CONDITIONS OF SALE
In these terms:
1.1. Goods means any goods provided by Kaffeina to you. Kaffeina means Kaffeina Group Pty trading as Kaffeina and its officers, employees and agents.1.2. Services means any services provided by Kaffeina to you.
1.3 .You means the person(s) purchasing Goods and Services from Kaffeina which these conditions accompany.
2. APPLICABILITY OF TERMS AND CONDITIONS OF SALE
2.1. Each order placed with Kaffeina by means of the internet shall be governed by these Terms and Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, these Terms and Conditions of Sale.
2.3. Kaffeina reserves the right, at any time, to modify these Terms and Conditions of Sale by posting a new dated version on this website. By placing an order after Kaffeina has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
3.1. When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
3.2. Please inform Kaffeina about changes of address or other modifications by updating your personal details on this website without delay.
4.1. When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
4.2. You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
4.3. If you know or suspect that someone else knows or has used your password, you should notify Kaffeina immediately.
5.1. You may place orders for Goods and Services (a) by completing a purchase order form and sending or faxing it to Kaffeina; (b) by telephone; (c) online on the Australian pages of the website www.kaffeina.com.au, www.illyaustralia.com.au, www.illycapsules.com.au; www.ublend.com.au or (d) in person at a Kaffeina store.
5.2. All orders are subject to availability of stock and min/max quantities as Kaffeina decides from time to time.
5.3. Kaffeina offers its products on this website within the limits of its available stocks.
5.4. Kaffeina reserves the right to refuse orders whether whole or in part in its absolute discretion.
6.1. You must verify your order of Goods upon delivery and you must notify Kaffeina within seven days of receipt of any incorrect order. If required by Kaffeina, such Goods forming part of the incorrect order must be promptly returned by you to Kaffeina.
6.2. Kaffeina will only accept returns of unused Goods in their original condition and packaging, accompanied by the invoice.
6.3. When returns are properly completed, Kaffeina will reimburse the price of the returned Goods and the invoiced delivery charges within 30 days of receipt of the returned Goods.
6.4. You cannot refuse to accept Goods merely because they are not delivered by any given date or dates.
7. DELIVERY AND RECEIPT
7.1. Kaffeina will endeavor to provide Goods and Services in a timely manner to the address specified in your order, however Kaffeina will not be liable for (a) any failure to deliver or delay in delivery for any reason; (b) any damage or loss due to unloading or packaging; or (c) damage to property caused upon entering premises to deliver the Goods or provide the Services. Any costs incurred by Kaffeina due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Kaffeina.
7.2. Invoices for Goods will include an additional freight and delivery charge as specified by Kaffeina.
7.3. If you wish to have Goods or Services provided by means other than Kaffeina’s usual means, you will need to make all necessary arrangements and pay all costs involved.
7.4 When you provide an Authority To Leave, Kaffeina Group Pty Ltd is not liable for any loss or damage to the parcel.
8. PAYMENT AND INTEREST
8.1. Kaffeina may change the price of Goods and Services from time to time without notice to you.
8.2. You must pay the price of Goods and Services current at the time of payment or the time of dispatch of the Goods or provision of the Services, whichever is the earlier.
8.3. Invoices are payable on or before receipt of Goods or provision of Services. Time is of the essence in relation to all payments of money to Kaffeina under this agreement.
8.4. You must pay Kaffeina any GST payable for the provision of the Goods and Services.
8.5. Kaffeina reserves the right to charge interest on overdue payments at 2% above the interest rate for overdrafts of $100,000 or more charged by the Commonwealth Bank of Australia, compounded daily from the due date to the date of payment.
8.6. You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.
9. TITLE AND RISK
9.1. Title in Goods passes to you on payment in full for them.
9.2. Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.3 in which case risk passes when the Goods leave Kaffeina’s premises.
10. EXCLUSIONS AND LIMITATIONS
10.1. To the extent permitted by law, Kaffeina will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.
11.1. You indemnify and must keep Kaffeina indemnified against all reasonable damages, losses, costs and expenses suffered by Kaffeina arising out of any breach by you of this agreement or arising out of your use, possession or sale of the Goods, or the use, possession or sale of the Goods by someone with your authority or permission to the extent not caused or contributed by Kaffeina.
12.1. These terms and any invoice referencing these conditions govern your membership of Kaffeina Club and the provision of Goods and Services and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
12.2. These terms may be varied by Kaffeina at any time by notice to you or by means of a notice on the Australian pages of the website www.Kaffeina.com.
12.3. Clerical errors are subject to correction without notice.
12.4. Kaffeina may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Kaffeina’s obligations under this agreement.
12.5. Kaffeina waives a right under these terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
12.6. You must pay Kaffeina all reasonable costs and expenses incurred by Kaffeina in connection with these terms including legal expenses (on a solicitor-client basis), and costs incurred in the recovery of monies owing by you to Kaffeina or in otherwise enforcing Kaffeina’s rights against you under the Contract.
12.7. Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended. If such a suspension exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.
12.8. These terms are governed by and must be construed in accordance with the laws of Victoria.