This page, together with the documents referred to herein, sets out the terms and conditions (“Terms”) on which we supply any of the products (each a “Product”) listed on our website http://www.coffeecapsules2U.com.au (the “Website”) to you. Please read these Terms carefully before ordering any Products from the Website.
(a) References to “we”, “us” or “our” are references to Coffee Capsules 2 U Pty Ltd ACN 606 485 661 (CC2U) of 38 Ricketty, Mascot, NSW 2020, Australia and its subsidiaries, associates and officers, unless otherwise stated.
(b) These Terms govern the supply by us of any Product ordered by you on the Website. By agreeing to order a Product, you agree to be legally bound by these Terms.
(c) In these Terms:
A. “Account” means the account that you have the option to register for on the Website if you would like to submit an Order on the Website;
B. “Acknowledgement” means our acknowledgement of your Order by email;
C. “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).;
D. “Business Day” means a day which is not (i) a Saturday or Sunday; or (ii) a public holiday anywhere in Australia;
E. “Confirmation of Order” means our email to you, in which we accept your Order in accordance with clause 4(i) below;
F. “Contract” means your Order of a Product or Products in accordance with these Terms which we accept in accordance with clause 4(i) below;
G. “Customer” means individual who places an Order on the Website;
H. “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to “these Terms” shall be deemed to include any collateral contract);
I. “Order” means the order submitted by you to the Website to purchase a Product from us;
J. “you” means the Customer who places an Order;
K. references to "clauses" are to clauses of these Terms;
L. headings are for ease of reference only and shall not affect the interpretation or construction of the Terms;
M. words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
N. references to "includes" or "including" or like words or expressions shall mean without limitation.
2. Your Status
You must be over 18 years of age to place an Order for Products on this Website and possess a valid credit or debit card issued by a bank acceptable to us.
(a) These Terms shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall constitute your unqualified acceptance of these Terms. Nothing in these Terms affects your statutory rights.
(b) These Terms shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
(c) No other terms or changes to the Terms shall be binding unless agreed in writing signed by us.
4. How a Contract is formed
(a) When making an Order, you must follow the instructions on the Website as to how to make your Order and for making changes to your prospective Order before you submit it to the Website.
(b) Once you select a Product that you wish to Order, you will then be shown or told (on the Website) the charges you must pay including GST, if applicable, and any applicable delivery charges. All charges are in Australian dollars and are subject to change without notice. This is the total that you will pay for receipt of the ordered Product.
(c) You must pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
(d) If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
(e) You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
(f) When you submit an Order to the Website, you agree that you do so subject to these Terms current at the date you submit your Order. You are responsible for reviewing the latest Terms each time you submit your Order.
(g) Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
(h) We shall not be obliged to supply the Product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
(i) A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send a tax invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
(j) If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact firstname.lastname@example.org immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
(k) A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
(l) You must only submit to us or our agent or the Website information which is accurate and not misleading and you must keep it up to date and inform us of changes.
(a) We aim to deliver the Product to you at the place of delivery requested by you in your Order.
(b) For deliveries in mainland Australia and Tasmania, we always aim to deliver within 7 working days from the date on which you receive our Confirmation of Order but we cannot guarantee any firm delivery dates.
(c) We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
(d) On delivery of the Product, you may be required to sign for delivery, unless you grant us ‘authority to leave’ pursuant to clause 5(e) below. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
(e) You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
(f) Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
(g) We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
(h) You are responsible for all delivery costs. The price of shipping is determined by the weight of items purchased and delivery address. Free shipping is applied to all Orders over $100, for Australian purchases only. No free shipping is available for any Orders where the delivery address is outside of mainland Australia and Tasmania.
(i) Unless otherwise specified, all risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
(j) You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
(k) You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
(l) If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
(m) If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, 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 Contract, 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 Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5(m)A above).
6. Cancellation and Change of Mind Returns
(a) We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
(b) We will usually refund any money received from you using the same method originally used by you to pay for the Product (subject to applicable bank fees and charges).
(c) We cannot refund or exchange Products for change of mind or errors you made in your Order. We may at our sole discretion, allow a return for store credit or refund on a case by case basis, provided that the item in question is:
A. returned within 14 days of Order;
B. not used; and
C. not damaged in any way.
A $25 or 50% (whichever is lower) returns handling fee will apply to returns accepted under this clause. If we allow a return in these circumstances, we will ask you to follow our Returns Process.
7. Returns Process
(a) The following Returns and Refunds policy applies only to Orders delivered within Australia. If you are dissatisfied with any Product purchased on this Website, please contact email@example.com and we will be happy to organise an exchange or refund for you.
(b) Once you contact us, we will investigate your issues and advise you as to whether your Product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your Products, with which you must comply.
(c) All Products must be returned in a saleable condition, as soon as possible following purchase. We do not allow any returns on coffee purchased unless there is a quality issue with the coffee or capsule. Appropriate packaging must be used to ensure that no in-transit damage occurs. All returns will be inspected for authenticity prior to processing for refund or exchange. You may be contacted to clarify any issues relating to the returned Product or to improve our quality processes. Returned Product postage will be our discretion.
(d) Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the Products.
(e) We aim to process refunds and replacements within 7 days of receipt by us of the original Product, however, depending on your item and the number of returns in our system, this may take longer.
8. Defective Products
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure. You are also entitled to have the Products replaced if the Products fail to be of acceptable quality and the failure does amount to a major failure.
9. Storage Instructions
Subject to any express storage instructions on the Product packaging, all Products must be stored in a cool, dry place, away from light.
(a) You may use promotional and/or store credit vouchers as payment for certain Products on the Website. All references to “vouchers” in this clause 10 include any ‘store credit vouchers’ given to you by us.
(b) We may email vouchers to you. We accept no liability for errors in the email address of the voucher recipient.
(c) If you have a voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
(d) In the event of fraud, we are entitled to close your Account and/or require a different means of payment.
(e) We assume no liability for the loss, theft or illegibility of vouchers.
(f) Conditions for the redemption of vouchers:
A. From time to time we may release vouchers that may be used on the Website. Vouchers can only be redeemed on the Website.
B. Vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offer (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands may be excluded from voucher promotions. Store credit issued in lieu of a refund will expire after 12 months from the date of issue. Unless otherwise stated in any promotional material or elsewhere by us, store credits issued for promotional purposes (or otherwise at our discretion) will expire after 3 months from the date of issue.
C. The credit of a voucher cannot be used to pay for products from third parties other than us.
D. If you place an Order for a Product less than the value of the voucher (excluding ‘store credit vouchers), no refund or residual credit will be returned to you.
E. The credit of a voucher does not accrue interest nor does it have a cash value.
F. If the credit of a voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher (excluding ‘store credit vouchers’) or attempting to rely on any other offer).
G. Please note that only one promotional voucher can be used per Order, and that vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).
(g) Note that vouchers are applied to tax invoices as a whole. Accordingly, in circumstances where multiple items are purchased using a voucher, and one or more items is returned, the discount is applied on a pro rata basis to each item for the purpose of establishing refund values. For the avoidance of doubt, promotional vouchers cannot, under any circumstances, be redeemed for cash.
(a) Unless otherwise specified, the terms and conditions in this clause 11 will apply to all promotions run by us. To the extent that any such special terms and conditions are not inconsistent with the terms and conditions in this clause 11, clause 11 will continue to apply.
(b) We collect personal information in order to conduct promotions and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. We may, for an indefinite period (unless otherwise advised), use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
(c) Note that discounts received pursuant to promotions are applied to tax invoices as a whole. Accordingly, in circumstances where multiple items are purchased, and one or more items is returned, the discount is applied on a pro rata basis to each item for the purpose of establishing refund values.
12. Limitation of Liability
(a) This clause 12 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
A. the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Website (or any part of it or them); or
B. otherwise in relation to these Terms or the entering into or performance of these Terms.
(b) Nothing in these Terms shall exclude or limit:
A. our Liability for (i) any breach of the obligations implied by law; or (ii) any other Liability which cannot be excluded or limited by applicable law; or
B. your statutory rights as a consumer.
(c) In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
(d) Subject to clause 12(b):
A. we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website; and
B. we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
C. you should not rely on any information accessed using the Website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(e) Except as set out in clause 12(b), 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.
(f) Except as set out in clause 12(b), we shall have no Liability for: loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of the use of money; loss of anticipated savings; loss of business; loss of operation time; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 12(f) applies whether such losses are direct, indirect, consequential or otherwise.
(g) Except as set out in clause 12(a):
A. our total Liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) $100; or ii) 100% of the value of the relevant Contract under which the cause of action arises; and
B. our total Liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) $100; or ii) 100% of any amount paid by you to us under any Contract.
(h) The limitation of Liability under clause 12(g) has effect in relation both to any Liability expressly provided for under these Terms and to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms.
13. Guarantee and complaints management
(a) We shall perform our obligations under these Terms with reasonable skills and care.
(b) We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1(a) of these Terms or by emailing us at firstname.lastname@example.org. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
(c) In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within 7 Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
14. Data protection
15. Circumstances beyond our control ('Force Majeur')
(a) We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
(b) Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of 2 Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
(c) If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
Unless expressly stated otherwise, all prices on this Website are inclusive of GST. We will issue you with a tax invoice for all purchases. GST means the Australian Goods and Services Tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“Act”). Tax Invoice means a tax invoice as defined in the Act.
17. THE CC2U Club Subscriptions Policy
Payment for your selected subscriptions are billed upfront. Please ensure that you will be available to receive your Orders for the duration of your subscription policy as they cannot be cancelled or postponed. Address may be updated by contacting email@example.com and verifying that you are the recipient of the subscription.
(a) Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
(b) Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in Australia. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient's server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
19. Advertising on the Website
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Website published by the Advertising Standards Authority.
20. Intellectual Property
The intellectual property rights in all software and content made available to you on or through this Website remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
(a) We shall keep a record of your Order and these Terms until 7 years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms, your Order, the Acknowledgement and the Confirmation of Order.
(b) No failure or delay by us or you in exercising any right under these Terms or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms or a Contract.
(c) If any clause in these Terms or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms or a Contract shall be capable of continuing in effect without the unenforceable term.
(d) You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms or a Contract or all or any of your rights or obligations under these Terms or a Contract.
(e) Nothing in these Terms or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
(f) No person who is not a party to these Terms or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms or that Contract its assent to any such term.
(g) These Terms and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of New South Wales. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of New South Wales. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
22. Amendment to the General Business Terms
We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on-line. However, continued use of the Website will be deemed to constitute acceptance of the new Terms.