WEBSITE TERMS OF SALE OF PRODUCTS
These are the terms and conditions of sale of products (Terms) of NEDA PARVEEN KHAN (ABN 63 758 405 619) trading as BOMBAY SPICES AUSTRALIA on our Website. These Terms incorporate the Website Terms of Use and Privacy Policy published on the Website.
1. DEFINITIONS AND INTERPRETATION
In these Terms, unless a contrary intention is evident:
1.1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.2. Business Day means any day other than a Saturday, Sunday or public holiday in Victoria;
1.3. Loss or Damage means any direct, indirect, incidental, punitive, special or consequential loss or damages of any kind, including, but not limited to, loss of profits, revenue or savings, damage to reputation or business goodwill, virus to systems, trespass, personal injury, property damage and legal costs and expenses.
1.4. Bombay Spices Australia means “we”, “us” and “our” and includes any employee, servant, contractor, subcontractor, agent, partner or officer of Bombay Spices Australia.
1.5. Products means the spice products listed for sale through the Website.
2. PLACING ORDERS
2.1. You will place an order for Products through the Website. We will send you an email confirming your order.
2.2. When placing your order, we will require your personal information including:
2.2.1. full name;
2.2.2. email address;
2.2.3. delivery address;
2.2.4. telephone number.
2.3. You warrant that your personal information is accurate, correct and up to date. If there are changes to your personal information, you must notify us as soon as possible at nedakhan82@gmail.com.
3. PRIVACY
We take your privacy seriously. Please read our Privacy Policy available on the Website. It explains how we collect, hold, use and disclose your personal information.
4. PAYMENT
4.1. You agree to pay us:
4.1.1. the purchase price for the Products listed on the Website. You acknowledge and agree that we may vary our prices at any time and notice is given by posting the updated price on our Website;
4.1.2. shipping fees for delivery of the Products. The shipping providers may change their fees from time to time. You agree that we can vary the shipping fees applicable to orders for Products at any time.
4.2. We accept payments by [Stripe – any other credit providers]. You warrant that you have read and agreed to the terms and conditions of Stripe or other credit providers. We will not be liable for any Loss or Damage arising out of your use of those facilities.
5. RETURN, REPLACEMENT AND REFUND PROCEDURE
5.1. You may cancel your order for Products no later than 24 Hours after placing the order. We will confirm cancellation of the order by email and provide a full refund. If you change your mind and cancel your order for Products later than 24 Hours, we will have commenced processing your order and cannot provide a refund.
5.2. If the Products delivered to you are defective in any way, please contact us at enquiries@bombayspices.com.au to arrange a replacement of the Products or a refund.
6. DISCOUNTS AND COUPON CODES
6.1. We may at times offer discounts or coupon codes only on full-priced Products unless otherwise stated.
6.2. Discounts and coupon codes are available for the stated time or until stocks last (whichever occurs first).
6.3. Coupon codes cannot be transferred or redeemed for cash under any circumstances.
6.4. We reserve the right to revoke any discount offer or coupon code at any time without notice.
7. GIFT VOUCHERS
7.1. We may sell gift vouchers on our Website. We will deliver the gift voucher to the nominated email address and it may be redeemed for Products sold on our Website.
7.2. As purchaser, you are responsible for ensuring the gift voucher is stored securely and given only to the
intended recipient.
7.3. Gift vouchers will not refunded or redeemed for cash in any circumstances.
7.4. Gift vouchers can be redeemed for Products sold on our Website for a period of one (1) year from the date of purchase and will expire after that date.
8. POSTAGE AND DELIVERY
8.1. You agree to pay the [postage/shipping] fees listed on the Website for delivery of your Products. We use the services of Aramex and Australia Post to deliver Products within Australia. We may also use other delivery service providers to deliver our Products to you.
8.2. When our Products have been packed, we send you an email confirming the Products are ready for delivery. When the Products are posted/shipped, we will send you an email with tracking information. The email may also include the expected time of delivery of the Products. You agree that we will not be liable for any delay in dispatch of your Products.
8.3. Our delivery service providers may change their fees from time to time. You agree that we can vary the postage/shipping fees applicable to orders for Products at any time on notice given by listing the updated postage/shipping fees on the Website.
8.4. We process all orders for Products within 3 Business Days of receipt of payment. We use our best endeavours to dispatch Products on the same Business Day or the next Business Day.
8.5. If you give us an incorrect address for delivery of the Products and the Products are returned to us, we reserve the right to require you to pay further postage fees for any delivery of the Products to the correct address. In the alternative, we may issue a refund less any postage fees paid for the unsuccessful delivery of the Products.
8.6. If Aramex/Australia Post or other delivery service provider has lost or damaged the Products in transit, you agree our liability is limited to any compensation we are able to recover from Australia Post/Aramex or other delivery service provider, less our reasonable costs in seeking compensation, unless otherwise required by law.
8.7. Risk in the Products passes to you on delivery to your nominated address.
8.8. If we accept a return of any Products, risk in those Products will revert to us when we confirm receipt of the returned Products.
9. INTENDED USE OF PRODUCTS
You agree the Products are to be used for their intended purpose as described on the Website. If you use the Products for any other purpose, you assume full responsibility for any Loss or Damage arising out of that improper use of the Products.
10. ADVICE AND INFORMATION
Information on the Website in relation to our Products is for general use only. We do not make any representations or give any warranty as to the accuracy or completeness of information on the Website. Your personal situation has not been considered when providing the Information. Reliance on the information is at your sole risk and you must seek independent professional or medical advice. We will not be liable for any Loss or Damage suffered as a result of any person’s reliance on information we provide on our Website, except as required by law.
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11. INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCTS
You acknowledge and agree that all intellectual property rights in the Products owned by us including before and after this Agreement remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights in the Products to you.
12. AUSTRALIAN CONSUMER LAW AND LIMITATION OF LIABILITY
12.1. Our Products come with guarantees, warranties, conditions and representations that cannot be excluded under the Australian Consumer Law.
12.2. Wherever possible, our liability for breach of any guarantee, warranty, condition and/or representation is limited, at our option, to:
12.2.1. replacement of the Product;
12.2.2. refund of the price paid for the Product.
12.3. We exclude liability for any Loss or Damage arising from your use of the Products, except where we are unable to limit or exclude such Loss or Damage under the Australian Consumer Law.
13. VARIATION
We may modify or vary these Terms at any time by publishing a copy on the Website. The changes will take effect immediately these Terms are published on the Website.
14. SEVERANCE
If a court of competent jurisdiction deems any part of these Terms is unenforceable, invalid, illegal, void or voidable, that part will be severed, and the remainder of these Terms remain in force.
15. TERMINATION
We may terminate these Terms at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving notice of termination, we will refund any amounts paid by you in respect of undelivered Products.
16. GOVERNING LAW AND JURISDICTION
These Terms will be governed by and construed in accordance with the laws in force in Victoria and the Commonwealth and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria.