Terms of service

Terms of Service

Smiley Brewing Co

Last updated: 13 October 2026

1. Overview

Welcome to Smiley Brewing!

This website and online store are operated by Smiley Brewing Co ("Smiley Brewing", "we", "us" or "our").

Throughout these Terms of Service ("Terms"), references to our website and services include our online store, products, bookings, events, loyalty programs and other services offered through our website.

Our online store is powered by Shopify.

By accessing our website, purchasing products or using our online services, you agree to these Terms and our associated policies, including our Privacy Policy and Refunds & Returns Policy.

Please read these Terms carefully before using our website.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under Australian Consumer Law or other applicable legislation that cannot lawfully be excluded.

2. Age Restrictions & Alcohol Sales

Smiley Brewing is a licensed producer and retailer of alcoholic beverages.

You must be 18 years of age or older to purchase alcoholic beverages from our website.

By purchasing alcohol, you confirm that:

You are at least 18 years old.
Any person receiving or collecting the alcohol is at least 18 years old.
The information you provide during checkout is accurate.
Your purchase complies with applicable Australian laws.

We reserve the right to request valid identification to verify age before completing a sale or handing over alcoholic beverages.

Alcohol will not be supplied to minors or to persons where supply would be unlawful.

Delivery or collection may be refused where age verification requirements are not satisfied or where required by law.

Any refund or additional delivery costs arising from a refused delivery will be handled in accordance with applicable law and our relevant policies.

We promote the responsible consumption of alcohol.

3. Customer Accounts

You may be required to provide personal information when placing orders, creating an account or using certain website services.

You agree to provide accurate, current and complete information.

You are responsible for maintaining the confidentiality of your account login details and for activities conducted through your account.

Please contact us if you suspect unauthorised access to your account.

We may suspend or restrict account access where reasonably necessary to protect our website, customers or business, including where there is suspected fraud or misuse.

4. Products & Availability

We make reasonable efforts to ensure product descriptions, images, prices and availability information are accurate.

However, product appearance may vary slightly from website images due to packaging changes, photography or screen settings.

Beer releases, seasonal products and limited-edition products may be available only while stocks last.

We reserve the right to modify or discontinue products, update descriptions or limit purchase quantities where reasonably necessary.

If a product becomes unavailable after you have placed an order, we will contact you to discuss a suitable alternative or refund.

All products remain subject to the consumer guarantees provided by Australian Consumer Law.

5. Orders & Payments

By placing an order through our website, you are making an offer to purchase the selected products.

An order is accepted when we confirm acceptance or dispatch the goods, as applicable.

We reserve the right to decline or cancel orders for legitimate reasons, including:

Product unavailability
Suspected fraud or unauthorised transactions
Incorrect pricing or product information
Failure to meet legal age requirements
Delivery restrictions
Other circumstances where fulfilling the order would be unlawful or impracticable

If we cancel an order after payment has been received, we will provide a refund for the cancelled items.

Please review your order carefully before completing checkout.

If you need to amend or cancel an order, contact us as soon as possible at beer@smileybrewing.com.au.

We will endeavour to accommodate changes where possible, although orders that have already been packed or dispatched may not be able to be amended.

6. Pricing & GST

All prices displayed on our Australian website are in Australian dollars (AUD) and include GST where applicable, unless clearly stated otherwise.

Delivery charges and any additional fees will be displayed before checkout.

Prices and promotions may change without notice, but changes will not affect orders already accepted unless otherwise agreed or permitted by law.

Online prices may differ from prices offered at our brewery and taproom.

Promotional offers may be subject to additional conditions, expiry dates or stock limitations.

7. Shipping & Delivery

We aim to pack and dispatch orders within a reasonable timeframe.

Delivery timeframes displayed on our website are estimates unless expressly stated as guaranteed.

Delivery may be affected by courier operations, weather, public holidays, stock availability or other circumstances outside our reasonable control.

Customers are responsible for providing accurate delivery details.

Where delivery is unsuccessful due to incorrect information or failure to satisfy lawful delivery requirements, additional delivery charges may apply.

Alcohol deliveries are subject to applicable licensing laws, age verification requirements and delivery restrictions.

We remain responsible for meeting our obligations under Australian Consumer Law, including applicable consumer guarantees and requirements relating to delivery.

8. Click & Collect

Where Click & Collect is available, customers may collect eligible orders from our brewery and taproom in Pakenham, Victoria.

Customers should wait until their order has been confirmed as ready for collection.

Valid identification may be required when collecting alcoholic beverages.

Orders containing alcohol will only be released to persons aged 18 years or older.

Collection must take place during our advertised collection hours or at an agreed time.

If you cannot collect your order, please contact us to arrange an alternative.

9. Refunds, Returns & Exchanges

Returns, refunds and exchanges are handled in accordance with our Refunds & Returns Policy and Australian Consumer Law.

We generally do not accept change-of-mind returns on beer, alcoholic beverages or other consumable products.

Eligible merchandise may be returned within 30 days, subject to the conditions outlined in our Refunds & Returns Policy.

If a product is faulty, damaged, incorrectly supplied or fails to meet applicable consumer guarantees, you may be entitled to a repair, replacement, refund or other remedy under Australian Consumer Law.

Nothing in these Terms limits those statutory rights.

Please refer to our Refunds & Returns Policy for further information.

10. Event Tickets & Bookings

Smiley Brewing hosts events, live entertainment, workshops and other experiences.

Tickets and bookings may be subject to additional event-specific terms displayed at the time of purchase.

Unless otherwise stated:

Tickets are valid only for the specified event and date.
Customers are responsible for providing accurate booking details.
Events may have age restrictions or other entry requirements.
Event programs, performers and schedules may change where reasonably necessary.
Customers must comply with venue conditions and applicable laws.

Change-of-mind cancellations may not be eligible for refunds, subject to the terms disclosed at purchase and applicable law.

If Smiley Brewing cancels an event, customers will be offered a refund or another remedy as required by law.

Where an event is postponed or materially changed, we will communicate the available options and honour applicable consumer rights.

11. Functions & Private Events

Private functions, corporate bookings and exclusive venue hire may be subject to separate booking terms and conditions.

These may include:

Booking confirmation requirements
Deposits or minimum spends
Cancellation and rescheduling conditions
Guest capacity restrictions
Catering arrangements
Responsible service of alcohol requirements
Venue hire conditions

Specific terms will be provided or made available during the booking process.

Where separate function booking terms apply, those terms govern the relevant booking to the extent they are consistent with applicable law.

12. Smiley Social Club

Participation in the Smiley Social Club loyalty program is subject to the program's separate membership terms and conditions.

Membership benefits, rewards and promotional offers may be subject to eligibility requirements, redemption periods and other conditions.

Loyalty rewards are generally not transferable or redeemable for cash unless otherwise stated or required by law.

We may amend, suspend or discontinue loyalty program features with reasonable notice where appropriate, subject to applicable law and any existing member entitlements.

Please refer to the Smiley Social Club Terms & Conditions for full details.

13. Responsible Service of Alcohol

Smiley Brewing is committed to responsible service and consumption of alcohol.

We reserve the right to refuse alcohol sales, delivery, collection or service where required or permitted under applicable liquor licensing laws.

Customers visiting our brewery and taproom must comply with responsible service of alcohol requirements and reasonable venue rules.

We may refuse entry or service, or require a person to leave, where reasonably necessary for safety, compliance or lawful venue management.

14. Intellectual Property

All website content, including logos, branding, text, photographs, graphics, product descriptions, videos and other materials, is owned by or licensed to Smiley Brewing Co unless otherwise indicated.

This content is protected by applicable Australian intellectual property laws.

You may access and use our website for personal, lawful purposes.

You must not reproduce, distribute, modify, commercially exploit or otherwise use our intellectual property without prior written permission, except where permitted by law.

Smiley Brewing names, logos and branding must not be used without our permission.

15. Third-Party Services & Links

Our website may include links to or integrations with third-party services, including Shopify, booking platforms, payment providers, loyalty applications and social media platforms.

These services may operate under their own terms and privacy policies.

We are not responsible for the content or independent practices of third-party websites that we do not control.

However, nothing in this section excludes our legal responsibilities for products or services supplied by Smiley Brewing.

16. Relationship with Shopify

Smiley Brewing Co is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with Smiley Brewing Co.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Smiley Brewing Co, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Smiley Brewing Co, to the extent permitted by applicable law.

17. Privacy

We respect your privacy and handle personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

Our website is hosted by Shopify, which may collect and process personal information to operate and improve its services.

Information may be processed by service providers located in Australia or overseas.

For further information, please refer to our Privacy Policy and the Shopify Consumer Privacy Policy.

18. Customer Reviews & Feedback

If you submit reviews, suggestions, photographs, comments or other feedback to Smiley Brewing, you confirm that you have the right to provide that material.

You grant Smiley Brewing a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and share submitted feedback for legitimate business purposes, including customer service, marketing and website content, subject to applicable privacy and intellectual property laws.

We may remove content from our website where it is unlawful, misleading, offensive, infringing or otherwise inappropriate.

We will not knowingly publish personal information contrary to applicable privacy laws.

19. Website Errors & Inaccuracies

Occasionally, our website may contain typographical errors, incorrect pricing, inaccurate product descriptions or outdated availability information.

We reserve the right to correct these errors and update website information.

Where an error affects an order, we will contact you to explain the issue and discuss the available options.

If we cannot fulfil an accepted order, we will provide an appropriate refund or other remedy in accordance with applicable law.

20. Prohibited Uses

You agree not to use our website or services to:

Engage in unlawful or fraudulent activity
Purchase alcohol in breach of applicable laws
Provide false or misleading information
Infringe intellectual property or privacy rights
Harass, threaten or abuse others
Introduce viruses, malware or harmful software
Attempt unauthorised access to website systems
Interfere with website security or functionality
Collect customer information without authorisation
Use automated systems to disrupt, overload or misuse our services

We may restrict access where reasonably necessary to protect our business, customers and website.

21. Automated Systems & AI Agents

Automated software, bots and AI agents must not access or interact with our website in a manner that circumvents security controls, disrupts operations or breaches applicable law.

We may apply reasonable technical measures to limit automated access.

Where automated access is permitted, operators must comply with applicable identification, security and usage requirements.

22. Website Availability & Warranties

We aim to keep our website accurate, secure and available.

However, website access may occasionally be interrupted by maintenance, technical issues or circumstances outside our reasonable control.

To the extent permitted by law, we do not guarantee uninterrupted or error-free access to the website.

Nothing in these Terms excludes or restricts consumer guarantees, warranties or other rights that cannot lawfully be excluded.

23. Limitation of Liability

To the maximum extent permitted by law, Smiley Brewing is not liable for losses arising from circumstances outside our reasonable control or from misuse of our website and services.

Nothing in these Terms excludes, restricts or modifies liability that cannot lawfully be excluded, including liability under Australian Consumer Law.

Where liability may lawfully be limited, any limitation will apply only to the extent permitted by applicable law.

24. Indemnification

To the extent permitted by law, you agree to indemnify Smiley Brewing against reasonable losses, liabilities or expenses arising from your unlawful use of our website, your infringement of third-party rights or your material breach of these Terms.

This provision does not apply to losses caused by our negligence, misconduct or breach of applicable law, or otherwise impose liability on you where doing so would be unlawful or unfair.

25. Termination & Suspension

We may suspend or terminate access to customer accounts or website services where reasonably necessary due to suspected fraud, unlawful activity, security risks or material breaches of these Terms.

Any termination will not affect rights or obligations that have already arisen, including outstanding orders, refunds or consumer guarantees.

26. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed to the extent necessary.

The remaining provisions will continue to operate.

27. Entire Agreement

These Terms, together with any policies or additional conditions expressly incorporated by reference, form the agreement governing your use of our website and applicable services.

Separate terms may apply to particular purchases, events, bookings or loyalty programs.

Nothing in this section excludes rights or representations that cannot lawfully be excluded.