may cancel your order are if:
- any of the ordered products are not available;
- there was any error in the description of any ordered products or their price as advertised by us;
- your order is in breach of these or any other relevant terms and conditions or is contrary to a person’s rights or to any law; or
- these terms and conditions (for example under “Delivery pre-conditions” above) provide that we may not deliver your order.
Cancellations By you
You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact our Customer Service Team as soon as possible.
You may check your order status. If the order status is ‘Order being processed’, please contact the Customer Service Team to confirm whether there might still be time for us to agree to you changing or cancelling your order. Every attempt will be made to accommodate your request, however unfortunately no guarantee can be given once an order has been placed.
If we agree to you changing or cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, to the ordered products being in their original condition and packaging and to you agree to pay an amount we request on account of our reasonable costs of processing the change or cancellation.
If your order has already been processed, you may still be able to return your order which will incur all relevant picking, processing and re-deliver charges are deducted from the refund amount.
Delivery records and Customer Information
We may record all details of and incidental to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, complying with record keeping requirements under liquor licensing laws and law enforcement.
You agree that 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).
Title and place of supply
You agree that title to the products you buy from us (and the place of our supply of those products to you) occurs at the place where we dispatch the products to your order. We do not supply alcohol to you at places which are not licensed under applicable alcohol licensing laws, even though such other places may be the delivery location. Immediately on us making a refund to you for any products (less any amount you have agreed we may deduct, for example under “Delivery returns/non-collection” or “Cancellations” above) you agree that title in those products shall pass back to us.
Additional information and terms
These terms are in addition to and do not limit additional delivery and Pick Up information we provide. Such information may cover matters about delivery options; what constitutes a case of alcohol; delivery costs; how to estimate delivery costs; the circumstances when we do not charge for deliver and the limits on those circumstances; locations to which we deliver and locations to which we do not deliver; unattended deliveries; deliveries to multiple addresses and delivery exclusions.
We may notify you of delivery conditions relating to your particular order at or before the time of processing it.
There are other terms applicable to the transaction under which you have purchased from us. Those other terms are in addition to these terms;
Changes to Terms and Conditions (including delivery charges)
Agave Lux terms and conditions may change or be suspended or terminated from time to time. These changes may relate, amongst other things, to our delivery charges. We will give advance notice of any such matters.
Free Delivery only applies to products where stipulated. Free Delivery only applies to products that display the ‘Free Delivery’ badge. If an order contains a combination of Free Delivery and non-Free Delivery items, normal delivery charges will be applied for products that do not display the Free Delivery badge. For Free Delivery products, please be aware that the delivery charge is not removed until the payment page of the checkout.