1.1 This website (hereinafter described as the “Site”) is an online shopping website where you can browse and order Products from Georges Gourmet Coffee (hereinafter described as “us” or “we”).
1.2 Please read these terms and conditions before using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before using the Site.
1.3 Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
1.4 You agree to bound by, and comply with, these terms and conditions by completing your registration through the Site and/or using the Site to purchase Products from us.
2.1 You must complete the customer registration process through the Site before placing an order for Products through the Site. You may not have more than one active account, and your account cannot be transferred to another person.
2.2 If you use a workplace email address for your account or to access the Site, then you alone are responsible for ensuring that you comply with the rules or policies that apply to the use of your email address and your workplace facilities.
3. Password Security
3.1 The registration process will require you to select a secure Password that is not known to any other person. Your Password enables you and Georges Gourmet Coffee to prevent unauthorised access to your personal details.
3.2 You are solely responsible for the use of your Password and you must keep it confidential. You may not permit anyone else to use your Password. You must advise us immediately if you believe that there has been any unauthorised use of your Password.
3.3 We may from time to time for security reasons require you to re-authenticate your identity, or issue directions regarding the use of your Password or access to the Site. You must comply with those directions. We will assume that you are the sole user whenever your Password is used to access the Site.
3.4 To protect the integrity of your Password, we require you to log out of each secure browsing session before you browse away from the Site, or before you leave your Computer unattended, by clicking the "Logout" link.
3.5 Any individual registration permits access on a single Computer at any one time, using the Password for that registration. You may use any number of Computers to access the Site from time to time, but you are only permitted to log on to the Site on one Computer at any one time.
4. Ordering Products
4.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time that you place the order.
4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
4.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
5. Acceptance or Rejection of Orders
5.1 We reserve the right to accept or reject your order for any reason, including if the requested Product is unavailable, or if there is an error in the price or the product description posted on the Site or in your order.
5.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
5.3 If we reject an order placed through the Site, then we will try to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
6. Delivery of Products
6.1 We will only deliver Products ordered through the Site to a location where Australia Post provides Signature on Delivery parcel delivery services. You agree to provide us with complete and accurate information that we request from you to enable us to fulfil delivery of your order that we have accepted.
6.2 We aim to deliver the Product to you at the place of delivery requested by you in your order, but all such deliveries will be carried out exclusively by Australia Post and all deliveries will be by means of Australia Post’s Signature on Delivery service. You agree that Australia Post will be wholly responsible for all deliveries of Products and release and discharge us from all liability of whatsoever kind and howsoever arising as a consequence of any failed or late delivery or delivery to an incorrect address by Australia Post, and to the full extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of such failed, late or incorrect delivery.
6.3 All Products are normally delivered in our standard packaging. Any special packaging requested by you is subject to additional charges.
6.4 You must take care when opening the Product so as not to damage it, especially when using any sharp instruments.
6.5 You must ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably to be expected, considering that delivery is to be effected by Australia Post’s Signature on Delivery service.
6.6 If delivery or collection is delayed through your unavailability or your unreasonable refusal to accept delivery or if you do not (within a week of the first attempt to deliver the Product to you) accept delivery or collect the Product from Australia Post, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable order, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable order, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as stipulated above).
6.7 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are in standard form and not custom-made to fit any of your specific individual requirements.
7. Risk and Title
7.1 Risk in the Products passes to you on the date and time of delivery to the Delivery Address. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products; and
(b) delivery of those products to the Delivery Address.
7.2 Where delivery is delayed due to a breach of your obligations under these terms and conditions, the risk shall pass at the date when delivery would have occurred but for your breach.
7.3 From the time when the risk passes to you, we will not be liable for loss, damage to, or destruction of the Product.
8. Cancellation of Orders
8.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that order are unavailable; or
(b) there is an error in the price or the Product description posted on the Site in relation to the relevant Product in that order; or
(c) that order has been placed in breach of these terms and conditions.
8.2 If we cancel any part of an order in accordance with:
(a) sub-clause 8.1 (a) or (b) above (where the Product is unavailable or there is a pricing or Product description error), then we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If any payment has been taken, then the full payment amount, including the delivery fee and any other fees and charges, will be refunded to your original payment method;
(b) sub-clause 8.1 (c) above (where you are in breach of these terms and conditions), then we will provide you with reasonable notice of that cancellation. If your order is cancelled before the day of delivery, then the full payment amount, including the delivery fee and any other fees and charges, will be refunded to your original payment method. If your order is cancelled on the day of delivery, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $15.00 or the value of the payments made, in addition to the charges for any perishable Products that were ordered. If any payment has been made in excess of $15.00 plus the charges for any perishable Products that were ordered, we will refund that excess amount to your original payment method.
8.3 You may cancel an order only by contacting us by telephone during Contact Hours and only if your proposed cancellation occurs before the time that the Product is despatched from our premises to the custody of Australia Post, in which case no fees or charges will apply to that cancellation. In that event, the full payment that you have made to us, including the delivery fee and any other fees and charges, will be refunded to your original payment method.
8.4 If you purport to cancel an order by contacting us by telephone after the time that the Product has been despatched from our premises to the custody of Australia Post, then no such cancellation will be accepted by us and no portion of the payment that you have made to us will be refunded to you.
9. Fees and charges
9.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery fee communicated to you at the time you selected your order;
(c) the cancellation fee for an order that is cancelled as set out in these terms and conditions; and
(d) any other fees and charges set out in these terms and conditions.
9.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST, where applicable.
9.3 The purchase price of each Product is shown on the product list on the Site at the time that you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any retail store that sells the same Product.
9.4 You acknowledge that:
(a) we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site at any retail store or vice versa; and
(b) all pricing displayed on the Site may differ depending on the postcode that you have selected (that is, prices may differ between different geographical locations).
9.5 Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
9.6 If a Product that you have ordered is unavailable and we have not provided you with a substitute, then we will provide you with a refund within 3-5 business days credited back to your original payment method to the value of the Products that were not supplied to you.
10. Payment Methods
10.1 You must pay the fees and charges online using the online payment methods described in this clause.
10.2 We accept the following credit cards and payment methods:
(i) Visa and Visa Debit;
(ii) MasterCard and MasterCard Debit;
(iii) Discover; and
10.3 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
10.4 You authorise us to debit the amount that is payable for an accepted order from your nominated credit card to pay for the fees and charges.
10.5 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
10.6 We will provide you with a receipt at the time of delivery which specifies the total fees and charges for the Products in the order, and any unavailable Products, including the dollar value refunded to your card of purchase.
11. Your General Obligations
(a) must ensure that your Login identification and password that are used to access the Site and the details of your account are stored in a safe and secure manner;
(b) must notify us by telephone during Contact Hours if you become aware that there has been any unauthorised use of your Login identification, password or account;
(c) must promptly advise us of any changes to your information that you provided to us as part of the customer registration process;
(d) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(e) are responsible and liable for any person that uses your Login identification and password to order Product(s) through the Site;
(f) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Login identification and password through the Site; and
(g) must carefully check the labels on the Products before consumption or use.
12. Your General Restrictions
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in any way, or post to or transmit to or via the Site any material, that interferes with other Site users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents or hinders any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, threatening, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper, interfere with or hinder the normal operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling, harmful or malicious programming code to the Site;
(h) use any automated robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false names or fraudulent pretences;
(m) use the Site to violate the security of any Computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our technical infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage, assist or permit another person to do any of the above acts.
13. Suspension of Account
13.1 We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.
13.2 If we lock, suspend or delete your account, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address will be you or another person who is authorised by you to do so on your behalf; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placing of any order on the Site.
15. Our Liability
15.1 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure or defect and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure or defect. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
15.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the aforementioned consumer guarantees and/or provisions of the Australian Consumer Law or our liabilities under those provisions:
(a) you acknowledge that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement and these terms and conditions;
(c) we will not be liable to you for any indirect or consequential loss arising from or connected to this agreement and these terms and conditions in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, loss of profits or expected savings, loss or corruption of data and any other commercial or economic loss of any kind);
(d) we do not warrant and we exclude all liability in relation to the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site, and we exclude all liability of any kind for the transmission or reception of or the failure to transmit or to receive any material of whatsoever nature.
(e) you should not rely on any information accessed using the Site to make a purchasing decision. You should rely on your own enquiries before forming your own opinion and taking any action based on any such information, and we exclude all liability in relation to any alleged reliance by you on any information accessed using the Site.
(f) we do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these terms and conditions.
15.3 Our liability to you for loss or damage of any kind arising out of this agreement and these terms and conditions or in connection with the relationship established by the same is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise whatsoever.
15.4 This clause 15 prevails over all other clauses and sets out our entire liability, and your sole and exclusive remedies, for the performance, non-performance, purported performance or delay in performance of these terms and conditions or any order(s) made on the Site or generally otherwise in relation to these terms and conditions.
16.1 The Site is provided to you on an "as is" and "as available" basis and may, from time to time, contain errors, faults and inaccuracies. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), we and all third parties who have provided material for inclusion on the Site (Third Party Providers), make no representation and provide no express or implied warranty or guarantee about the security of the Site, the safety of any file or software associated with it (such as safety from any virus or defects including those that could damage or interfere with any data, software or hardware with which it might be used) or that access to the Site will be uninterrupted.
16.2 The content of the Site is general and provided for information purposes only. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), we and all Third Party Providers do not give any express or implied warranties and make no representations in relation to the Site. In particular, while reasonable care is taken in its preparation, George’s Gourmet Coffee and its Third Party Providers do not guarantee or warrant the accuracy, quality, completeness, reliability or currency of the Site (including any errors in or omissions from the content of the Site), or of any George’s Gourmet Coffee or Third Party Providers’ websites, materials, information, Products or services promoted or accessed via the Site, or their usefulness in achieving any purpose. You should make and rely on your own assessment and enquiries to verify the accuracy of the information provided.
16.3 George’s Gourmet Coffee does not provide telecommunications services and does not warrant that you will have continuous access to the Site or that it will be supplied without faults or defects. George’s Gourmet Coffee will not be liable in the event that the Site is unavailable to you due to technical downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply. George’s Gourmet Coffee reserves the right to suspend or terminate the availability of the Site at any time without notice.
16.4 You agree to access and use the Site, including its content and services, entirely at your own risk.
16.5 George’s Gourmet Coffee makes no claims that the Site is appropriate, legal or may be downloaded outside Australia. Access to the Site, and other content and services may not be legal by certain persons or in certain countries. If you access the Site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your own jurisdiction.
17.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and the breach cannot be remedied or you fail to the remedy the breach within 7 days of our notice to you of that breach, or if there is any emergency situation.
17.2 You may stop using the Site at any time and for any reason.
17.3 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products. In any such case, we will notify you and will refund to you all valid payments received by us for those Products.
18. Intellectual Property Rights
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (hereinafter collectively called the “Content”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Content without our prior written consent; and
(c) must not frame or embed in another website any of the Content appearing on this Site without our prior written consent.
18.2 You may temporarily store a reproduction of the Content of this Site on your Computer for the sole purpose of viewing the Content and/or print hard copies of the Content for the sole purpose of viewing and purchasing Products but not for any other purpose, and in particular - any commercial use whatsoever.
18.3 This Site contains registered trade-marks and other trade-marks which are protected by law. You must not use any of the marks or trade-marks appearing on the Site or our business name(s) or the names of our related companies or entities without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by Third Party Providers, or other third parties (including our suppliers) without obtaining the relevant third party owner’s prior written consent.
19. Changes to these Terms and Conditions
19.1 We may change these terms and conditions at any time, and all such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms and conditions carefully each time you agree to them during the ordering process.
19.2 If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time that you placed your order.
20. Links on our Site
20.1 The Site may contain links to external websites that are not operated by us or our related companies or entities. Those links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) those links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at or through those sites.
21. Cookies and tracking
22.1 If any part of a provision of this agreement and these terms and conditions is void, unenforceable or illegal in a jurisdiction, then such part is severed for that jurisdiction. The remainder of this agreement and these terms and conditions have full force and effect and the validity or enforceability of the said provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the fundamental nature of this agreement or is contrary to public policy.
22.2 This agreement is governed by the laws of Victoria, Australia. You and all other parties submit to the non-exclusive jurisdiction of the courts of that State. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
22.3 We try to be as accurate as possible and use our best efforts to ensure, but do not warrant, that any information provided by our suppliers, including in relation to Product descriptions or other content of this site, is accurate, complete, reliable, current and error-free. You release us from all liability howsoever arising in the event that any such information provided by our suppliers proves to be inaccurate or erroneous.
23. Force Majeure
23.1 We will not be liable to you for any breach, hindrance or delay in the delivery of any Product that is attributable to any cause beyond our reasonable control, including without limitation any natural disasters, actions of third parties (including without limitation – vandals, hackers, criminals, suppliers, governments, or local authorities), riot, civil commotion, war or conflict, national emergencies, terrorism, piracy, strikes, epidemic, fire, explosion, storm, flood, extreme weather conditions, earthquake, accident, mechanical breakdown, third party software, failure or problems with public utility supplies including electrical, telecommunications or Internet failure (all of which are described herein as a “Force Majeure" event, regardless of whether the event in question could have been foreseen).
23.2 Either you or we may cancel an order immediately by written notice to the other party if a Force Majeure event lasts for longer than three days, in which event neither you nor we will be liable to the other by reason of such termination (other than for the refund of the price of a Product already paid for by you and not delivered).
Capitalised terms herein are defined as follows. In these terms & conditions:
“Computer” means any form of information technology processing machine that enables you to access the internet and browse and/or interact with websites, including any form of mobile device, tablet or telephone that has such capabilities.
“Contact Hours” means customer service operating hours, being Monday to Friday 9.00 am to 5.00 pm Australian Eastern Standard/Daylight Time.
“Delivery Address” means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
“GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
“Login identification” means the email address that you provide to us as part of the registration process to use the Site.
“Product” means each good or service that is advertised on the Site.