Drinks Network Australia Pty Ltd
(ABN 68 643 563 339)
Terms and Conditions for Vendors and Ambassadors
Terms and Conditions applicable to vendors using Drinks Network https://drinksnetwork.com.au
These terms and conditions are the contract between you and Drinks Network Australia Pty Ltd (“us”, “we”, “Drinks Network”; etc). By joining Drinks Network as a seller/vendor or using Our Website, you agree to be bound by them.
Drinks Network is a trading name of Drinks Network Australia Pty Ltd, ABN 68 643 563 339, whose Registered office is at Suite 31/112 McEvoy St, Alexandria NSW 2015.
About Drinks Network
Drinks Network is a marketplace that allows users to sell and buy Beer, Wine, Spirits, plus associated products and drink Event Experiences. The primary contractual sale relationship is between yourselves and the customer, and you remain fully liable for any rights that the customer has under Australian Consumer Law. In the event that Drinks Network is required to resolve any customer issues under Australian Consumer Law, you indemnify Drinks Network, and unconditionally agree to reimburse us for our resolution costs.
Any guidance we provide as part of our Services is solely informational and you may decide to follow it or not. There are overarching Drinks Network Terms and Conditions that you will need to agree to as a part of participating in this marketplace. Also, while we may help facilitate the resolution of disputes, Drinks Network has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
As a subscribing Vendor, here are the basics of what we are offering you and you are accepting within the broader scope of this agreement;
A. Vendors can list their products and experiences (including events) for sale on our website.
B. Vendors can set their selling prices (inclusive of GST), add and change description and media
C. Customers can buy products, experiences and event tickets.
D. We will manage the delivery of product purchases made by the customer on your behalf from your Nominated Fulfilment/warehouse to the customer.
E. We will pay you or your nominated fulfilment partner/warehouse 70% product commission made from product sales, excluding GST. The 30% Drinks Network commission is the margin out of which we undertake to pay the delivery component to the customer. This 70% product commission is intended to be your wholesale price (inclusive of the charge to you for the warehouse pick and pack) that your fulfillment partner will pay to you, after deducting the pick and pack) costs. In the event that your net wholesale price is different to this, it will be your responsibility to settle any adjustment differences with the fulfillment partner. All commission splits are exclusive of GST
F. We will pay you directly for 97% (exclusive of GST) of ticket prices for your Drink Experiences and events.
G. We will pay you or your nominated recipient for your Affiliate commissions.
H. You manage your customers’ needs through online chat.
I. We manage returns and refunds on your behalf and liaise with customers via our Help Desk as needed.
means a website user or paying customer, buyer of a product subscription, product, service or experience on offer on our website.
means a paying subscriber to a Drinks Network subscription that can list product, services or experiences on offer on our website.
means a subscriber to a Drinks Network subscription that can list experiences and services on offer on our website.
means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service-related material Posted by you.
means any experience or event that includes the provision of services beyond any physical Product, as created by the Vendor, who is deemed to be the Event Organiser, even if they delegate or sub-contract that responsibility to a third party
means any website of Drinks Network https://drinksnetwork.com.au, and includes all web pages controlled by us.
means place on or into Our Website any Content or material of any sort by any means.
means any item offered for sale by you on Our Website, whether physical goods, events, experiences or downloads.
means all of the services available from Our Website, whether free or charged.
means the warehousing partner that you nominate to manage fulfilment of orders of your products and receive payment on your behalf.
2. Our contract
The relationship between us is solely that:
A. in consideration of a fee charged by us, we provide for you an Internet marketplace as an arm’s length contractor.
B. we act as your agent solely in the collection of money paid by your customer.
C. we are not partners or joint venturers.
If you place a Product, experience or event for sale on Our Website, you do so subject to these terms.
A. When you place a Product on Our Website, you will be bound to provide all the information required by the Competition and Consumer Act 2010.
B. Although we are not a party to your contract with a buyer introduced to you via Our Website, we may remove your Product, experience or event from offer if a customer or Our Website visitor has a valid complaint against you.
C. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that any supply was made or product, experience or event listed.
D. Subject to this agreement and to the procedures set out on Our Website, you may enter a Product, experience or event for sale through Our Website.
3. Your Product placement
You agree that you will:
A. not place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of expertise which is not fully explained to a customer before purchase.
B. to remove from sale on Our Website any Product which for any reason, you are unable to supply.
C. not relist any Product we remove from offer for sale.
Deliveries of any hard copy and physical Products will be made from your Nominated Fulfilment partner premises or warehouse, by post or by a carrier instructed by us subject to the order placed by the Customer on Our Website.
We will notify both the customer and Vendor, on the date of sending, the tracking numbers that the Product has been dispatched and of the expected delivery date (if known).
If at any time, any customer notifies you of non-delivery within the time scale offered by us on Our Website, you will inform the customer that WeCare Support is investigating on your behalf, and we will notify the customer when we expect to be able to deliver the Product. We will provide additional tracking details or offer a resolution, such as a replacement or a refund if required under our returns policy. If the buyer received their item but it’s faulty, damaged, or doesn’t match the listed description, it is your responsibility to work with them to resolve their issue (you may also have to cover the return shipping costs).
5. Product returns
In Australia, consumers have a legal right to obtain a refund from a business for goods or services purchased if the goods or services are faulty, not fit for purpose or don’t match the description. You’re not allowed to include information in your listing which may mislead buyers about their rights. Our Website will advise Customers that they have rights under Australian Consumer Law, and that this relationship is between yourselves (as the Vendor) and them (as the Customer). This will be in the overarching Terms and Conditions.
You acknowledge that we may automate some aspects of the returns process if no reply is received to a return request within 3 business days. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any returns where a buyer and seller cannot come to agreement.
You agree that you will:
A. try your best to reply to the buyer within 3 business days to any return claims or disputes, if no response is received within 3 business days, Drinks Network will have to step in to find a solution;
B. comply with the law relating to the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns (according to our return and refund policy). You can see our returns and refunds policy here.
C. when you have an obligation to return money to a customer for any reason, we will do so as provided by our returns & refunds policy and claim subsequent reimbursement of commissions paid to you from us.
D. in the event that a Product ordered is not available, you must tell your customer and offer a replacement product or request us to refund any money paid;
E. comply with the Drinks Network procedures relating to satisfaction of an order.
F. provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.
6. The selling procedure
When setting up your account, it is important that you review and accept our terms and conditions for buyers, such as return & refund policy. You can do this from your Vendor Control Panel, just go to your account settings and you will find your account policy section. It’s important that you clearly understand the terms and conditions of the sale in your listing so that buyers know what to expect.
Please make sure to include the following details in your listing only if required. Please be aware that there will be an umbrella set of terms and conditions on Our Website that will apply to all Vendors. Any specific changes to any conditions you wish to make within your product listings will require specific written approval from Drinks Network
A. Return policy
B. Shipping method, costs, and other information
C. All selling prices are final and include GST
D. Terms of the transaction (if different from the Drinks Network terms and conditions. This should only be under exceptional conditions such as when a product is in “run out”, and is subject to prior written approval from us
E. Drinks Network is not responsible for the fulfilment of your contract to sell a Product.
F. You will receive a message by email at the time of each sale, providing full information about that sale.
G. You agree to tell us, through your Vendor control panel, if at any time your supply is exhausted.
Drinks Network will provide access to a self-service platform for the creation of an event ticketing page that will allow for the direct purchase of tickets by Customers
A. The ability to create an event ticketing page in accordance with the Drinks Network specifications
B. Connecting Customers to the event ticketing page using an official URL provided by Drinks Network
C. The ability to manage reporting and performance of the event ticketing page and event ticket sales using the dashboard provided by Drinks Network and
D. The ability to access our event ticketing mobile application for check-in.
The Event Organiser obligations include:
A. Creating each Event on the website
B. Providing the price for each ticket for the Event on the website
C. Being available to assist Customers through the Website as their queries arise (e.g. responsible for lost tickets, cancellations, editing bookings and refunding tickets) within any permitted cancellation period (if allowed)
D. Cooperating with Drinks Network and assisting us in the performance of Services
E. Ensuring interactions with Customers are carried out in a manner celebrating diversity and supporting equal rights
F. Must not upload content to the Website that promotes intolerance, racism, illegal behaviour or contains defamatory content
G. Not advocating, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap and
It is the responsibility of the Event Organiser to immediately advise Drinks Network both verbally and in writing if there are any problems or errors with any of the Event services so that these can be investigated and resolved prior to any disbursement of the proceeds of the event to the Event Organiser. The Event Organiser specifically indemnifies Drinks Network for any costs incurred, even if these are only established after the funds disbursement. These costs will be repayable to Drinks Network by the Event Organiser on demand.
The Event services provided by Drinks Network include the following key terms and conditions:
Drinks Network will pay to the nominated bank account of the Event Organiser the proceeds of ticket sales (excluding GST) from the Event (less the Drinks Network commission which the Event Organiser irrevocably authorises Drinks Network to deduct), within 5 Business Days from the date the event is completed. Pre-release of event revenue will not be an option under any circumstances.
8. Cancellation of Events and Refunds
The Event Organiser may cancel, postpone or significantly vary an Event in its discretion. The Event may also be cancelled by authority of an external authority,
A. When an Event is cancelled, postponed or significantly varied by the Event Organiser (for whatever reason including where the change is beyond the control of the Event Organiser) the Event Organiser must:
B. Use its best endeavours to inform ticket holders of the Event being cancelled, postponed, or significantly varied, and
C. Offer ticket holders a comparable ticket to a postponed or significantly varied Event or a refund of the ticket for cancelled Events. If a refund is due, Drinks Network will arrange that from the ticket revenue held in escrow
D. The Event Organiser acknowledges that where an Event is cancelled for any reason whatsoever, the Drinks Network commission is non-refundable to the Event Organiser, and Drinks Network is authorised to deduct the commissions from any other moneys due to the Vendor, or can otherwise invoice the Vendor, and the amounts will be payable within 5 days
9. Chargebacks and Reversals
The Event Organiser accepts full liability for the cost of chargebacks and reversals and all such ancillary fees (Chargeback Costs) incurred by Drinks Network and acknowledges that Drinks Network reserves the right to charge event organiser for all such Chargeback Costs.
A. The Event Organiser agrees to promptly and fully reimburse Drinks Network for Chargeback Costs on demand.
B. The Event Organiser authorises Drinks Network to represent chargebacks and reversals on behalf of them with the relevant card issuer and Drinks Network will use commercially reasonable efforts to represent chargebacks and reversals on behalf of the Event Organiser.
C. The Event Organiser acknowledges and agrees that Drinks Network has no obligation to represent chargebacks that it believes in it’s discretion that it will likely lose or relate to a transaction that should be refunded in accordance with the Event Organiser’s refund policy.
D. The Event Organiser acknowledges that chargebacks and reversals can result in loss to Drinks Network in excess of the amount of the relevant transaction and therefore, refunding a transaction in advance of a chargeback is mitigating loss to the Event Organiser and the Event Organiser authorises Drinks Network to make such decisions in its sole discretion.
Drinks Network reserves the right to retain a reserve of funds from ticket sales for the amount of anticipated refunds, disputed charges, chargebacks, customer complaints or changes to the Event Organiser’s credit profile or risk profile, in such amount determined in its sole discretion. If this reserve of funds is insufficient to cover costs incurred by Drinks Network, then the amount of that shortfall of funds are deemed due and owing by the Event Organiser and the Event Organiser agrees to pay such shortfall to Drinks Network on demand.
10. Drinks Network Marketing and Promotions
The Event Organiser acknowledges and agrees that Drinks Network may without the Event Organiser’s permission, refer to the Event Organiser in any publicity following performance of the Services and with the Event Organiser’s written permission during the Services.
11. Nature of Relationship
The Event Organiser acknowledges that the relationship between the Event Organiser and Drinks Network is that of an independent contractor providing an online software service and not evidence of a partnership, joint venture, fiduciary relationship or an employment relationship.
The Event Organiser will commit an event of default upon the occurrence of any of the following events (Events of Default):
A. The Event Organiser engages in conduct that reflects in an unfavourable or substantially adverse way on the operation and reputation of Drinks Network including Drinks Network values and mission
B. The Event Organiser, or any person that owns or controls the Event Organiser, is convicted of any criminal offense
C. The Event Organiser breaches the Event Organiser obligations set out in these terms
D. The Event Organiser breaches any of the terms of this Agreement
E. The Event Organiser is declared insolvent or makes any composition with its creditors
F. The Event Organiser wilfully or fraudulently misrepresents any aspect of the Services to customers.
G. Upon any Event of Default Drinks Network may terminate this Agreement by notice in writing to the Event Organiser and remove it from the Website.
H. Upon the termination of this Agreement as the result of an Event of Default Drinks Network will pay to the Event Organiser (within 10 business days) all moneys otherwise payable to the Event Organiser in full, other than the Drinks Network Commissions which the Event Organiser irrevocably authorises Drinks Network to deduct from such payment, and any refunds or other charges yet to be incurred.
13. Goods and services tax
Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items on Our Website. For more information about your tax obligations, please contact the Australian Taxation Office.
In any jurisdiction where Drinks Network has an obligation to collect tax on consumer purchases:
A. Drinks Network will deduct and retain GST from the final sell price as paid by the customer;
B. Drinks Network will display the GST amount at checkout once the buyer’s order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
C. Drinks Network will collect this amount via any means available to us and remit the tax to the relevant authority.
As a vendor, you acknowledge and agree that where Drinks Network has an obligation to collect GST on consumer purchases and that we may not report GST collected to you. Any responsibility for any other taxes (including but not limited to WET, excise and any other alcohol or non-alcohol taxes) will always remain your responsibility.
14. Our commission and payment to you
We do retain a proportion of each sale, which currently is 30% on all products and 3% on all experiences and ticketed events, excluding GST. This amount may change at any time, but you will be informed by email with reasonable notice if any changes are made.
We sell your Products at the selling price you place on it, subject to these terms and also the requirements we set out on Our Website from time to time.
A. Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by the buyer.
B. Our Website selling system is an automated system which can be followed by you through the ” Vendor control panel”.
C. We will pay you within 3-10 working days of confirmed receipt of order (always subject to Drinks Network receiving cleared funds). Typically, we expect to pay our Vendors or Fulfillment partners within 7 days
D. If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time. In the event that you are no longer a Vendor, we will claim this from you and expect settlement within 7 days.
E. If you or we accept any cancellation and consequently refund money to a customer, we will not repay our commission to you. This is as a consequence of already incurring delivery and other costs that cannot be recovered otherwise
F. If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
G. Shipping fees will be collected by us and spent on shipping by us which we manage on your behalf as part of the service we provide you as a subscribing Vendor.
H. GST will be handled in accordance with current GST legislation and your ABN registration status.
15. Advertising your Product
If you accept our offer to advertise market or promote your Product, experience or event, the following conditions apply.
A. We may use the services of a specialist Internet marketing business associated with Drinks Network.
B. Without prior consent of the other party, neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.
C. The price charged to you will include all payments we make to others.
D. We give no guarantee as to the success of any advertising or promotions placed.
E. We reserve the right, and you agree to grant us; irrevocable, on-going universal rights to use your product image, brand, logo, identity and personal name and likeness to, produce, post, promote your products information including images on our social media platforms and in electronic means necessary to promote as necessary and as we see fit.
16. Your Product warranties
You warrant that any Product, experience or event you place on Our Website for sale:
A. is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
B. does not offend against the law of any country whose citizens might purchase it;
C. You warrant that you own the copyright of any Content you place on Our Website for sale, or that you have the permission of the copyright owner:
D. to enter or upload that Content;
E. to receive the net proceeds of such sales as arise.
17. How we handle your Content
If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
A. You now irrevocably authorise us to publish feedback, comments and ratings about your Products, services and activity through Our Website, even though it may be defamatory or critical. If you have a problem with feedback or you think it is not true, please contact us at email@example.com.
B. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we cannot protect your rights.
C. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been posted by you;
D. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
E. Please notify us right away of any security breach or unauthorised use of your account.
18. Using Our Website
We invite you to Post Content to Our Website for marketing your products and experiences. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. You will also be bound by our User Terms and Conditions that can be found here.
While using Our Website, you will not:
A. be unlawful, or tend to incite another person to commit a crime;
B. be obscene, offensive, threatening, violent, malicious or defamatory;
C. infringe any laws, third party rights or our policies;
D. be sexually explicit or pornographic;
E. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
F. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
G. Sell on Our Website if you are not able to form legally binding contracts, are under the age of 18 or are suspended from selling on Our Website;
H. circumvent or manipulate our fee structure, the billing process, or fees owed to Drinks Network;
I. distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
J. distribute viruses or any other technologies that may harm Our Website or the interests or property of Drinks Network users;
K. harvest or otherwise collect information about users, including email addresses, without their consent.
L. Offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Drinks Network, you may be liable to pay a commission fee applicable to that item.
19. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
20. Security of Our Website
You now agree that you will not, and will not allow any other person to:
A. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
B. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
C. download any part of Our Website, without our express written consent;
D. share with a third party any login credentials to Our Website.
21. Copyright and other intellectual property rights
All content on Our Website, is the property of either us, our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
A. You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
B. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
C. Drinks Network will own the database of Customers who purchase from us or subscribe to any newsletters or similar subscription services. We may allow you to use this email list (or part thereof) with our express written permission, which can be withdrawn at any time
22. Interruption to the Service
D. We give no warranty that the Service will be satisfactory to you.
E. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
F. You acknowledge that our Service may also be interrupted for reasons beyond our control.
G. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
23. Trading on Drinks Network and limitation of liability
While we try our best to maintain a safe trading environment, you accept that there are unfortunately sometimes risks when trading online and using Our Website, including dealing with fraudulent people.
A. You will not hold Drinks Network responsible for other users’ content, actions or inactions, any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
B. You acknowledge that Our Website is a venue to allow anyone to sell, and buy Drink products and experiences, at any time, from anywhere in Australia, in a variety of pricing formats and locations. We are not involved in the actual transaction between buyers and sellers.
C. We have no control over the ability of buyers to pay for items or that a buyer will actually complete a transaction.
D. Whilst Drinks Network will take all reasonable endeavours to ensure that no fraudulent activity occurs or phished or other fraudulent credit cards are honoured in the sale process, you accept that the costs of any fraud are yours (as the seller), and you will be responsible for any fraud recoveries
E. You must ensure that you comply with your obligations and are aware of any laws relevant to you as a vendor.
F. You alone, and not Drinks Network, are responsible for ensuring that your listing, selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Contract and the policies which form part of the Contract.
G. We do not take ownership of the items at any time and do not transfer legal ownership of items from the vendor to the buyer.
H. We cannot guarantee continuous or secure access to Our Website, and the operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use Our Website or services.
I. Our Website and Services are provided “as is”. As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
J. as to fitness of Our Website and Service for a particular purpose;
K. as to availability and accessibility, without interruption, or without error;
L. any obligation, liability, or remedy in tort whether or not arising from our negligence.
M. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
You will indemnify us (and our officers, directors, shareholders, advisors, agents, subsidiaries, joint venturers, consultants and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Contract, or your infringement of any law or the rights of a third party in the course of using Our Website.
25. Miscellaneous matters
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
If you are in breach of any term of this contract, we may:
A. terminate your account and refuse access to Our Website;
B. remove or edit Content, or cancel any order at our discretion.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
A. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
B. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
C. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
D. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
E. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
F. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
G. This agreement and any dispute that may arise as a result will be first arbitrated under a dispute resolution process in the state of New South Wales.
H. This agreement and any legal process that may arise will be dealt with under the legal system and courts of the state of New South Wales.