1 Introduction
These terms and conditions apply to all transactions you enter into with Coffee, Curated. Pty Ltd ABN 646 117 777 trading as Coffee Curators (CC). In the terms and conditions ‘you’ or ‘your’ refers to the account holder using our website.
CC is a marketplace that enables Coffee Roasters and other sellers to make their products available to consumers through a single convenient location.
By accessing the CC website and placing orders for products through CC, you agree to be bound by and comply with these terms and conditions.
When CC receives an order from you it will pass that order on to the applicable supplier who will be responsible for fulfilling your order. You will receive an invoice from CC for the products you order, but that invoice is sent to you by CC as an agent for the applicable suppliers.
You are responsible for:
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Ensuring all information – including payment information – on your account is correct and up to date.
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Notifying us of any changes to your information in a timely manner.
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Ensuring funds are available for each debit to your account.
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Notifying us of any changes or issues with your order within the appropriate time frames.
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Selecting the type of coffee you want to order recognising that you are unable to taste before you buy and that coffee can not be returned except in limited circumstances.
2 Contacting Coffee Curators
You are able to contact Coffee Curators by the following methods:
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Our website – coffeecurators.com.au
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Our customer service centre at hello@coffeecurators.com.au
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Enquiry Form – coffeecurators.com.au/contact
For product or delivery related issues or any other enquiry including amendments of already placed orders, please contact us by email.
3 Marketing materials
You acknowledge and agree that we may contact you (including by email, SMS, telephone or such other means) in relation to:
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our delivery, your account information, any of our products;
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marketing which CC conducts, including special products being offered together with our newsletters or other publications.
To unsubscribe from any of our marketing or promotional contact with you, please use the unsubscribe button in a marketing email or in your user account.
4 Becoming a Customer
You promise to us that by opening an account with us;
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If the account holder is a natural person, you are at least 18 years of age; or
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If the account holder is a corporate entity, you are authorised to open the account on its behalf; and
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all information provided to CC is true, accurate and complete.
On registration, you will be issued with a customer number, username and password to access your online account. You are solely responsible for maintaining the confidentiality of your login information. You may update or edit your account at any time through our website. Your account is non-transferable. You may be refused an account or your account may be terminated at our sole discretion at any time.
Your orders must be placed through our website. You will be emailed an order confirmation before your delivery is due to be made. This email will identify your ordered products and their corresponding prices. Please ensure that you review your order confirmation and advise us immediately if you believe there are any product or pricing discrepancies.
5 Payment
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Orders will be charged to your nominated paying method. Debit/credit card or PayPal payments will be made once your order has been processed.
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Payments will appear on your bank statement as “Coffee Curators”.
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You authorise us to deduct any amount owing. The amount owing is considered the total outstanding balance of your account as at the debit date.
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It is your responsibility to ensure that sufficient funds are available for these deductions. It is your responsibility to ensure that your credit/debit card or PayPal details are valid and up to date. If there is any change to your account details, then it is your sole responsibility to immediately notify us.
6 Shipping and delivery
Information on shipping and delivery can be found in the CC shipping policy, available on the CC website.
7 Returns and refunds
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Coffee is a freshly sourced product and thus cannot be returned due to change of mind.
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Returns are only accepted if:
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The content of a delivery is damaged; or
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The delivered goods do not match what you ordered (as determined by the order confirmation).
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If you want to return a product you must notify CC by email within 48 hours of delivery.
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CC will investigate the return and notify you whether a return will be accepted. CC’s decision is final and binding on you. If accepted, you will receive a time-limited credit which will be applied to a future order.
8 Limited liability
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The website of CC might not always be available due to maintenance works, ensuring your security and safety online, or other unforeseeable events. In such events only, you may place orders via email at hello@coffeecurators.com.
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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.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions: -
you acknowledge that our sites (including this website and all mobile applications) ("Sites") are provided "as is" and that we do not make any warranty or representation as to the suitability of the Sites, anything (including content and websites) to or from which the Sites are linked or any product for any purpose;
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we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the Sites are linked;
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we will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it 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.
9 Cancellation or changes of orders
If you notice an error in a placed order or want to cancel your order, you must notify CC via email without delay.
CC will try to cancel or correct your order where possible but it does not guarantee that it can do so.
CC is unable to refund or amend orders resulting in missing, incomplete or incorrect deliveries due to incorrect data provided.
No changes or cancellations will be accepted after a order has been processed by the roaster.
You must pay for any products (including any delivery fees and taxes) which you have ordered if you attempt to cancel or change change the order after it has been processed.
10 External content
CC is not responsible for external content that is linked on its website.
11 Debt collection
You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and unpaid payments from your account. You agree and allow us to contact you to discuss these payments.
In the event that we are unable to receive or gain satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of referral.
12 Suspected fraudulent accounts
We reserve the right to investigate all accounts where it suspects incorrect or fraudulent activity has occurred. We may conduct investigations into the above matters which can include but not limited to requesting copies of identity to verify your account information, ask for an upfront payment for your orders, and have the local franchisee visit the account holder to verify account and delivery details.
We may choose to terminate your order or account if this information cannot be verified, or if payment cannot be made.
13 Disputes
If you feel that any transaction, payment or rejection, or other billing issue is in error, or that you have been advised something by CC in error, please contact our customer service centre by email (hello@coffeecurators.com.au).
We may require copies of your personal or banking information (such as bank statements) to be forwarded to us to properly investigate your dispute. We may be unable to resolve your dispute if this information is not provided.
14 Privacy Policy
Our collection and use of personal information in connection with your account and yours orders at our platform is as provided in CC’s Privacy Policy available at the CC website.
15 Cancelling Your Account
You are able to cancel your account with us at any time on our website. No cancellation fees or minimum contracts apply. You will be required to pay for all received orders, plus any orders that are being processed.
16 Changes to Terms and Conditions, Shipping Policy and Privacy Policy
CC’s terms and conditions, privacy policy, shipping policy and other policies may change, be suspended or terminated at any time. These changes may relate, amongst other things, to our delivery charges. We will give advance notice of any such matters on the CC website and/or via e-mail where required by Australian law. Continuing to use any CC’s facilities, including using or ordering from CC after the period of advance notice has expired will be deemed acceptance of the amended terms and conditions.
PLEASE NOTE
This Agreement is governed by the laws of the State of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of courts located in Sydney, New South Wales exercising jurisdiction there in connection with all matters concerning this Agreement.