Terms & Conditions

Interpretation

Nothing in these conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including by the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law) where such law cannot be excluded, restricted or modified.

General

These conditions will prevail over all conditions of the buyer’s order, to the extent of any inconsistency.

These conditions may only be waived in writing by Tōji Sake.

Changes to Terms and Conditions

These Terms and Conditions are subject to change or suspension from time to time. Tōji Sake will endeavour to provide you with as much notice as reasonably practicable prior to changes or suspension.  

Terms of Sale

The goods and all products sold by Tōji Sake are sold pursuant to these terms and conditions.

Prices and Payment

All prices stated are inclusive of Goods and Services Tax (GST).

Prices quoted are calculated at the date of issue of a relevant quotation and include rates provided by third parties providers, which include the cost of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials and any other charges affecting the cost of production (Third Party Rates).

Payment for all orders is to be made online via credit cards, at the Tōji Sake website - www.tojisake.com.au Tōji Sake does not accept American Express.

Product

Tōji Sake will endeavour to ensure that all photos, images and pictures depicting the products on this website accurately reflect the product that is dispatched and delivered. Tōji Sake reserves the right to alter packaging and labels to their product and will endeavour to advise customers ahead of delivery if the product to be delivered may differ in appearance (meaning packaging and labelling) from the photos, images and pictures displayed on the Tōji Sake website at the time your order was placed.

Orders  

All orders are to be placed online via the Tōji Sake website – www.tojisake.com.au

When you order from Tōji Sake you acknowledge that:

  • you are making an offer to purchase from Tōji Sake;

  • you are over the age of 18 years;

  • all details provided by you during the online ordering process are true and correct;

  • you accept these terms and conditions; and

  • you agree that your order cannot be changed or cancelled once placed.

If you wish to make changes to your order please contact Tōji Sake as soon as possible on (03) 9503 9718 and the team will endeavour to assist you, but Tōji Sake cannot guarantee that changes will be possible once an order has been placed. If Tōji Sake are able to assist you with changes to your order, request for proof of purchase may be requested. If you are unable to provide proof of purchase as requested Tōji Sake reserves the right to assist you with any changes.

If Tōji Sake are able to assist you with changes to your order, a request that you pay reasonable costs of processing the changes to the order may be made.

If you fail to provide all details requested during the order process Tōji Sake may be unable to complete or deliver your order.

Tōji Sake reserves the right to cancel your order if:

  • the products ordered are not available;

  • an error in the description of the ordered product as advertised has been identified; or

  • the order breaches these Terms and Conditions.

Delivery

Tōji Sake rely on the details provided by you during the order process when processing your order and arranging delivery.

Stated delivery costs and times are estimates only and Tōji Sake is not liable for late or non-delivery. Tōji Sake reserves the right to alter the delivery cost or time frames for delivery (as stated) from time to time.

Tōji Sake is not liable for any loss, damage or delay occasioned to you arising from late or non-delivery.

Tōji Sake reserve the right not to deliver where unsuitable circumstances for delivery present. Delivery may be refused for range of reasons including but not limited to:

  • a person being under the age of 18 years at the delivery location;  

  • a person being under the influence of drugs or alcohol at the delivery location; or

  • if our delivery agent believes the person at the delivery location is acting for or on behalf of a person under the age of 18 years.

Tōji Sake reserves the right to request ID on delivery and may refuse delivery if acceptable ID cannot be provided.

Risk

The risk of loss or damage to goods passes from Tōji Sake to you on delivery, including where delivery is to an unattended location.

Title and Supply

Title to the goods passes to you at the time you place your order and at the place from which Tōji Sake dispatch the goods.

If Tōji Sake accept a refund of goods, title to the goods shall pass back to Tōji Sake at the time your money is refunded (without regard to the location of the goods).

Refunds and Exchanges

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Tōji Sake are not required to provide a refund or replacement if you change your mind.

Tōji Sake will provide a refund or exchange in circumstances where the product:

  • is faulty;

  • damaged;

  • significantly differs from the sample or description; or

  • breaches a consumer guarantee.

In any of these circumstances, Tōji Sake simply requires you to provide proof of purchase. Tōji Sake will not cover the cost of return delivery.

If you believe your goods are eligible for a refund or exchange, please do not hesitate to contact Tōji Sake:

via telephone (03) 9503 9718; or

via email orders@tojisake.com.au .

If Tōji Sake agree to provide you with a refund, the refund is the total amount Tōji Sake will be liable for and pay. If you accept a refund from Tōji Sake you acknowledge that you have no further claim as to any loss or damage suffered you may have suffered.

Tōji Sake reserves the right to refuse a refund or exchange where you have contributed to the loss or damaged suffered as a result of delivery or use of the goods.

Enquiries and Complaints

If you cannot find the information you are looking for on this website, please do not hesitate to contact Tōji Sake:

via telephone (03) 9503 9718; or

via email orders@tojisake.com.au .

If you have a complaint about a Tōji Sake product, please send your complaints in writing to orders@tojisake.com.au. Tōji Sake are committed to improving their products and services based on your feedback.

Compliance with Liquor Control Reform Act 1998 (Vic)

The offer to purchase you make via this website is made at our licenced premises in accordance with the licence numbers stated below. Your contract of sale is with Kobayashi Co Pty Ltd trading as Tōji Sake (Tōji Sake). Tōji Sake reserves the right to accept or deny your offer to purchase based on certification, evidence of you being over the age of 18 years and availability of stock the subject of your order.

Licence No. 36141870, 33768916.

Liability Disclaimer

To the extent permitted by law (including the Australian Consumer Law) all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or otherwise are expressly excluded.

Tōji Sake is not liable for physical or financial injury, loss or damage or for consequential loss (whether by contract, tort or statute law) or damage of any kind arising out of the supply or operation of the goods or arising out of the negligence of Tōji Sake in any way.

To extent permitted by law (including the Australian Consumer Law) Tōji Sake makes no warranties of any kind, including but not limited to the accuracy of the information provided by this website. This website should not be relied on by you as a source of advice.

Use of Material on Website

This Website is owned and operated by Kobayashi Co Pty Ltd on the World Wide Web (WWW).

The material on the Website is copyright © 2017 Kobayashi Co Pty Ltd.

You must not use the Website, or the material contained on it for any purpose, including but not limited to:

  1. reproducing the material in any material form;

  2. distributing the material in any material form;

  3. re-transmitting the material by any medium of communication;

  4. uploading and/or reposting the material to any other site on the WWW; or

  5. “framing” the material on the Website with other material on any other website.

These activities are unlawful in any jurisdiction in Australia and are specifically prohibited pursuant to these terms and conditions.

Place of Contract

This agreement shall be governed by and construed in accordance with Victorian law. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction. Nothing in this clause is intended to undermine the jurisdiction of the Federal Court of Australia or Federal Magistrates Court of Australia.

Privacy Statement

This Privacy Statement applies to all personal information collected by Tōji Sake via the website www.tojisake.com.au.

Your privacy is very important to us. For that reason, please read the following details carefully and do not hesitate to contact Tōji Sake if you have any questions or complaints. You can contact us on:


via telephone (03) 9503 9718; or via email orders@tojisake.com.au.

Collection and Purpose

Tōji Sake may collect personal information from you in the course of our website where you input any personal information or details into the website during the online ordering process.

In addition, Tōji Sake may collect cookies from your computer, which enables us to tell when you use the website and also to help customise your website experience.

Tōji Sake may collect and hold the following personal information:

  • name,

  • address,

  • telephone number; and

  • age.

Personal information will generally be stored within a computer systems.
The purpose for which Tōji Sake collect personal information is to provide you with the best service experience possible.

Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the website or the Tōji Sake may be unable to deliver the goods and services as advertised.

Disclosure

Generally, Tōji Sake will only disclose personal information to our service providers when necessary. Our service providers include persons, companies or other entities that assist us with IT services, advertising, delivery, mailing, gateway providers, or bank or other organisations that check for fraudulent transactions.

In addition, Tōji Sake may disclosure personal information when required to do so by law.

Tōji Sake may de-identify personal information to enable the collection of anonymous data about the purchase of their products.  

Security

Tōji Sake have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation.

Access and correction

Tōji Sake acknowledges that National Privacy Principle 6 of the Australian Privacy Act 1998 (Cth) allows you to access, and correct, the personal information we hold about you in certain circumstances.

 

If you would like to obtain such access, please contact us via email at orders@tojisake.com.au