Terms and Conditions
The Terms and Conditions below stipulate the terms and conditions for sales directly from 41 Pints of Beer.
These terms are taken to be acknowledged and accepted by customers upon making an order from 41 Pints of Beer on this website.
Website owner, the offering, and binding of Terms
This website is owned and operated by 41 Pints of Beer. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors [description of what is offered on 41 Pints of Beer. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights and logos
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
You agree to indemnify and hold [website owner] harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall [website owner], be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of [Name of Country / State], without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support details & contact info
Terms are expected to have contact information enabling users and customers to receive customer support services and to correspond with the website and its operators.
Shipping and Delivery Policy
We deliver products Australia-wide using a competitive rate matching service for most of pur orders, your order may be shipped with Australia Post, Couriers Please, FastWay, TNT or other such couriers. Shipping costs are influenced by the size and weight of the product and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.
Orders are usually dispatched within 2 business days and shipping times are estimated at between 2-7 business days depending on your location within Australia.
Some large items such as multi-door kegerators cannot be shipped via the normal means, need to be shipped on a pallet may require delivery at a business address to ensure things go smoothly. It is best you have a forklift on site for these, otherwise, a ~$75 (as at November 2021) fee will be additionally charged for tailgate loading.
Delays and Non-Scanning Events.
In the rare event that an item / carton(s) does not scan into the couriers depot, or missed scanning events. 41 Pints of Beer will re-fund / re-send such goods with standard shipping after 10 business days of the last scanning event (20 business times of natural disasters/force majeur (see below)). 41 Pints of Beer will not Express ship the items if Express shipping was not paid for on the original invoice. If express shipping is required, you will be required to pay the difference in cost of standard shipping to express shipping. Please note some items cannot be express shipped due to either the size / weight.
Returns and Refunds: Procedure and Policy
Leaks and/or Lost Product
All gear supplied by K41 Pints of Beer must be tested thoroughly before use and maintained correctly over time. 41 Pints of Beer is not responsible for lost beer, beverages, liquid, gas or other consumables caused by leaks or faulty items. It is the job of the installer to thoroughly check hose joins, taps, seals, chillers and all other corresponding gear before leaving the system unattended or under pressure. All beer systems require maintenance and require periodic seal replacements etc. It is the user's ongoing role to make sure all fittings and fixtures are working correctly and maintain a good seal. If these checks have not been done properly and you are unsure whether everything is airtight, then please do not leave the equipment unattended or under pressure.
Return for Refund - 30 Day Money Back Guarantee - Non-Defective Items
If you return the product to us because you have incorrectly purchased or simply did not need the product you can send it back to 41,Pints of Beer for a refund, less shipping. Normal processing times for these are 2 business days from receipt during normal periods.
The terms of this include:
1.1 The product must be returned in new, saleable condition and must not be used or abused;
1.2 The customer must pay the cost of the postage back to us;
1.3 The customer accepts that the original cost of postage has been spend and is non-refundable as it is not recoverable;
1.4 Returns cannot be accepted for consumables due to their inherent perishable nature. This applies to grain, hops, yeast and other ingredients that cannot be resold upon being returned.
If any of the above are not satisfied, 41 Pints of Beer reserves the right to not accept the return and return the items back to the customer or negotiate a partial refund.
Faulty Product or Product not as Described.
In the event you have received an order from 41 Pints of Beer and it is not how it should be due to damage, poor quality, poor craftsmanship or otherwise, please contact 41 Pints of Beer through the official channels (email or phone) to make us aware as soon as possible.
Claims for the above will be handled in the following manners:
Claims within The First 7 Days
If a fault in the product has been identified within 7 days of receiving the goods and 41 Pints of Beer made aware, the customer will be given the option to return to 41 Pints of Beer and for a full refund on the product(s) excluding freight.
Sending Replacement Parts
If the issue can be resolved by sending out replacement parts for the customer to resolve remotely, 41 Pints of Beer would normally prefer this and offer this as an option.
Keep as-is at a Discount
If the customer is happy to keep the product as is the 41 Pints of Beer will offer the customer a discount to keep the goods. This amount calculated is normally calculated with reference to the costs and losses associated in returning the item and what will adequately resolve the situation to the customer's satisfaction.
Returns After 7 Days
If the fault in the product has been identified after 7 days, the product will need to be returned to 41 Pint s of Beer or Distributior for assessment. 41 Pints of Beer will assess the product in two business days (72 hours) and will in their discretion make a decision to either repair, refund or replace the product.
Refunds / Replacements
Refunds or replacements will only be issued once goods have been returned and received by our warehouse and assessed to be non-repairable. We cannot refund goods/or send replacement goods until the product being refunded/replaced has been received by our warehouse in good order.
Please note, if you persist and use a perishable or item after the defect becomes apparent, you waive your rights under these terms and conditions and accept the items as they are. We cannot return for either refund or replacement such items, including but not limited to hardware and consumables, such as grain (e.g not milled or measured correctly).
Pickups / Postage
If the item was picked up from 41 Pints of Beer then to get a return the goods need to be dropped back off to 41 Pints of Beer.
Warranty and service needs to be delivered in the same manner as the order it was purchased on. I.e. if you have an item that was collected from us via customer pickup, you need to bring the item back as we cannot offer postage to facilitate the return. If you originally had it posted to you, we can make arrangements for it to be posted/couriered back.
In the event we will need to get it posted back, we will take care of the delivery costs and bookings, but will require the customer to adequately package the item and for small items drop them in a post box or at the Australia Post office.
Please package all items to be returned as best as possible. If there is damage to items due to poor packaging, this will not be born by 41 Pints of Beer.