Espressotoria NZ

Terms & Conditions


This is an agreement between the customer (You) and Vittoria Food and Beverage (ABN 68 000 095 607), setting out the terms and conditions in accessing the website (the Website), and purchasing products from the Website.

In this Agreement,

Australian Consumer Law means Schedule 2 The Australian Consumer Law, of the Competition and Consumer Act 2010 (Cth).

Good(s) means the product(s) ordered by you from the Website.

GST means the same as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Price means the price of the Goods as displayed on the Website, and as varied by Vittoria Food and Beverage from time to time.

Registration Form means the form you must complete in order to register as a member to the Website.

Us or We means Vittoria Food and Beverage



1.1. Your use of the Website, and the purchase of any products from the Website, is subject to these terms and conditions of use (Terms of Use).

1.2. By completing your registration through the Website, and using the Website to purchase products from us, or otherwise using and accessing the Website, you agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, please do not use the Website.



2.1. You may become a member to the Website by completing the Registration Form. You warrant that any and all information you provide is accurate, complete and up-to-date, and you agree to keep your membership information current at all times by accessing your account via the Website. Your personal information will be held and used in accordance with our Privacy Policy.

2.2. You must be over the age of eighteen (18) years of age in order to register and become a member to the Website, and otherwise place an order for Goods.

2.3. We only permit one registration per email address provided in the Registration Form. If you elect to use your workplace email address, then you accept and are responsible for compliance with your workplace’s policies in relation to emails.

2.4. You must keep your password secure, and you agree to immediately notify Vittoria Food and Beverage as soon as you become aware of any security breach or unauthorised use of your password or account as soon as you become aware.



3.1. You may place an order for Goods by completing an electronic order through the Website. You may only order and purchase Goods through the Website, if you are a member.

3.2. You acknowledge that Goods on the Website are available for purchase only within Australia (or within nominated states of Australia, as elected by Vittoria Food and Beverage from time to time), at Vittoria Food and Beverage’s discretion.

3.3. In order to purchase Goods from the Website, the delivery address you nominate must be within a suburb where Vittoria Food and Beverage provides delivery (in Vittoria Food and Beverage’s absolute discretion). At any time, if an order contains a delivery address and suburb that are not within Vittoria Food and Beverage’s delivery area, the order will not be processed.

3.4. You warrant that the information provided in the details of your order are accurate and complete. You acknowledge that you may be asked to confirm your order details, when placing an order.

3.5. Your order becomes effective upon successful transmission after you press “Submit Payment” on the Website. You cannot cancel, or otherwise change the order after that time. You will receive an email confirming the placement of your order, to your nominated email address.

3.6. We reserve the right to accept or reject any order placed by you for any reason, including but not limited to the unavailability of Goods, and error in the Price of the Goods, or an error in your order. Vittoria Food and Beverage will have been deemed to accept an order if Vittoria Food and Beverage fails to reject an order within 15 business days of the receipt of the order.

3.7. If we reject an order, we will notify you within a reasonable amount of time, and will arrange for a full refund of any payment made by you within a reasonable amount of time.

3.8. You acknowledge that you are not permitted to purchase any Goods from the Website for resale to a third party or for trade purposes. If Vittoria Food and Beverage is concerned with the quantity of product within an order, we may contact you after you submit your order, and you acknowledge that Vittoria Food and Beverage may reject your order in accordance with clauses 3.5 and 3.6 above.



4.1. You must pay for the order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases. 

4.2. If we cannot accept payment from your credit card the order will not be processed and you will not be contacted.

4.3. You authorise Vittoria Food and Beverage to debit the amount that is payable for your order from your nominated credit card.

4.4. You must not pay, or attempt to pay, for the Goods through fraudulent or unlawful means.

4.5. You will receive a tax invoice by email once payment in respect of your order has been processed.



5.1. Prices shown on the Website are in Australian Dollars and include GST where applicable. You may also be charged a delivery fee (which may also include GST where applicable).

5.2. Prices are subject to change, in Vittoria Food and Beverage’s absolute discretion, and without notice to you.



6.1. Title and risk in the Goods passes to you on delivery.

6.2. Your order will be delivered via Australia Post’s standard delivery service. Our delivery terms are stated within our Ordering, Payment and Delivery Policy, as published on this Website. That policy is incorporated into this Terms of Use, and may be changed from time to time without notice to you.

6.3. You may be charged a delivery fee, as set out in our Delivery Policy.



7.1. You acknowledge and agree that the Goods on the Website may be out of stock or unavailable, and Vittoria Food and Beverage will not be able to fulfil your order or part of your order. Vittoria Food and Beverage may elect to contact you within five (5) business days to either arrange a full or partial refund, or change your order to replace a particular item with another good, as agreed by you, or in accordance with some other arrangement agreeable to you. Otherwise, Vittoria Food and Beverage will, at its discretion, cancel your order and arrange a full refund for any Good unavailable, with notice to you.

7.2. We reserve the right to withdraw or otherwise suspend any Good on the Website, either temporarily or permanently, at any time and without notice to you.



8.1. Vittoria Food and Beverage’s Warranty, Returns and Refund Policy applies to all purchases of Goods, and forms part of these Terms of Use. That policy may be changed from time to time without notice to you. Our Warranty, Returns and Refunds Policy is in addition to, but does not affect, any rights you are entitled to under Australian Consumer Law.

8.2. Any refunds of Goods, in the circumstances provided under these Terms of Use or otherwise under your rights under Australian Consumer Law, will be credited to the card you nominated in your order.



9.1. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

9.2. Subject to your rights under the Australian Consumer law which cannot be excluded, to the fullest extent permitted by law:

9.2.1. We exclude all implied terms and warranties whether statutory or otherwise, relating to the Website, Goods or the subject matter of this Agreement;

9.2.2. We exclude and disclaim all warranties, express or implied as to the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites,

9.2.3. Any liability of Vittoria Food and Beverage in relation to a breach by us of any express or implied warranties in respect of the Goods, will be limited at our election to the replacement of the Goods, or supplying equivalent Goods;

9.2.4. We are not liable under to you for any indirect, special, economic or consequential loss or damage, or any loss of revenue, profits, goodwill, data, opportunities or anticipated savings, arising out of or in connection with this Website, these Terms of Use or with your use or access of the Website (including the installation, downloading, use or performance of any software related to the Website)

9.2.5. Our liability to you for loss or damage of any kind arising out of these Terms of Use will be reduced or limited to the extend (if any) that you cause or contribute to the loss or damage.

9.3. In addition to the matters set out in 9.2, Vittoria Food and Beverage does not warrant or make a representation that

9.3.1. the Website, or the server that makes the site available on the World Wide Web (WWW) are free of software viruses;

9.3.2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

9.3.3. errors and defects in the Website will be corrected.

9.4. In addition to the matter set out in 9.2, to the extent permitted by law, Vittoria Food and Beverage is not liable to you for:

9.4.1. errors or omissions in the Website, or linked sites on the WWW;

9.4.2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

9.4.3. defamatory, offensive or illegal conduct of any user of the Website,

whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.



10.1. You acknowledge that the copyright in the material on the Website is owned by Vittoria Food and Beverage, or licensed to Vittoria Food and Beverage.

10.2. You may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

10.3. Save for the permitted uses at 10.2, you must not use the Website or the material on the Website for any other purpose. This includes, without limitation,

10.3.1. the reproduction of the material in any material form;

10.3.2. the distribution of the material in any material form;

10.3.3. re-transmission of the material by any medium of communication;

10.3.4. uploading and/or reposting the material to any other site on the World Wide Web;

10.3.5. “framing” the material on the Website with other material on any other World Wide Web site.

10.4. All trade marks displayed on this site are either owned or used under license by Vittoria Food and Beverage. You must not use any of the marks or trademarks appearing on this Website, without our prior written consent.

10.5. We reserve the right to make any changes and corrections to this Website as and when we consider it appropriate and without notice.



11.1. In addition to any of your other obligations set out in these Terms of Use, you acknowledge and agree that you must not:

11.1.1. Use the site for any activities that breach any laws, infringe any third party’s rights,

11.1.2. tamper with or hinder the operation of the Website;

11.1.3. knowingly transmit any viruses, worms, defects, Trojan horses, or similar disabling and malicious code to the Website;

11.1.4. modify, adapt or reverse engineer any portion of the website,

11.1.5. use the Website in any manner or way, which interferes with the use of any other use or customer, or defames, harasses, threatens or offends any person, or prevents any other person from using or enjoying the Website;

11.1.6. make fraudulent or speculative enquiries, purchases or requests through the Website;

11.1.7. use the Site to violate the security of any computer or network or engage in any illegal conduct;

11.1.8. use the Site other than in accordance with these Terms of Use, or

11.1.9. attempt any of the above acts or engage or permit another person to do any of the above acts.



12.1. The Website contains links to sites on the World Wide Web owned and operated by third parties and which are not under the control of the Owner.

12.2. In relation to the other sites on the World Wide Web, which are linked to the Website, Vittoria Food and Beverage:

12.2.1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and

12.2.2. is not responsible for the material contained on those linked sites.



13.1. Vittoria Food and Beverage may immediately terminate your access to and use of the Website (and cancel your membership of the Website), at any time, with notice to you, and for any reason whatsoever, including but not limited to a breach or suspected breach of these Terms of Use, or have otherwise attempted to use the Website in an unlawful or fraudulent manner.

13.2. If Vittoria Food and Beverage effects a termination in accordance with 12.1, any orders which have been accepted will not be affected, and will be supplied to you in accordance with these Terms of Use.

13.3. You may terminate account with the Website at any time, and without notice to Vittoria Food and Beverage.



14.1. Our Privacy Policy, outlined and available on this website, deals with the way in which your personal information is collected and managed. Our Privacy Policy forms part of these Terms of Use.



15.1. Vittoria Food and Beverage may provide you notice by electronic mail (email), to your nominated account email address. You may provide notice to An email sent by a party it will be deemed to be received by the other party at the time that it is sent provided no error message is received (unless sent outside of normal business hours, in which case it will be deemed to be received at the beginning of the next business day).

15.2. Vittoria Food and Beverage may amend or vary the terms and conditions of this Terms of Use, at any time. We recommend that you read the Terms of Use prior to each order you place.

15.3. Vittoria Food and Beverage reserves the right to cancel your membership at any time, without notice, for any reason whatsoever, including but not limited to a breach or suspected breach of these Terms of Use, or have otherwise attempted to use the site in an unlawful or fraudulent manner.

15.4. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

15.5. The laws of New South Wales govern this Agreement, and the parties agree to submit to the jurisdiction of the courts of New South Wales.



16.1. By subscribing to our “Subscribe & Save” service, you acknowledge that you agree to our Terms and Conditions.

16.2. Stock is subject to availability.

16.3. Upon subscribing to the service, your order will be generated following your initial subscription weekly, fortnightly or monthly, and delivery of the order will be subject to our Delivery Policy.

16.4. If you change address during the term of your subscription, you can do this via your account and it will take effect within twenty-four hours. If you have not changed your address before the following order is generated then we shall not be liable to you in the event that you fail to receive your order and no refund shall be provided.

16.5. Auto renewal - following your initial subscription period of a weekly, fortnightly or monthly subscription, your subscription will be automatically renewed until cancelled. You may opt out of the automatic renewal by:

16.5.1. logging into your customer account; and

16.5.2. unsubscribing from the services through the ‘Manage Subscriptions’ tab.

16.6. Any weekly, fortnightly or monthly subscription cancelled before the subscription expiration is not eligible for a refund.

16.7. The above cancellation policy does not affect your statutory rights.

16.8. We reserve the right to cancel your subscription at any time as a result of any breach of these Terms. We also reserve the right at our absolute discretion to cancel and/or change the “Subscribe and Save” subscription service.