Terms & Conditions

Drakes Online Terms & Conditions
  1. Compliance with the Terms & Conditions
By completing your registration through the site and using the site to purchase products from us, you agree to and are obligated to comply with these terms and conditions.
Before placing an order through the site, you must complete the customer registration process. The information that you provide us will be held and used by us in line with our privacy policy. It is necessary that information that you provide us within your registration is accurate and complete. You must inform us if there are any changes to these details.
An agreement exists once Drakes Online accepts an order from you which occurs when your order and payment is processed. If you modify your order, all prices will update to the then current prices.

 
  1. Orders & Delivery
Drakes Online does not service interstate orders and deliveries.
Orders placed for delivery to locations that are not in Drakes Online delivery area cannot be processed. When you complete your delivery address postcode you will be informed if this is the case.
Orders must be placed (or modified) by 12 midnight for next day delivery – refer to the delivery time tab for days/times. Orders can be placed up to 7 days in advance of delivery.
The minimum purchase amount for each online order is $50. The minimum order value excludes the delivery fee.
Orders greater than those deemed to be reasonable or normal household quantities may be limited or attract a handling fee. We will contact you if this is the case and allow you to amend your purchase if necessary.
Discounts such as pensioner, entertainment books etc, are not redeemable for online shopping.
Some products (including tobacco SA only) are not available via Drakes Online.
Restricted Product: Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as Products containing tobacco.
It is an offence to supply tobacco products to a person under 18 years of age. It is Drakes policy to check Government issued photographic identification upon delivery or collection of anyone who appears under 25. If you are under 18 years of age, you may not use the Drakes Online site to place an order for tobacco or tobacco related products.
If you need help to quit smoking, call 137 848 or 13 QUIT.
 
Drakes Online displays pictures of items available for purchase. At times the pictures may differ from the items you receive. Drakes Online endeavours to provide product information on some lines, however, it is recommended that you refer to the product label before consumption.
 
Drakes reserves the right to ask for proof of ID when orders are being delivered or collected instore.

Unfortunately, for online purchases we cannot offer Multibuy or Free with purchase products advertised in catalogues.
 
Delivery
Drakes Online will deliver the goods to the delivery address provided by you within the time selected by you unless we inform you of any potential delay beyond the drivers control like traffic issues or a flat tyre. If you request Drakes Online to deliver beyond your front door and we agree that it is practical to do so, you agree to indemnify and hold harmless Drakes Online (and its officers, employees, contractors and agents) for any loss, damage, liability, cost expense, claim, action or demand suffered or incurred through the delivery of the goods beyond your front door.
We have no responsibility for goods left unattended on your premises therefore we will not deliver the products you have ordered if you or an appropriate person is not at the delivery address to receive the order. We won’t leave your order unless it is signed for. A failed delivery may incur a fee of $30 and the charges for any perishable products you had ordered. We will endeavour to contact you to arrange an alternative delivery time which will incur an additional delivery fee.
It will be presumed by Drakes Online that any person at the delivery address who receives the goods be permitted to do so.
If your Order contains a Restricted Product, then you must be present to accept the delivery of that Order and, at our request, provide us with Government issued photographic identification. We will require the person accepting the delivery of your Order to provide us with proof of identity (Government issued photographic identification) The credit card used for payment is required to be shown when you collect your Order containing Restricted Products and must match the person on the proof of identity shown. If the appropriate person (for example, above 18 years old for Restricted Products) is not at the Delivery Address to receive the Order, we will not deliver the Products you have ordered. You acknowledge that we may record the details of any identification provided in relation to delivery of Restricted Products.
Orders containing restricted products will not be left unattended at delivery locations a fee of $30 will be charged on all orders that are returned to the store
Risk and title in the goods passes to you upon delivery.
If you believe the goods we charged you for were not supplied or there is a fault or defect you are able to make a claim for a refund to your credit/debit card by contacting customer service 1800 289 394 Monday – Friday 8.00am – 4.00pm within 24 hours or by email to onlineshop@drakes.com.auDrakes may need to inspect these items so please keep them until we advise they can be discarded. We won’t refund the delivery fee. Returns and refunds are not permitted on clothing (e.g. hosiery, underwear) due to hygiene reasons.
 
Click & Collect
Drakes offer Click & Collect from selected hub stores.
Click & Collect collection hours are:
Monday – Friday 10.00am – 3.00pm & 3.00pm – 8.00pm
Saturday 10.00am – 4.00pm
Sunday 12.00pm – 4.00pm
  • Click & Collect orders must be placed/modified by 10am for same day collection from 3pm.
  • Click & Collect orders must be placed/modified by midnight for next day collection from 10am Monday – Saturday.
  • Click & Collect orders must be placed/modified by 5pm Saturday for Sunday collection from 12pm.
If the order includes restricted products we will require the person collecting the Order to provide us with proof of identity (Government issued photographic identification) The credit card used for payment is required to be shown when you collect your Order containing Restricted Products and must match the person on the proof of identity shown. You acknowledge that we may record the details of any identification provided in relation to collection of Restricted Products.
If you do not supply the appropriate identification or the relevant card of purchase, we will not allow collection of your Order
 
Drakes reserves the right to check (Government issued photographic identification) and the credit card used for payment to ensure the person ordering the Restricted Products are over the age of 18 as per the relevant law regarding products containing tobacco.
Drakes reserves the right to cancel and refuse delivery or collection of any orders that include Restricted Products if the person is under 18 years of age.
 
This website is intended for Residential or Personal use only we reserve the right to cancel orders that do not comply with this. Drakes reserves the right to cancel any order for any reason without notice.

 

 
  1. Fees & Charges
 
When an order is placed you will be charged, and you agree to pay, the purchase price of each product within the order, the delivery fee and the cancellation fee for an order that has been cancelled (if applicable).
 
Delivery fee – Orders up to the value of $199.99 incur a delivery fee of $10.00. There will be free delivery if orders are $200.00 and over.
 
Cancellation Fee – Orders cancelled after midnight for a delivery due that day will incur a $30 fee.
 
The products in your order will be charged at the purchase price that was current on the site at the time you submitted or modified your order. This price will appear on your confirmation. The price for fresh foods (weighed items such as fruit & vegetables, meat etc) are shown as an approximate weight when you place your order. You will be charged at the time of your order based on the approximate weight and then that charge will be reconciled by either credit or debit to you once the exact weight and price of the items to be supplied to you are known. The price of a product on the site may differ to the prices in our stores. Please be aware some Drakes specials are not available at Drakes online.
 
If you select “substitution OK” on your order, Drakes Online will endeavour to select a similar item for a product you have selected if the product you have selected is unavailable (this may be different brand and/or size). You will be charged the lower of the original or substitute item. If an item is out of stock and you have not agreed to “allow substitution” or we have not been able to supply a substitution, you won’t be charged for that item.
We do not provide a substitute option for tobacco, cigarettes or any other product that is specified as such on the Drakes Online site.
Rainchecks are not available for items online.

 
  1. Pricing Errors
 
Drakes will contact you in the event of a pricing error and you will have the right to amend your purchase.

 
  1. Payment
 
You are required to provide credit/debit card details when you complete your order. If you have purchased fresh foods (weighed items such as fruit & vegetables, meat etc) the exact weight and price of the item will be determined at the time the order is picked. Once your order has been picked, fresh food weights have been collected and your order finalised your card will be charged. If your card is declined, we will try to contact you.
 
A receipt/Tax Invoice of your order will be emailed to you, once the final payment amount is known. It will show your delivery fee.

 
  1. Liability
 
To the extent you are acquiring goods and services from Drakes Online as a consumer within the meaning of the Australian Consumer Law, you may have certain rights and remedies, including consumer guarantee rights that cannot be excluded, restricted or modified by agreement.
 
Nothing in this agreement, operates to exclude, restrict, modify the application of any right of remedy or any liability of Drakes Online under the Australian Consumer Law, where to do so would contravene that statute or cause any term of this agreement to be void (Non-Excludable Obligation).
 
Except in relation to a Non-Excludable Obligation, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under general law or by statute are expressly excluded under this agreement.
 
Except in relation to Non-Excludable Obligations, Drakes Online’s liability to you arising directly or indirectly under or in connection with this agreement or the performance or non-performance of this agreement and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity, is limited as follows.
  1. Drakes Online (and its officers, employees, contractors and agents) excludes all liability for loss of revenue, loss of profit, loss of or damage to reputation, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with this agreement (including without limitation loss or corruption of data); and 
  2. Drakes Online’s total aggregate liability under or in any connected with this agreement is limited to an amount not exceeding the total amounts paid or payable by you to Drakes Online under this agreement.
In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which Drakes Online’s liability is not so limited under this paragraph, Drakes Online’s liability to you for a failure to comply with any Non-Excudable Obligation is limited to:
  1. In the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  2. In the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
 Drakes Online’s liability to you for loss or damage of any kind arising out of, or in connection with this agreement is reduced to the extent that you cause or contribute to the loss or damage.

 
  1. Use of the website
 
All text, images, logos and all other intellectual property on the website is owned, controlled by or licensed to Drakes Online. Drakes Online does not permit for you to use the website or content for any purpose except for viewing the content for your own personal use.
 
Unless Drakes Online provides consent, you can only use this site and all content within the site for personal intentions only.
 
You must not do anything that interferes with the operation of the website or that inflicts an excessively large load on the website. You must not communicate to the website any offensive or inappropriate material. You are not permitted to make any alterations to the site. You must not test the susceptibility of the site or contravene the security of the site. You must not use the website in any way that is unlawful or violates the rights of Drakes Online.
 
Drakes Online may contain links to websites regulated by third parties and is not liable for any content on third party websites.
 
Your login details for accessing the site must be kept secure and you will be held responsible for any person that uses your login details to access the site. Call customer service on 1800 289 394 if you become aware of unauthorised use of your login details/account.
You must not make fraudulent purchases or requests through the Drakes Online Shopping site.
You must not use another person’s details without their permission or impersonate another person when using the Drakes Online Shopping site.

 These Terms & Conditions may be changed at any time. Any changes will be effective as soon as they are posted. These Terms & Conditions may consequently be different for future orders therefore we advise that you read these Terms & Conditions each time you agree to them during the ordering process.
 
Drakes Online may terminate or suspend your access and use of the site or terminate or suspend this agreement at any time.

  1. General
In these Terms & Conditions, ‘Drakes Online’ means in these Terms & Conditions, ‘Drakes Online’ means Fourth Force Pty Ltd (22 084 438 773) , Dramet Pty Ltd (59 109 544 425) , Ipswich Properties Pty. Ltd. (48 007 948 138) & Dratom Pty Ltd (5