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Terms & Conditions

Jimmy Brings ‘Every Week Wins’ - Terms and Conditions

Promoter: JIMMY BRINGS AUSTRALIA PTY LIMITED ABN 54 606 103 557, Level 1, 26 Waterloo Street, Surry Hills, NSW 2010, Australia. Ph: 1800 546 697

Who can enter: Only Australian residents who are aged 18 or over

Who can't enter: Directors, officers, management and employees (and their immediate families) of the Promoter; and the agencies, companies or participating premises associated with this competition.

Competition Period: 12.01am (AEDT) on 02/04/2024 to 11.59pm (AEDT) on 28/04/2024.

Where will the competition run: The competition will run online at www.jimmybrings.com.au or via the Jimmy Brings App. Website www.jimmybrings.com.au or Jimmy Brings App

Qualifying Purchase: Spend on any Victoria Bitter, Vodka Cruiser, Jim Beam, Bundaberg Rum, South Island or Mist & Shadows products featured in the ‘WIN with Jimmy’ specials tab online at www.jimmybrings.com.au or via the Jimmy Brings App in one transaction. 

Entry Instructions: To enter, you must, during the Competition Period make a qualifying purchase from the website or App to automatically go into the draw.

How many winners will there be and how will they be chosen: All customers will have the chance to win 1 of 20, $150 vouchers. Every Friday we’ll draw 5 winners for 4 weeks.

Draws will be held at 10am (AEDT) on 05/04/24, 12/04/24, 19/04/24, 26/04/24 at Jimmy Brings, 26 Waterloo St, Surry Hills NSW, 2010

The first 5 valid entries drawn randomly from all the entries received will win prizes 

The Promoter may arrange to draw additional reserve entries in a draw and record them in order, in case a winning entry/entrant is deemed invalid or a prize is unclaimed (Reserve Entrants). 

What can I win: There are 5 prizes available in respect to this competition.

The prize is: 1 x $150 Jimmy Brings Voucher placed in consumers Jimmy Brings Voucher Vault

Total prize pool: The total prize pool is $3000

How many times can I enter: There is no limit on the number of entries you can submit, provided each entry is submitted separately in accordance with these Terms and Conditions.

How and when will the winner/s be informed: Winners will be notified in writing (by email) within two business days of determination.

Unclaimed prize/s: Prize claim date: 5pm (AEDT) on 03/05/2024. Unclaimed prize determination: 11 am (AEDT) on 04/05/2024 at the same place as the original draw. If a prize has not been accepted or claimed by the prize claim date above or if, after making all reasonable attempts, the winner can't be contacted (or a winner does not contact the Promoter) by the prize claim date above, the relevant entry will be discarded and the Promoter will re-award the relevant prize to Reserve Entrant and/or carry out an unclaimed prize draw at the date, time and place stated above to randomly distribute the prize.  Any winner will be informed in writing (by email)  within two business days of the determination.

General Terms

  1. The claimant agrees and acknowledges that they have read these Conditions of Claim (and Schedule) and that claiming a gift in the Promotion is deemed to be acceptance of these Conditions of Claim (and Schedule). Any capitalised terms used in these Conditions of Claim have the meaning given in the Schedule, unless stated otherwise. Offer not valid in conjunction with any other offer.

  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Claims are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the claimant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.

  3. Valid and eligible claims will be accepted during the Promotional Period, while stocks last.

  4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to claim. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

  5. If a gift is claimed by a person under the age of 18, the gift may be awarded to the claimant's parent or guardian and where applicable to the gift a nominated parent/guardian must accompany any person under 18 years of age. 

  6. The value of the gifts is accurate and based upon the recommended retail value of the gifts (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the gifts after that date.

  7. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.

  8. Each gift will be awarded to the person named in the claim and any claim that is made on behalf of a claimant or by a third party will be invalid. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.

  9. Claimants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://jimmybrings.com.au/legal/privacy-policy. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about claimants to enable them to participate in this Promotion and may disclose the claimants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the claimant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from claimants will not be disclosed to any entity located outside of Australia. 

  10. The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Entrants will be refused service of alcohol or provision of an alcohol beverage if it would breach any laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol.  A full version of these Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol. Please refer to the GL4001 ‘Liquor promotion guidelines’ and GL4003 ‘Intoxication guidelines’ at liquorandgaming.justice.nsw.gov.au.

  11. If a gift is provided to the Promoter by a third party, the gift is subject to the terms and conditions of the third party gift supplier and the provision of the gift is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the gift at the time it is issued to the claimant will prevail over these Conditions of Claim, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the gift, any delay or failure relating to the gift itself or failure by the third party to meet any of its obligations in these Conditions of Claim or otherwise.

  12. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Claim restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

  13. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a gift, subject to State or Territory regulation.

  14. The Promoter reserves the right, at any time, to validate and check the authenticity of claims and claimant's details (including a claimant's identity, age and place of residence). In the event that a claimant cannot provide suitable proof as required by the Promoter to validate their entry, the claimant will forfeit the gift in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to claim a gift. Claims containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to claim a gift. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically claim repeatedly is prohibited and may render all claims submitted by that individual invalid.

  15. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Conditions of Claim. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the claimant. If the dispute cannot be resolved the Promoter’s decision will be final.

  16. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any gift (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

  17. The claimant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.

  18. The Promoter accepts no responsibility for any tax implications and the claimant must seek their own independent financial advice in regards to the tax implications relating to the gift or acceptance of the gift.

  19. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

The Golden Basket Promotion Terms & Conditions ("Conditions of Entry")

Schedule

  • Promotion: The Golden Basket Promotion

  • Promoter: JIMMY BRINGS AUSTRALIA PTY LIMITED ABN 54 606 103 557, Level 1, 26 Waterloo Street, Surry Hills, NSW 2010, Australia. Ph: 1800 546 697

  • Promotional Period: Start Date: 14/03/24 at 09:00am AEDT; End Date: 02/04/24 at 11:59pm AEDT

  • Eligible Entrants: Entry is only open to Australian residents (excluding NT and ACT) who are 18 years and over.

  • How to Enter: To enter the Promotion, the entrant must spend at least $70 in one (1) transaction, to share, on any goods or services (excluding tobacco products) via the Jimmy Brings platform during the Promotional Period. Entrants who make the qualifying spend will automatically be entered into the draw.

  • Entries Permitted: Entrants may enter multiple times provided each entry is submitted separately in accordance with the entry instructions above. By completing the entry method, the entrant will receive one (1) entry.

  • Total Prize Pool: $5,000.00

  • Draw: 

    • The draw will take place at JIMMY BRINGS AUSTRALIA PTY LIMITED, Level 1, 26 Waterloo Street, Surry Hills NSW 2010, Australia at 12:00 pm AEDT on 03/04/24 using computerised random selection.

    • The first valid entry drawn will be the winner of the prize specified in the Schedule above. 

    • The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.

    • If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.

  • Prize Details:

    • $5,000.00 paid by direct deposit to the winner's nominated Australian bank account in their name.

  • Prize Conditions: The winner must provide their Australian bank account details to the Promoter in order for the prize to be awarded.

  • Winner Notification: The winner will be contacted by phone and email linked to their Jimmy Brings account within seven (7) days of the draw. The winner will be published at www.jimmybrings.com.au by 10/04/24.

  • Unclaimed Prizes: Prize must be claimed by 03/06/24 at 12:00 pm AEST. In the event of an unclaimed prize, the prize will be redrawn on 04/06/24 at 12:00 pm AEST at JIMMY BRINGS AUSTRALIA PTY LIMITED, Level 1, 26 Waterloo Street, Surry Hills NSW 2010, Australia. The winner of the redraw will be notified by phone and email linked to their Jimmy Brings account within seven (7) days of the redraw. The winner will be notified publicly (and their details published) at www.jimmybrings.com.au by 11/06/24. If there are no prize winner/s or winner/s for this Promotion cannot be found, this information will be published at www.jimmybrings.com.au.

General Terms

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.

  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.

  3. Valid and eligible entries will be accepted during the Promotional Period.

  4. Employees (and their immediate family members) of the Participating Venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

  5. All reasonable attempts will be made to contact the winner.

  6. If the winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

  7. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.

  8. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.

  9. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.

  10. The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Entrants will be refused service of alcohol or provision of an alcohol beverage if it would breach any laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. Entrants will be refused service of alcohol or provision of an alcohol beverage if it would breach any laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol. Please refer to the GL4001 'Liquor promotion guidelines' and GL4003 'Intoxication guidelines' at https://www.liquorandgaming.nsw.gov.au/. 

  11. The prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.

  12. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter will handle personal information in accordance with its privacy policy which is located at https://jimmybrings.com.au/privacy-policy/. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion.

  13. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.

  14. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner  may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.

  15. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.

  16. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

  17. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.

  18. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.

  19. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.

  20. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law).

  21. The winner will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.

  22. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.

  23. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

GENERAL TERMS AND CONDITIONS

As a condition of using the Jimmy Brings Progressive Web App (which includes our website and mobile application) (Site), you agree to comply with and be subject to all of the following terms and conditions of use, including our Privacy Policy (Terms and Conditions). This agreement is between you and Endeavour Group Limited trading as Jimmy Brings (ABN 77 159 767 843) (Jimmy Brings, us, we).

1. Ordering through Jimmy Brings

When placing an order through Jimmy Brings, you confirm all details you provide in the 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.

2. Personal information

We collect your personal information when you place an order with Jimmy Brings. Our Privacy Policy provides details of how Jimmy Brings collects, uses and discloses your personal information, how you can access your personal information or raise a complaint about the management of your personal information.

3. Address for delivery

You acknowledge that we only deliver to specific locations.

You agree that the delivery address is the address you provide when placing your order, or any other address we may subsequently agree to accept. We may only accept deliveries to private residential or business addresses. We cannot deliver to public places in alcohol-free zones, alcohol prohibited areas, or alcohol restricted areas.

We will not deliver unless all requested delivery details are provided to us when you place your order.

4. Delivery pre-conditions

Minimum order value is $20 (excluding any delivery fees). All promotions and discounts do not apply to Tobacco items.

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.

We will not deliver your order unless the nominated delivery recipient provides evidence of their age and identity using a recognised form of identification.

We will not deliver your order if we reasonably consider any delivery circumstances are unsuitable, including because any likely recipient of the ordered products appears to our delivery personnel to be intoxicated or abusive, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable to accept delivery for any reason (including because they may be under 18 years).

5. Delivery times

The majority of Jimmy Brings orders are delivered to your door within the requested timeframe. You accept the risk that occasionally, due to circumstances outside of our control, deliveries may be delayed.

Our delivery personnel are unable to deliver outside of our trading hours.

You can stay up-to-date on your delivery by tracking its progress on the Jimmy Brings app or website. Our customer service staff are available to update you on your delivery during trading hours. You can contact us via the Contact Us page.

6. Cancellations by us

We may cancel your order before completion of delivery in whole or in part. We may do this even if we have received payment from you or have sent you a tax invoice. We will endeavour to give you reasonable notice of the cancellation and refund by contacting you via phone, text, or email.

The circumstances in which we may cancel your order (acting reasonably) are as follows:

(a)if any of the ordered products are not available;

(b)if there are no drivers available to deliver your order;

(c)if there was an error in the description of any ordered products;

(d)if your order is made in breach of any of these terms, or contrary to any person's rights or the law;

(e)if these terms and conditions provide that we will not deliver your order (for instance, under “Delivery pre-conditions” we will not deliver if the delivery circumstances are unsuitable); or

(f)if we suspect fraudulent behaviour by you.

If your order is cancelled:

(a) for the reasons set out in (a), (b) or (c), you will not be charged for the cancelled order. If any payment has been taken for the cancelled order, then the full amount, including any bank fees and charges, will be refunded to your original payment method or through an alternative means where we agree.

(b) for the reasons set out in (d), (e) or (f), we will refund you for your order except for the delivery fee where we have already incurred the cost of delivery.

7. Cancellations by you, returns & refunds

Change of Mind

If you wish to cancel your order after you have placed it so that you may place another separate amended order, please get in touch through our Contact Us page.

Cancellations

You may cancel all or part of an order before it reaches the dispatch processing stage, in which case you will receive a refund on the products (including delivery fees, provided that there are no other products in the order that need to be shipped as a result of the remaining order).

If an order has already been dispatched, cancellations are only possible if we (acting reasonably) agree to them. We will make every attempt to accommodate your request, however, no guarantee can be given once an order has been placed and dispatched.

If you have requested a cancellation but your order has already arrived, we may still be able to arrange a return. Please get in touch via our Contact Us page and we can help you with your return options. Conditions apply, so please see our returns and refunds policy below.

Faulty products

If a product you have purchased from Jimmy Brings is faulty, damaged (excluding damage caused by you, including misuse), wrongly described or breaches a consumer guarantee, we will cheerfully refund your money, exchange or provide you with an account credit.

Defective services

In respect to any other services Jimmy Brings provides, our services come with guarantees that cannot be excluded under the Australian Consumer Law.

Further details in relation to your consumer guarantees can be found at clause 17 below.

How to return or exchange?

In the unlikely event your product is faulty, please contact Jimmy Brings via our Contact Us page.

We will ask you for a valid proof of purchase when returning a faulty product. If your purchase incurred a delivery fee, then we will also cover the cost of delivery for the return.

8. Delivery records

We may record all details relating to deliveries. We will only use and disclose such records in accordance with our Privacy Policy and for reasonable business purposes, which may include proof of delivery, administration, and complying with record keeping requirements under liquor licensing laws and law enforcement.

9. Risk

Provided we have acted on your delivery instructions, you agree that risk of loss or damage to products relating to your order passes on delivery.

10. Title and place of supply

You agree that title to the products you purchase passes at the licensed premises where we dispatch the products in your order and passes to you once the products have been paid for and dispatched. We do not supply alcohol to you from places which are not licensed under applicable alcohol licensing laws, even though such other places may be the delivery location.

Upon us refunding you for any products (less any amount you have agreed we may deduct, for example under "Cancellations by us" (set out at clause 6 above) you agree that the title in those products shall immediately pass back to us.

11. Liquor licences

New South Wales, Victoria and Tasmania

Under the Liquor Act 2007 (NSW), it is an offence to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18. Under the Liquor Control Reform Act 1998 (Vic), it is an offence to supply alcohol to a person under the age of 18 years and for a person under the age of 18 years to purchase or receive liquor. For customers with delivery addresses in NSW, VIC and TAS, the sale of liquor pursuant to the agreement to sell from this platform is made at the licensed premises attached to liquor licence no. LIQP770010295.

South Australia and Western Australia

For customers with delivery addresses in SA and WA, the sale of liquor pursuant to the agreement to sell from this platform is made at the licensed premises attached to liquor licence no. 57707815. Property in the goods is transferred to the customer on acceptance of payment of the purchase price in SA by the holder of the liquor licence no. 57707815.

Queensland and Australian Capital Territory

For customers with delivery addresses in QLD or the ACT, the sale of liquor pursuant to the agreement to sell from this platform is made at the licensed premises attached to the liquor licences detailed below. As such, your contract of sale is with the relevant licensee at the relevant premises from which your order is accepted and fulfilled, and liquor is sold from our platform on behalf of the relevant licensee. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, verification of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the above mentioned licensed premises.

ACT

14005587, 14002610, 14005701, 14004703, 14005674, 14005617, 14002484, 14004893, 14001940, 14001730

QLD

114212, 191706, 79885, 79864, 79853, 79822, 79887, 79833, 79904, 79880, 79823, 79841, 79903, 79844, 41100972, 79886, 79825, 79891

12. Responsible Service of Alcohol

Jimmy Brings takes the Responsible Service of Alcohol (RSA) very seriously. We have an obligation to ensure and facilitate the RSA and in some circumstances we may have to refuse service to someone to meet our obligations. Whilst there are various reasons we may need to refuse service, the five most common reasons are:

  • intoxication

  • secondary supply

  • school uniform

  • minors

  • order limits

As part of the responsible supply of alcohol we cannot sell or supply alcohol to a person who is intoxicated. We will refuse service and/or cancel your order if we believe you are intoxicated or are purchasing alcohol on behalf of an intoxicated person.

Secondary supply

Secondary supply is where an adult purchases alcohol on behalf of a person under the age of 18. We will cancel your order if we have reasonable belief an adult is purchasing alcohol on behalf of a minor or will supply alcohol to a minor. If we overhear a conversation between an adult and minor or witness any actions that suggest the purchase is for the minor we will cancel the order. We will always err on the side of caution in the interest of safe and responsible service of alcohol.

School Uniform

Our Refusal of Service Policy does not permit alcohol to be sold to young customers wearing their school uniform, including a sports uniform. Even if the individual is over the age of 18, this presents a poor image to the community and heightens the risk of alcohol being purchased for minors. We would be more than happy to serve those individuals who return in normal wear and provide identification to confirm they are at least 18 years old.

ID25 Policy - Proof of age verification

As a part of our commitment to the responsible service of alcohol, we will ask for proof of age identification if you appear to be under 25. We take the responsible service of alcohol very seriously and want to make absolutely sure that we only sell alcohol to people of the proper legal age (18+).

Order limits

We may prevent you from ordering if you have reached or exceeded certain ordering thresholds. This restriction may include orders placed by or under the same customer account, the same mobile number, and/or orders that use the same billing and/or shipping address. We do this as part of our RSA commitment.

Retail limits

We may, in our sole discretion acting reasonably, limit or cancel quantities purchased per person if such quantities exceed our purchase limits. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. You will be refunded any items not supplied. We may also sometimes have special temporary restrictions on certain items, usually due to issues with supply. This should be noted on the product's page.

14. Substitution or missing items in your order

You acknowledge that a product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that product.

If a product ordered by you is out of stock or unavailable, we will endeavour to contact you to ask whether you wish to be provided with a substitute product of equal or greater value than the product you selected. If you agree, we will charge you the price of the product you originally ordered rather than the price of the substitute product.

If there are items missing from your collection or delivery, then you should check the receipt that we provided to you to determine if the missing product is marked as out of stock and a substitute product has not been provided. We will provide you with a refund to the card you used to purchase the products that could not be supplied.

In all other circumstances, you may contact us via our Contact Us page and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not supplied to you, we will provide you with a credit or refund to your relevant account within 3-5 business days for the products that were charged but not supplied to you.

15. Changes to Terms and Conditions (including delivery charges)

Jimmy Brings’ 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 on our website at https://jimmybrings.com.au/. Continuing to order from Jimmy Brings after the period of advance notice has expired will be deemed as acceptance of the changed terms and conditions.

16. Privacy and Communications

You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email and SMS) where you have not opted out (as described below) from receiving such electronic messages sent to you by Jimmy Brings via those channels or media. Your agreement to receive commercial electronic messages from us will be effective until you opt out.

You may opt out of the receipt of commercial electronic messages, by using the unsubscribe facility in the footer of any commercial electronic message. In limited circumstances, our cybersecurity controls may block you from accessing our Site in order to unsubscribe. If this happens, please send us an email to [email protected] with the channel(s) (i.e., email or SMS) that you wish to unsubscribe from and we will ensure that your request is actioned as soon as possible.

If you tell us you opt out of the receipt of such material, you will only receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or the Privacy Policy, Account transactions or other important information relating to products you have purchased.

Opting out of receiving commercial electronic messages from Jimmy Brings will not withdraw your consent to receive messages from other Endeavour Group brands. Any consent you have provided to receive commercial electronic messages from other Endeavour Group brands are governed under separate terms and conditions that apply to those other Endeavour Group brands. If you would like to opt out of other Endeavour Group brands, please follow the opt out facilities in the relevant communications or other opt out options set out in their terms and conditions.

17. Site content

Jimmy Brings may make changes to the materials and services on this Site, or to the products and services described in them, at any time without notice. The materials and services on this Site may be out of date, and Jimmy Brings makes no commitment to update the materials and services on this Site.

18. Liability disclaimer

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Goods

For major failures with goods we provide, you are entitled to a replacement or refund and compensation for any drop in value of the goods. Where the failure does not amount to a major failure, you are entitled to either a repair, replacement or refund.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from any failure with the goods.

Services

For major failures with services we provide, you are entitled to (i) cancel the services contract and get a refund for the parts of the service not already consumed; or (ii) keep the services contract and get compensation for any drop in value of the services.

Where the failure does not amount to a major failure, you are entitled to a refund or to have the problem rectified (free of charge and within a reasonable time). If this is not done, you can get someone else to rectify the problem and recover the reasonable costs, or cancel the service (if it is ongoing) and get a refund.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from any failure with the services.

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:

  • You acknowledge that our Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site, anything (including content and websites) to or from which the Site is linked or any product for any purpose;

  • The content of the Site and all content to or from which the Site is linked does not constitute advice but may include statements of opinion and as such should not be relied on in making, or refraining from making, any decision;

  • We exclude all other implied terms and warranties, relating to the Site, the subject matter of our agreement with you, and all content to or from which the Site is linked;

  • 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.

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.

19. Loyalty Rewards Program

For every 7th eligible order you place with us, we will give you a voucher equal to the average eligible spend of your previous 7 eligible orders. An eligible order is an order of $29.99 or more on non-tobacco products (excluding delivery fees, before any discounts or credits are applied) that is placed via the Site (telephone orders and orders placed via third party partners are ineligible). Average eligible spend is the total amount you spent on non- tobacco products (excluding delivery fees, after any discounts or credits are applied) in the previous 7 eligible orders, divided by 7. We reserve the right to vary or withdraw our loyalty reward program without notice at any time and at our sole discretion

20. Give $10, Get $10 Terms and Conditions

Our Give $10, Get $10 program generates a unique code for each customer to share with friends. If a new user applies this code to their first order, they will receive a $10 discount to the subtotal of their first order. Upon successful delivery of the redeemers first order, a $10 voucher will be then applied to the referrer’s Voucher Vault. The $10 voucher must be redeemed within 12 months. There is no limit to the number of redeemers of a referrer’s code, however the code may only be used on a redeemer’s first order. This program is subject to change without notice at any time and at the sole discretion of Jimmy Brings.

Last Updated: 05 April 2024