Terms of service
Last updated: 18 October 2026
We make drinks, not legal documents, so we've tried to keep this readable. Please still read it before you order.
1. Who we are and what this covers
This website, drinkoffpeak.com (the "Website"), is operated by Off Peak Performance Pty Ltd (ACN 686 455 498, ABN 12 686 455 498), trading as Off Peak ("Off Peak", "we", "us"). We're based in Victoria, Australia.
These Terms apply to your use of the Website and to every order you place directly with us through it. By using the Website or placing an order, you agree to these Terms. If you don't agree, please don't order.
You must be at least 18 to place an order. Wholesale, trade and stockist customers are covered by separate written terms. If those terms conflict with these ones, the separate terms apply to that wholesale order.
2. Our products
Off Peak is a sparkling hydration drink sold in 330 ml aluminium cans. It is made with real fruit juice flavourings and has no added sugar. The sugars in the can come from the fruit juice.
We sell packs of different sizes. The pack sizes and options available at any time are the ones shown on the Website.
Off Peak is a food product. It is not a medicine, a supplement or a therapeutic good, and we don't claim that it treats, cures or prevents any disease or health condition. If you have a medical condition, are pregnant or breastfeeding, or have been told to watch your sodium, potassium or magnesium intake, check with your doctor before drinking it. Otherwise, it's a drink. Enjoy it without overthinking it.
We try to keep product descriptions, photos, ingredients and nutrition information accurate. The product label on the can is the authoritative source. Formulations, packaging and labels can change, so always check the can for ingredients, allergens and nutrition information before you drink it.
3. Orders
When you place an order, you're making an offer to buy. The automatic email you receive straight after checkout confirms that we've received your order, not that we've accepted it. We accept your order when we dispatch it or otherwise confirm acceptance in writing.
We may refuse or cancel an order if the product is unavailable, we suspect fraud or misuse, there has been a pricing or listing error, we can't deliver to your address, or the order breaches these Terms. If we cancel an order after you've paid, we'll refund you in full.
4. Prices and payment
All prices are in Australian dollars and include GST. For one-time orders of the 12-pack and 24-pack, shipping is an additional cost that is calculated at checkout and shown before you pay. Subscription deliveries ship free. The Office Pack is delivered as described on its product page. The total shown at checkout, including any shipping, is what you pay.
Prices and offers may change from time to time. The price shown at checkout when you place a one-time order is the price for that order. Subscription pricing is covered in section 5.
Payments are processed by Shopify Payments and other payment methods we enable at checkout, such as PayPal. We don't see or store your full card details.
Pricing errors happen. If we find one on your order, we'll contact you before dispatch and give you the choice of confirming the order at the correct price or cancelling it for a full refund. We won't cancel an order after dispatch because of a pricing error.
5. Subscriptions
A subscription is a recurring order. We deliver a pack on the schedule you select at sign-up (every 2, 4 or 8 weeks, as offered at the time) and charge you each time until you cancel.
What you agree to when you subscribe. When you subscribe, you authorise us (and our payment and subscription providers) to charge your selected payment method for each delivery at the price and frequency shown at sign-up. The first charge happens when you place your first order. Later charges happen on your renewal dates, which you can see in your subscription emails and your subscription-management page.
Your price. The price shown at sign-up, including any scheduled step-down prices for later deliveries, such as a lower price from your third delivery, is the price that applies to your subscription for as long as it continues. Shipping on subscription deliveries stays free. We won't increase your price without giving you at least 30 days' written notice and the right to cancel before the increase takes effect, with no fee. If you are an early supporter who subscribed during our presale, you keep the price you signed up at for as long as your subscription runs without a break.
Managing your subscription. Using the link in your subscription emails, you can skip a delivery, pause your subscription, change your delivery frequency, update your delivery address and payment method, or cancel.
Cancelling. You can cancel at any time, with no cancellation fee, using the manage-subscription link in your subscription emails or by emailing hello@drinkoffpeak.com. To stop the next renewal, cancel before its scheduled charge is processed. An email cancellation is treated as received when it reaches our inbox. Cancelling stops future charges and deliveries but doesn't automatically cancel an order that has already been charged. If you also want to stop that order, contact us straight away and we'll cancel and refund it if it hasn't been dispatched.
Failed payments. If a payment fails, we or our systems may try again and will contact you so you can update your payment details. If we can't take payment after a reasonable number of attempts, we may pause or cancel the subscription. We won't charge a fee for that.
Stock. If we can't supply your subscription product on a renewal date, we'll tell you. We'll then delay the delivery until stock is available, offer an agreed alternative, or skip the delivery. If you'd prefer to cancel, you can do that and won't be charged for the delivery we couldn't send.
6. Discount codes and promotions
- Discount codes and promotions apply only as described when they're offered. They may be limited to new customers, first orders or particular products.
- Unless stated otherwise, you can use one code per order, and codes can't be combined with each other or with other offers.
- Codes have no cash value and can't be exchanged for money, and we can withdraw or decline codes that have expired, were issued by mistake or are being misused.
- Some codes are linked to creators, partners or venues. If you use one, we may record that to measure and pay for the referral.
- A promotion doesn't change your rights under the Australian Consumer Law.
7. Shipping and delivery
We deliver Australia-wide. Our Shipping & Returns page explains dispatch times, delivery estimates, carriers, tracking, safe drops, address errors and lost parcels, and forms part of these Terms.
Shipping costs are explained in section 4. Delivery dates are estimates and aren't guaranteed. Risk in the products passes to you when they're delivered to the address you gave us. Please make sure that address is right. If we make the error, we'll fix it at our cost.
8. Returns, refunds and your consumer rights
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 foreseeable loss or 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.
If your order is faulty, damaged, incorrect or otherwise doesn't meet those guarantees, we'll provide the remedy you're entitled to and cover the reasonable costs of returning, collecting or replacing the product, as explained on our Shipping & Returns page. We don't set a fixed cut-off for those claims.
If you've simply changed your mind and the product is as described and has no fault, we don't offer a return or refund once the order has been dispatched. That doesn't affect your rights under the Australian Consumer Law, which apply regardless.
9. Reviews, tags and social media
If you leave a review, you confirm that it's honest and based on your own experience. You give us a non-exclusive, free licence to display it on our Website, social media and marketing, and we may remove reviews that are abusive, unlawful or fake. Reviews may be collected and displayed through a third-party review tool.
If you post publicly on social media and tag us, we may share your post on our channels, with credit to you. For anything bigger, such as paid ads, we'll ask your permission first. You can ask us to stop sharing something you posted by contacting us. Please don't send us anything you wouldn't want other people to see.
10. Website use and intellectual property
The OFF PEAK name, logo, can designs, photos, text and other content on this Website belong to us or are licensed to us. You may view and share the Website for personal, non-commercial use, but you may not copy, adapt or use our content commercially without our written permission.
Please use the Website lawfully. Don't interfere with its operation, try to access parts you aren't meant to access, or use it to send us anything harmful or misleading.
11. Recalls and safety
If we ever need to recall or warn customers about a product, we'll use the contact details on your order to let you know and explain what to do. Please keep your contact details up to date.
12. Our liability
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
To the extent the law allows, we aren't liable for loss or damage that was not reasonably foreseeable, or for indirect or consequential loss arising from your use of the Website or products. Where the law says our liability can't be excluded or limited, it isn't.
We aren't responsible for delays or failures caused by events beyond our reasonable control, such as severe weather, carrier disruption or supply shortages. We'll tell you if your order is affected and you keep your rights under the Australian Consumer Law.
13. Privacy
Our Privacy Policy explains how we collect, use, store and disclose personal information. It is separate from these Terms but sets out important information about your data.
14. Changes to these Terms
We may update these Terms to reflect changes in our products, services or the law. The updated Terms will be posted on this page with a new "last updated" date, and apply to orders placed after that date.
If we make a change that materially affects an active subscription, we'll tell you in writing at least 30 days beforehand and you can cancel before it takes effect with no fee.
15. Complaints
If you have a problem, email hello@drinkoffpeak.com. We aim to reply within 2 business days and to resolve things fairly. If we can't sort it out, you can contact your state or territory consumer protection agency, or the Australian Competition and Consumer Commission.
16. Governing law
These Terms are governed by the laws of Victoria, Australia, and the courts of Victoria have jurisdiction, subject to any rights you have under the Australian Consumer Law or other laws that apply to you.
17. Contact
Team Off Peak
Off Peak Performance Pty Ltd, ABN 12 686 455 498
5/16 Rosemary Court, Mulgrave VIC 3170
hello@drinkoffpeak.com