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Terms & Conditions

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. 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: 17 September 2024