Terms
& Conditions
These Terms & Conditions outline the rules and obligations for using services. By using our platform, you agree to follow these terms for a smooth and compliant experience.
1. General
As a condition of using the BOOMM website at boomm.au and/or the BMMe mobile App (“Site” unless otherwise specified) you agree to comply with and be subject to all of the following terms of use, including our Privacy Policy (“Terms and Conditions”). This agreement is between you and BOOMM Pty Ltd as BOOMM (ABN 52 655 116 233) (“BOOMM”, “us” or “we”).
2. Ordering through BOOMM
When placing an order through BOOMM, 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 don’t confirm that you’re 18 or older, we won’t process your order.
3. Personal information
We collect your personal information when you place an order with BOOMM. Our Privacy Policy provides details of how BOOMM 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.
4. Address for delivery
You acknowledge that we deliver only to specific locations. Additionally, you agree that the delivery address is the one provided when placing your order, or any other address we may later agree to accept.
Furthermore, deliveries are limited to private residential or business addresses. We do not deliver to public places, including alcohol-free zones or restricted areas.
To ensure timely delivery, all requested delivery details must be provided at the time of purchase.
5. Delivery pre-conditions
Minimum order value is $10 (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 won’t deliver your order if we believe the delivery conditions are unsuitable. This includes cases where the recipient appears intoxicated, abusive, under 18, or acting on behalf of someone who is unsuitable to accept delivery, such as someone under 18.
6. Delivery times
Most BOOMM orders arrive within the requested timeframe. However, you acknowledge that delays may occur due to circumstances beyond our control.
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 BOOMM app or website. Our customer service staff are available to update you on your delivery during trading hours. You can contact us via the website chatbox or Whatsapp.
7. Cancellations by us
We reserve the right to cancel your order, in whole or in part, before completing the delivery. We may do this even after receiving payment or sending a tax invoice. Reasonable notice of cancellation and refund will be provided, and we will contact 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 we made an error in the product description.
(d) If your order violates any of these terms, infringes on someone’s rights, or breaks 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 we cancel your order:
(a) For any reasons listed in (a), (b), or (c), you won’t be charged. If we have already taken payment, we will refund the full amount, including any bank fees, to your original payment method or through an agreed alternative.
(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.
8. 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 website chatbox or via Whatsapp.
Cancellations
You can cancel all or part of an order before it reaches the dispatch stage and receive a refund for the products, including delivery fees (if no other items in the order still need shipping).
If the order has already been dispatched, cancellations are only possible if we agree. While we will do our best to accommodate your request, we cannot guarantee cancellation once the order has been 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 BOOMM 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
BOOMM services come with guarantees that cannot be excluded under Australian Consumer Law.
For more details about your consumer guarantees, refer to clause 17 below.
How to return or exchange?
In the unlikely event your product is faulty, please contact BOOMM via our website chatbox or Whatsapp.
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.
9. 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.
10. 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.
11. Title and place of supply
You agree that ownership of the products passes to you at our licensed premises once the products are paid for and dispatched. We only supply alcohol from licensed premises, even if the delivery location is elsewhere.
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.
12. 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 in NSW, VIC, and TAS, the sale of liquor under this agreement is made at the licensed premises associated with liquor licence no. LIQP770018207.
13 Responsible Service of Alcohol
At BOOMM, we take our commitment to the communities we serve seriously. Our core value, “we’re responsible,” guides everything we do.
We have a legal and moral obligation to ensure and enforce the Responsible Service of Alcohol (RSA). As part of this commitment, we may sometimes need to refuse service to individuals in order to comply with these obligations.
There are several reasons why we might refuse service, but the four most common are:
– Intoxication
– Secondary Supply: We prohibit customers from providing alcohol to anyone who is intoxicated or underage.
– School Uniform: We do not serve alcohol to individuals wearing
– school attire, including sports uniforms.
– Minors
– Order limits
Our Refusal of Service Policy outlines the steps we take to identify and refuse service for issues related to intoxication, secondary supply, or school uniform. Additionally, our ID25 Policy ensures we refuse service to minors, in strict compliance with the law.
13.1 Intoxication
Team members must refuse to serve alcohol to customers who are intoxicated or appear intoxicated.
If you reasonably believe a customer is intoxicated, refuse service politely but firmly.
While it’s often easy to identify intoxication, there may be situations where you’re unsure. In those cases, take the time to find out more:
– Approach the customer and offer assistance.
– Engage in conversation.
– Pay attention to their responses and movements.
If, after this interaction, you reasonably believe the customer is intoxicated, refuse service.
Always look for more than one sign of intoxication. Keep in mind that certain medical conditions or disabilities can mimic intoxication. You should have a reasonable belief that a customer’s behavior is due to intoxication before refusing service.
13.2 ID25 Policy - Proof of age verification
As part of our commitment to the Responsible Service of Alcohol, we strictly enforce proof of age verification. We are dedicated to ensuring that alcohol is only sold to individuals of legal drinking age (18+).
To stay on the safe side, we require ID if you appear to be under 25. This policy applies both in our retail stores and for home deliveries.
Please don’t be offended if we ask for your ID. Think of it as a compliment—we’re simply being cautious because you look under 25!
13.3 Refusal Of Service - Secondary Supply
Secondary supply is the most common way young people obtain alcohol; this is where an adult purchases alcohol on behalf of a person under the age of 18. It is against the law to provide or supply alcohol to a minor on a licensed premises. We will refuse service if we have reasonable belief an adult is purchasing alcohol on behalf of a minor or will supply alcohol to a minor. We will do the same if we believe the purchase is for an intoxicated person. If we overhear a conversation between an adult and minor or an intoxicated person, or witness any actions that suggest the purchase is for the minor or an intoxicated person, we will refuse the sale. We will always err on the side of caution in the interest of safe and responsible service of alcohol.
13.4 Refusal Of Service - School Uniform
As part of our Refusal of Service Policy, we do not sell alcohol to young customers wearing school uniforms, including sports uniforms. Even if the individual is over 18, serving them alcohol while they’re in a school uniform sends a negative message to the community and increases the risk of minors obtaining alcohol.
We are happy to serve customers who return in regular attire and provide valid identification confirming they are of legal drinking age.
13.5 Know your limits
Measuring spirit nips when pouring from a bottle is very important to drinking responsibly. A 30ml spirit nip (40% alc/vol) is the equivalent of one standard drink and it is very easy to go over the standard drink limit if not using measures. If in doubt, please refer to the alcohol volume percentage on the label. If the alcohol volume varies, so will the standard drink measure so calculate your measures carefully.
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 we cannot provide the product, we will notify you. Should the product you ordered be out of stock or unavailable, we will contact you to offer a substitute of equal or greater value. If you agree to the substitute, you will be charged the original product’s price, not the substitute’s price.
If any items are missing from your collection or delivery, check the receipt we provided to see if the product is marked as out of stock and no substitute was given. We will refund the amount to the card used for the purchase of any products that couldn’t be supplied.
In all other circumstances, you may contact us via our website chatbox or Whatspp and we will take steps to verify and confirm any such missing items. Once we confirm that the item wasn’t supplied, we will issue a credit or refund to your account within 3-5 business days for the products that were charged but not delivered.
15. Changes to Terms and Conditions (including delivery charges)
BOOMM’s terms and conditions, including delivery charges, may change, be suspended, or terminated from time to time. We will provide advance notice of any changes on our website at https://boomm.au/. By continuing to place orders after the notice period has expired, you accept the updated 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 you wish to unsubscribe, please email us at [email protected] with the channel(s) (e.g., email or SMS) you’d like to opt out from, and we will process your request as quickly as possible.
Once you opt out, you’ll only receive legally required information or essential updates directly related to your account, such as changes to terms and conditions, the Privacy Policy, account transactions, or important details about products you’ve purchased.
17. Site content
BOOMM 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 BOOMM makes no commitment to update the materials and services on this Site.
18. Liability disclaimer
Our goods and services come with guarantees under Australian Consumer Law.
Goods
For major failures with goods, you are entitled to a replacement, refund, and compensation for any drop in value. For non-major failures, you can choose between a repair, replacement, or refund. You are also entitled to compensation for any reasonably foreseeable loss or damage caused by the failure.
Services
For major failures with services, you can either (i) cancel the contract and receive a refund for unused portions or (ii) keep the contract and get compensated for any loss in value. For non-major failures, you are entitled to a refund or to have the issue resolved at no cost within a reasonable time. If this doesn’t happen, you can have someone else fix the issue and recover the costs, or cancel ongoing services and get a refund. You are also entitled to compensation for any reasonably foreseeable loss or damage.
Limitations of Liability
Without affecting your rights under Australian Consumer Law, you acknowledge that our website is provided “as is.” We make no guarantees about its suitability, the content, or linked sites. Any content or opinions on the site should not be considered legal or financial advice.
We exclude all implied warranties related to the website, agreements with you, and linked content. We are not liable for indirect or consequential losses, such as lost profits or data, unless caused by our negligence or misconduct.
Our liability is reduced to the extent that your actions contribute to the loss or damage. This applies whether our liability arises from contract, tort, statute, or otherwise.
Last Updated: 19 September 2024
