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 espressotoria.com 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
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. PLACING ORDERS, ACCEPTANCE OR REJECTION
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. RISK, TITLE, DELIVERY
6.1. Title and risk in the Goods passes to you on delivery.
6.3. You may be charged a delivery fee, as set out in our Delivery Policy.
7. AVAILABILITY OF GOODS
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. RETURNS POLICY AND REFUNDS
9. WARRANTY AND LIABILITY
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;
9.3. 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. INTELLECTUAL PROPERTY
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. YOUR USE OF THE WEBSITE
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;
11.1.9. attempt any of the above acts or engage or permit another person to do any of the above acts.
12. THIRD PARTY WEBSITES
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.
13.3. You may terminate account with the Website at any time, and without notice to Vittoria Food and Beverage.
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 email@example.com. 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).
15.4. 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. SUBSCRIBE & SAVE TERMS AND CONDITIONS
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.