TERMS AND CONDITIONS OF SALE, AS OF 11 DECEMBER 2015
This page sets out the terms and conditions on which Spiral Foods Pty Ltd (ACN 006 292 780) (”Spiral Foods”) supplies products (“Products”) through its website (“the Site”).
Please read the following carefully and make sure you understand them before ordering Products through the Site.
- Terms and Conditions
1.1 These terms and conditions (“Terms”) govern your purchase of Products through the Site.
1.2 In placing an order to purchase Products on the Site, you agree to be bound by these Terms.
1.3 While you should retain a copy of these Terms for future reference, we may amend these Terms from time to time. You are responsible for checking the Terms each time you order Products through the Site.
- Our Products
2.1 Images of Products on the Site are for illustrative purposes only. In particular, we cannot guarantee that your computer accurately displays colours. Also, the packaging of Products you order may vary from time to time.
2.2 All Products shown on the Site are subject to availability.
- How the contract is formed between you and us
3.1 After you place an order, you will receive an e-mail from us acknowledging your order. We will then confirm our acceptance of your order by sending you an e-mail that confirms that your order has been despatched (“Despatch Confirmation”). The agreement between us will not be formed until we send you the Despatch Confirmation.
3.2 If we cannot supply you with a Product – for example because that Product is not in stock or is no longer available or because of an error in the price on the Site – we will inform you of this by e-mail and will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
4.1 The prices of Products are as quoted on the Site from time to time.
4.2 We take all reasonable care to ensure the prices of Products are correctly displayed, but it is always possible that, despite our best efforts, some Products may be incorrectly priced. We will normally check prices as part of our despatch procedures so that:
(a) where the Product’s correct price is less than the price stated on the Site, we will charge the lower amount when despatching Products to you; and
(b) if the Product’s correct price is higher than the price stated on the Site, we will:
(i) contact you in writing as soon as possible to inform you of this error; and
(ii) give you the option of continuing to purchase the Product at the correct price or cancelling your order; but
(iii) not process your order until we have your instructions (and if we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing).
4.3 Prices for our Products may change from time to time, but changes will not affect any order confirmed with a Despatch Confirmation.
4.4 Any special deals or offers will only be valid for as long as they are displayed on the Site, unless stated otherwise.
4.5 The price of a Product includes GST (where applicable) at the applicable rate chargeable in Australia for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.
- Postage and handling
5.1 Pricing information in relation to Products indicates whether or not postage for delivery in Australia is included. If postage is not included in the price of a Product, the cost of postage for Australian delivery will be stated on checkout before you place an order.
5.2 In some cases, we are able to ship internationally. If you order Products for international delivery, the cost of postage will be added to the price of the Product and you agree that we may charge for that cost. If you are concerned to know about the cost of delivery outside Australia, you will need to contact us first before placing your order.
5.3 If you order Products for international delivery to a country to which we ship, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
5.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
- How to pay
6.1 You may only pay for Products using Paypal, which processes payments for all orders for Products through the Site.
6.2 Payment for Products and all applicable delivery charges is in advance.
- Restrictions on sales and on use of Products
7.1 By placing an order for a Product, you warrant that you are legally entitled to purchase that Product, and you acknowledge that if you are not (for example, because age restrictions apply to a particular Product), we do not authorise you to order these Products.
7.2 Any Product you purchase from us must not, by way of trade, be resold or offered for commercial resale.
- Limitation of liability
8.1 To the maximum extent permitted by law and save for the express written terms in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Products or arising from these Terms are expressly excluded.
8.2 If any of the exclusions or limitations set out in this clause 8 are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Products or the supply of equivalent Products.
8.3 In no event will we (including our agents, employees or contractors) be liable for any:
(a) direct loss; or
(b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption,
however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising as a result of or in connection with our acts or omissions pursuant to these Terms.
8.4 To the maximum extent permitted by law, our maximum cumulative liability under these Terms shall not exceed an amount greater than the income we have received from you in the previous month.
- Buying on behalf of an organisation
9.1 You confirm that you have authority to bind any business or other organisation on whose behalf you purchase Products.
- Your right of return and refund
10.1 Subject to your rights under the Australian Consumer Law and related State and Territory legislation, once we have accepted your order by sending you a Despatch Confirmation, you may not cancel that order or ask for a refund.
10.2 If you believe you are entitled to return a Product or to request a refund, please email us at email@example.com .
10.3 Any refund will be made via the account used by you to pay for your order.
- Delivery and title
11.1 Delivery will be complete when we deliver your order to the address you give us during the ordering process.
11.2 We will not be responsible for any loss, damage or injury you may directly or indirectly suffer as a result of or in connection with any delay or failure to deliver an order within any indicated time-frames.
11.3 You are responsible for providing us with a sufficient delivery address. If a Product is found to have been wrongly addressed by us, we will be responsible for re-delivery, replacement or a refund but if you have given an incorrect or insufficient address, we will not refund or resend the Product and you will bear all responsibility for correcting delivery.
11.4 Any Products will be your responsibility once they are delivered to you but you will only own Products delivered to you once we have received payment in full, including all applicable delivery charges.
- Events outside our control
12.1 To the maximum extent permitted by law, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war – whether declared or not – or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport).
12.2 If an event covered by clause 11.1 takes place that affects the performance of our obligations to you:
(a) we will contact you as soon as reasonably possible;
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event; and (where the event affects our delivery of Products to you)
(c) we will arrange for delivery after the event is over.
12.3 We use reasonable endeavours to ensure that the Site and any transactions conducted on it are secure. However, you acknowledge that the security of information and payments transmitted via the internet can never be entirely secure or error free, and that (to the maximum extent permitted by law) we will not be liable for any damage suffered due to failure, delay, interception or manipulation of electronic communications by any third party on any computer program (including those used to transmit viruses).
- Other important terms
13.1 We may transfer our rights and obligations to you to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 Each of the paragraphs of these Terms operates separately. If any are found to be unlawful or unenforceable, those paragraphs will be severed and the remaining paragraphs will remain in full force and effect.
13.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.5 In interpreting these Terms, unless the context otherwise requires:
(a) clause headings will be disregarded; and
(b) words importing the singular include the plural and vice versa.
13.6 These Terms are governed by the law in force in New South Wales, and any dispute or claim arising out of or in connection with them or a Product will be governed by New South Wales law. You and we both agree to that the courts of New South Wales will have jurisdiction over any such dispute or claim.