Terms and Conditions “Food & Liquor Delivery Service”
Kipling’s is a family owned business, run by a highly experienced and dedicated team of hospitality professionals. Our goal is to deliver you your favourite food during this crisis (COVID19). If you have any questions regarding these Terms please call us on 02 9440 4088 and one of our friendly staff members will help you.
1. About Kipling’s
1.1 Kipling’s Garage Bar is a trade name of Kipling’s Garage Bar Pty Limited (“Kipling’s”, “us” or “we”), 2 Eastern Road, Turramurra NSW 2074. The bar has a General Bar Hotel Licence so cannot normally allow liquor to be taken by patrons from the premises under the present law. During the COVID19 pandemic those laws have been relaxed.
1.2 You may know of Kipling’s fine wine and food served in our rustic 1930’s garage premises. Well, we have had to close for on premises service due to COVID19, but we will like everyone else try to provide a good takeaway service. You can order products from by calling our Call Centre on 02 9440 4088 or via this website.
2. Acceptance of Terms & Conditions
2.2 We reserve the right to amend these terms and conditions at any-time without notice. This could mean that the terms and conditions applicable to future orders are different and as a result we recommend you read these each time you order.
2.2 If you have an order accepted by us, the terms and conditions in force as at the time of that acceptance will apply to your order notwithstanding any subsequent amendment which we may make.
3. Responsible Service of Alcohol (if applicable)
3.1 By placing an order with us, you must confirm that you are at least 18 years of age and acknowledge that it is against the law to sell or supply alcohol to, or obtain alcohol on behalf of, a person under the age of 18 years.
3.2 You warrant that you are not obtaining alcohol on behalf of a person under the age of 18 years.
3.3 Kipling’s reserves the right to refuse delivery if the recipient is unable to produce a valid form of identification.
3.4 You must when ordering provide details of a suitable form of ID for acceptance of the order.
4. Your Order
4.1 Risk and title
4.1.1 Risk and title in the goods the subject of your order passes to you on delivery of the goods to the delivery address specified in your order.
4.2 Fees and charges
4.2.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
a. the purchase price of each product that is ordered;
b. the delivery fee provided to you at the time you placed your order (“Delivery Fee”);
c. any outstanding amount that you owe us from previous purchases
4.2.2 All fees and charges identified in these Terms and Conditions and all prices for the products include GST where applicable.
4.2.3 Kipling’s is not required or obliged to match any prices for any products, including matching any prices for a product that is available through an alternative offer.
4.2.4 Products prices change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.
4.2.5 If a product that you have ordered is not available and we could not provide you with a substitute then we will provide you with a refund equal to the purchase price of each product which is ordered and not available within 3-5 business days to your card of purchase.
4.3.1 Prices stated are in Australian dollars.
4.3.2 Wine (including sparkling wine and Champagne) prices are per bottle and we have a limit of three (3) bottles per order and one six pack of beer/cider or gin. Prices include GST but exclude delivery charges unless otherwise stated.
4.3 Methods of Payment
4.3.1 You may pay for your Order using one of the following payment methods:
- American Express;
4.3.2 We reserve the right to cancel your Order if we are unable to successfully process your credit card.
4.3.3 You authorise Kipling’s to debit the amount that is payable for an accepted Order from your nominated credit card or gift card to pay for the fees and charges.
4.4 Rejection of an Order
4.4.1 We reserve the right to reject your order, in full or in part, for any reason, including if the requested product is not available, if there is an error in the price or the product description posted on the Website or in any marketing material, if there is an error with a voucher or promotional (Promo) code redeemed with your order, or any other error or breach of our terms and conditions associated with your order. We may also restrict your order and limit the sales to reasonable quantities as determined in our sole discretion. If we reject an order placed through us then we will notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
4.5 Changes and Cancellations
4.5.1 You cannot change or cancel your order once placed. Please contact us on 02 9440 4088 during opening hours if you need any help with your order.
4.5.2 We reserve the right to cancel any order or part of an order (including any orders that we have accepted or for which we have issued a tax invoice) without any liability to you for that cancellation at any time if:
a. the requested products are not available;
b. there is an error in the price, vintage or the product description posted on the Website or in any marketing material in relation to the relevant product in that order ;
c. there is an error with a voucher or promotional code redeemed with your order;
d. we suspect there has been, or will be, a breach of these terms and conditions or there has been any fraud or misconduct;
e. usage of a voucher or promotional code with that order has been placed in breach of the associated terms and conditions
4.5.3 If we cancel an order placed through us then we will endeavour to notify you of that cancellation within a reasonable time after you submit your order.
4.5.5 If any payment has been taken for order that has been cancelled, then the full payment amount, less any outstanding amount that you owe us from previous purchases, will be refunded to you.
4.6 Maximum Amounts in each Order
4.6.1 Unless otherwise indicated the maximum purchase quantity is up to 3 bottles of wine and one six pack of beer/cider unless otherwise indicated.
4.6.2 You must not purchase any items for resale to a third party or for trade purposes. We reserve the right to cancel your order or limit the quantity of your order if we have a concern with the quantity of item/s you have ordered.
4.6.4 If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such orders may be cancelled by us.
4.7 Unavailable Product
4.7.1 You acknowledge that a product that you order may be temporarily unavailable or out of stock. If this happens, then we will not be able to provide you with that product.
4.7.2 If a product is unavailable we may choose to substitute it for a product of similar quality, cancel the order, delay delivery of goods or refund after contacting you within reasonable time after you submit your order.
4.8.1 Subject to clause 4.1.1, In the event of breakage, Kipling’s will issue a credit or send replacement items if you notify us within 7 days of delivery or 30 days of purchase by contacting our Call Centre on 02 9440 4088 during opening hours.
4.9 Returns & Refunds
4.9.1 You must contact our Call Centre on 02 9098 8600 during opening hours to organise a return or refund
4.9.2 Under no circumstances can a purchase from Kipling’s be returned to a Kipling’s.
4.9.3 You must provide proof of purchase before any return is considered and products must be in their original condition and packaging.
4.9.4 Where we agree to a return, we will collect the product from you at a mutually agreeable time. Pending collection, you are liable to keep the product in a safe and proper manner and take reasonable care of it. Products should be returned in the original box and packed to avoid breakage in transit back to Kipling’s.
4.9.5 Any refunds will be affected within 30 days after we agreed to a return. Please note that delivery charges will not be refunded unless we are at fault.
4.9.6 All Gift Cards, vouchers, promotional codes cannot be returned or refunded
4.9.7 Policy includes the rights you have under Australian Consumer Law.
5.1.1 A delivery fee will apply.
5.2 Delivery Charges
5.2.1 A delivery charge may be applied if advised prior to delivery.
5.2.3 Kipling’s reserves the right to adjust delivery charges at anytime without notice.
5.3.1Kipling’s does not however guarantee any specific delivery time but we will get it to you .
5.4 Home Delivery
126.96.36.199 Home Delivery is available to Turramurra, St Ives, Wahroonga , Warrawee and Pymble and as otherwise advised (things change a bit these days). Orders will be delivered to your door by 6.00 pm. Should you have any concerns about Home Delivery availability, please call our Call Centre on 02 9440 4088.
5.4.2 Attended Delivery
188.8.131.52 Kipling’s reserves the right to request valid identification as the person accepting your order must be over 18 years to receive your order. We will not allow the completion of the delivery if the recipient is unable to produce a valid form of identification or is intoxicated.
5.4.3 Unattended Delivery
184.108.40.206 Please note it is your responsibility to ensure someone is present to receive the delivery. We will not leave deliveries at the door.
7. General Obligations
7.1 You warrant that all information and data provided by you to us through the Website or Call Centre or otherwise is true, accurate, complete and up to date;
7.2 You must ensure that all your personal details used to access the Website are kept in a safe and secure manner. You also acknowledge that you are responsible and liable for any person that uses your Login email address, password, customer number or other personal details to order products. If you are or become aware there is or has been an unauthorised use of your details please notify us on 02 9440 4088 during opening hours.
7.3 You must provide us with your date of birth to place an order;
7.4 You warrant that the person receiving the products at the delivery address is authorised by you to do so and is at least 18 years of age
7.5 Please note you should check the labels on the products before consumption or use. Meals are pre made, delivered chilled and are ready for you to reheat in your home. Please note these meals are not for immediate consumption as they will require heating. They should be consumed within 24 hours of delivery and should be properly stored.
8.1 We reserve the right to immediately suspend, terminate or limit your access to and use of the or refuse service if we reasonably believe that you have acted in breach of these terms and conditions.
9.1 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under any consumer guarantee provisions of the Australian Consumer Law or Kipling’s liabilities under those provisions:
a. you acknowledge that our Website 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;
b. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Website, the subject matter of our agreement with you and all content to or from which the Website is linked;
c. we will not be liable to you for indirect and consequential loss arising from or connected to this agreement 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.
9.3 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 our liability is in contract, tort (including negligence), under any statute or otherwise.
10.1 The Website may contain links to external websites that are not operated by us or our related bodies corporate. Kipling’s is not responsible for the content of any off-site pages or any other sites linked to this website.
10.2 You acknowledge that you access and use the products and services made available at our Website solely at your own risk.
10.3 These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
10.4 Kipling’s does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this website, is accurate, complete, reliable, current or error-free.
10.5 Kipling’s may stop making the Website (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
10.6 Kipling’s does not warrant that the functions within the Website will be uninterrupted or error-free.
10.7 ‘Our agreement’ or ‘this agreement’ references mean the relationship between us and you which is governed by these terms and conditions.
These Terms and Conditions constitute the entire agreement between you and Kipling’s concerning its subject matter and supersedes all prior communications.