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Terms & Conditions

SPICES2GO TERMS AND CONDITIONS

  1. INTERPRETATION

In these Terms and Conditions unless inconsistent with the context or subject matter the following terms shall have the following meanings:

"Agreement" means the agreement between the Customer and Spices2Go to supply Products and consists of the Order, and these Terms and Conditions;

"Customer" means the person who places an Order for the supply of Products and who is over the age of 18 years;

"Delivery Address" means the address where the Products are to be delivered, as stated on the Order;

"Delivery Fee" means the fee payable to Spices2Go for delivery of the Products to the Customer's Delivery Address and includes handling and any other costs associated with processing the Order and any re-delivery fees;

"GST" means the Goods and Services Tax;

"Linked Websites" means a link to any other website on the Site;

"Order" means an order by the Customer to purchase Products from Spices2Go;

"Product" means the goods available for purchase by the Customer, included in the Order;

"Product List" means the list of Products displayed on the Site and available for the Customer to purchase;

"Services Areas" means any residential or commercial address located within the Perth Metropolitan region or any other area/s decided by Spices2Go;

"Site" means www.spices2go.com.au;

"Spices2Go" means Spice2go Pty Ltd ACN 647844746 trading as Spices2Go.

 

  1. GENERAL

    1. These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersede all prior discussions, correspondence, negotiations, previous arrangements, understanding or agreement between the parties.

    2. Each party acknowledges that, in entering into these Terms and Conditions, neither party has relied on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

    3. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired, and the offending provision shall be deemed as severed from these Terms and Conditions.

    4. Acceptance of the Order, howsoever, constitutes acceptance of these Terms and Conditions.

    5. No subsequent correspondence, document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is expressed to vary these Terms and Conditions, agreed in writing and signed by Spices2Go.

    6. These Terms and Conditions shall be construed fairly and not to the detriment of Spices2Go merely because they were responsible for their drafting.

    7. The law applicable to these Terms and Conditions shall be the law of Western Australia.

    8. Words importing masculine gender and/or singular number shall where required to be so construed designate and mean feminine and neuter gender and/or plural number.

    9. Reference to a Statute shall include all amendments for the time being in force and any other Statute enacted in substitution for the regulations, by-laws or other orders for the time being made under that Statute.

    10. Headings shall not affect the interpretation of this Deed.

    11. A reference to a "person" shall be deemed to include a reference to a natural person, corporation, trust, partnership or association.

    12. Any reference to currency is the lawful currency of the Commonwealth of Australia.

 

  1. FORMATION OF AGREEMENT

    1. Once the Customer has completed and placed an Order, the Customer will receive an e-mail confirmation from Spices2Go, acknowledging that the Order has been received. This does not mean the Order has been accepted.

    2. An Order will relate only to the Product ordered by the Customer.

    3. Each Order accepted by Spices2Go results in a separate binding Agreement between Spices2Go and the Customer, for the supply of the Products.

    4. For each Order accepted by Spices2Go, the Products will be supplied to the Customer in accordance with these Terms and Conditions.

 

  1. ACCEPTANCE / REJECTION OF AN ORDER

    1. Spices2Go reserves the right to accept or reject any Order for any reason. This includes if the requested Product is not available or if there is an error in the price of the Product, or the Product List on the Site, or in an Order.

    2. The Customer shall receive e-mail confirmation from Spices2Go once an Order has been accepted and confirmed that all products of the Order are available by Spices2Go.

    3. If Spices2Go rejects an Order, the Customer will be notified of that rejection at the time an Order is placed, or within five business days, after an Order is submitted.

    4. The Customer shall not purchase any Products for re-sale to any third party or for trade purposes.

 

  1. CHANGE OF PAYMENT DETAILS

    1. Spices2Go is not liable for any charges incurred by the Customer, as a result of out of date payment information.

    2. Spices2Go reserves the right to seek reimbursement from the Customer for any expenses incurred by Spices2Go due to incorrect payment information, provided by the Customer.

 

  1. PRICE

    1. Spices2Go may from time to time revise the price of any Products or the Delivery Fee and no such notice shall be provided from Spices2Go to the Customer, of any such revisions.

    2. The prices of the Products and the Delivery Fee as quoted on the Site, are current as at the time an Order is placed by the Customer.

    3. Product prices and the Delivery Fee include GST, where applicable.

 

 

  1. PAYMENT

    1. Payment for all Products and the Delivery Fee, must be made by credit or debit card, or any other payment method listed on the Site. Some payment methods may incur additional fees.

    2. Orders will be charged to the Customer's nominated payment method.

    3. Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.

    4. The Customer is responsible for ensuring their accepted payment method details are valid and up to date at the time of placing an Order and payment processing.

    5. The Customer is responsible for ensuring that sufficient funds are available at the time of payment processing.

    6. If Spices2Go is unable to debit the Customer's nominated payment method, the Order shall be rejected.

    7. Spices2Go do not collect or store any payment information.

    8. All payment information is collected and stored by third parties in order to be processed, as required.

    9. All online debit and credit card transactions are performed on the Site, and are through secured payment gateways.

 

  1. REFUNDS

    1. Before Receiving the delivery:

  1. The Customer may modify or cancel any part of or the entirety of the Order in the following circumstances, whichever is to occur first:-

  1. Within 24 hours from the time the Customer has placed the Order; or

  2. At any time prior to the Customer receiving an e-mail of confirmation from Spices2Go that the Order has been dispatched for delivery.

  1. If the Customer wishes to modify or cancel the Order, the Customer must contact Spices2Go by e-mail, telephone or online submission, quoting the Order reference number, and notify the change/s to be made to the Order.

    1. After Receiving the delivery:

  1. If the Customer receives an Order but wishes to return any of the Products of the Order, the Customer must return the Product to Spices2Go within 48 hours from the time of receiving the Order.

  2. Spices2Go will process any refund due to the Customer within 10 business days of the day the returned Product is received by Spices2Go.

  3. The Customer is responsible for the cost of returning the Product to Spices2Go.

  4. The Customer notes that a restocking fee and charge may apply and the Customer shall be responsible for any further charges and costs that may apply and are charged.

    1. Fresh, Frozen and Perishable Products:

  1. If the Customer wishes to modify or cancel any fresh, frozen or perishable Product Orders, the Customer must do so (in accordance with Clause 8.1(b)) before the time of receiving the Order.

  2. The Customer may return any fresh, frozen or perishable Products to the deliverer of the Order, as at the time of delivery, for returning to Spices2Go.

  3. Any fresh, frozen or perishable Products can not be returned or refunded at any other time or for any other reason, than those listed in this Clause 8.3.

    1. If the Customer seeks a refund for any other reason or at any other time than those listed in this Clause 8, the Customer may request a refund by e-mail, telephone or online submission, which Spices2Go will consider each request at their reasonable discretion.

    2. Spices2Go will notify the Customer of such refund request by notice of e-mail, telephone or otherwise, within 10 business days of receiving such request.

 

  1. DELIVERY

    1. General:

  1. Spices2Go will only deliver an Order to a Delivery Address within the Service Areas.

  2. Depending on the location or the time of the delivery, an additional Delivery Fee may apply. This will be communicated to the Customer at the time of placing an Order.

  3. All Orders will be delivered during the course of normal business hours, Monday to Saturday.

  4. Spices2Go shall use its reasonable endeavours to dispatch an Order within five business days, from its acceptance and confirmation of the Order.

    1. Customer Obligations:

  1. The Customer will provide Spices2Go with complete and accurate information in order to fulfill an Order.

  2. The Customer is responsible for selecting a suitable date and / or delivery window for the Order to be delivered, or to make arrangements with Spices2Go for the Order to be collected as at the time the Order is placed.

  3. Spices2Go shall use its reasonable endeavours to deliver the Order at the time selected and specified by the Customer at the time the Order was placed by the Customer.

  4. Changes to the Delivery Address or delivery instructions must be communicated by the Customer to Spices2Go, whether by e-mail, telephone, or online submission, and any request from the Customer to change the Delivery Address or delivery instructions must be communicated to Spices2Go in writing at least 24 hours prior to delivery or before 3pm the day prior to scheduled delivery, and Spices2Go shall be at liberty to charge any additional costs incurred in Delivery Fees for any changes to the Delivery Address or instructions of an Order.

  5. When placing an Order on the Site, the Customer may provide and nominate a specific place for delivery of the Order by Spices2Go and for the Order to be left unattended.

  6. If the Customer elects to leave the Order unattended, the Order shall be deemed to have been successfully delivered once left at the Delivery Address and the Customer shall assume all risk, responsibility and liability as from the time the Order is delivered and no claim against or liability shall be attributable to Spices2Go whatsoever once the Order has been delivered.

  7. If the Customer fails to nominate a specific place for delivery of the Products, and the Customer (or any nominated person) is unable to personally accept the Products, as at the time of delivery, the Order will be returned to Spices2Go and the Customer shall be liable for any return Delivery Fees and further fees and charges may apply.

  8. The Customer shall be responsible to make arrangements with Spices2Go to collect the Order or arrange for alternative delivery arrangements, should the Customer be unable to accept the delivery of the Order, as at the time of delivery, and further charges may apply.

  9. Spices2Go may require the Customer (or any nominated person) accepting the delivery of the Order, to provide proof of identity, including photographic identification.

  10. The Customer must check the Order and Products in the presence of the driver at the time of delivery. Once the Customer (or any nominated person) has accepted delivery of the Products, the Order is deemed complete and no further liability or claims shall be made against Spices2Go.

  11. Spices2Go reserves the right to charge additional fees, at its sole discretion, if the deliverer is delayed whilst making a delivery at the Delivery Address for any reason outside the control of the deliverer, and such delay is attributable to the Customer.

    1. Liability of Spices2Go:

  1. Spices2Go accept no liability or responsibility for any Product, once the Product has been delivered, or collected by the Customer.

  2. Spices2Go will not be held liable for any loss or damage resulting from the Customer's failure to collect the Order from Spices2Go.

  3. Spices2Go accepts no liability or responsibility for any damage or damages that may occur to the Products during the delivery or any attempted delivery of the Products.

  4. Spices2Go accepts no liability or responsibility for incorrectly placed Orders, nor for delivery details which are incorrectly supplied, or which the Customer fails to supply.

  5. If events occur that are beyond the control of Spices2Go and the Order is unable to be delivered on the date of, or during the delivery window nominated by the Customer, Spices2Go will not be liable to the Customer, or any other person, for any such delay.

 

  1. RISK AND TITLE

    1. The Products will be at the risk of the Customer from the time of delivery to the Delivery Address, or in accordance with the Customer's delivery instructions.

    2. If no one is home, Spices2Go will leave the Products in a safe place. Once left in a safe place at the Delivery Address (or in accordance with the delivery instructions) the Products are deemed to have been delivered and Spices2Go is absolved of all further liability in relation to the delivery of the Products.

    3. Ownership of the Products will only pass to the Customer when Spices2Go receives full payment of all sums due in respect of the Products, and Delivery Fee.

 

  1. DISCLAIMERS / LIMITATION OF LIABILITY

    1. Whilst Spices2Go have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an 'as is' and 'as available' basis.

    2. Spices2Go do not make any representation or warranty of any kind, whether express or implied, as to the reliability of any information contained on the Site.

    3. The Customer acknowledges that the Products displayed on the Site are not an exact sample, and are indicative only, and that the Products the Customer receives, may vary from those displayed, according to seasonal availability.

    4. To the extent permitted by law, Spices2Go do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to the Customer's computer system.

    5. The Customer must take their own precautions to ensure that the process employed for accessing the Site does not expose the risk of viruses, malicious computer codes, or other forms of interference, which may damage the Customer's computer system, or any other computer system.

    6. Spices2Go do not warrant and cannot ensure the security of any information which the Customer transmits to Spices2Go. Any information which the Customer transmits to Spices2Go is transmitted at their own risk.

    7. The Customer is responsible for the safekeeping of its username, password, and any other login details to the Site, and the Customer shall be liable if its account is misused by an unauthorised person.

    8. To the extent permitted by law, Spices2Go will not be liable for any loss or profit, loss of revenue, loss of contact, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions.

    9. To the extent permitted by law:-

  1. Spices2Go's total aggregate liability in connection with these Terms and Conditions is limited, at its option, in the case of the supply of Products:

  1. replacement or re-supply of the Products; or

  2. the costs of replacing or re-supplying the Products.

  1. In any event, Spices2Go's total aggregate liability will not exceed the costs paid by the Customer to Spices2Go under the relevant Order.

    1. Spices2Go reserves the right to restrict, suspend, or terminate without notice, the Customer's access to the Site, any content, or any feature of the Site, at any time without notice, and will not be responsible for any loss, cost, damage, or liability that may arise, as a result.

    2. Spices2Go accepts no liability whatsoever to any allergic reaction by a Customer as a result of consuming any Product.

 

  1. LINKED WEBSITES

    1. The Site may contain links to Linked Websites.

    2. Linked Websites are used for convenience only, and may not remain current, or maintained.

    3. Linked Websites shall not be construed as an endorsement, approval, or recommendation by Spices2Go of the owners or operators of those Linked Websites, or of any information, graphics, materials, or services referred to or contained on those Linked Websites, unless and to the extent that Spices2Go stipulates to the contrary.

    4. To the extent permitted by law, Spices2Go accept no responsibility, liability for, and give no warranty, whether express or implied, of any kind in respect of the Linked Websites, and the Customer's use of them, or any products or services made available through Linked Websites.

 

  1. TRANSFER OF RIGHTS AND OBLIGATIONS

    1. These Terms and Conditions are binding on the Customer and Spices2Go and on the parties' respective successors and assignees.

    2. The Customer may not transfer, assign, charge or otherwise dispose of its rights or liabilities, under these Terms and Conditions, or any of its rights or obligations, arising under it, without the prior written consent of Spices2Go.

    3. Spices2Go may transfer, assign, charge, sub-contract or otherwise dispose of any of its rights or obligations under these Terms and Conditions, at any time, without the prior consent of the Customer.

 

  1. INTELLECTUAL PROPERTY RIGHTS

    1. Spices2Go is the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it.

    2. The Customer may download extracts or any pages from the Site for personal reference.

    3. The Customer shall not use any part of Spices2Go's materials for commercial purposes, without first obtaining a license to do so from Spices2Go and its licensors.

 

  1. FORCE MAJEURE EVENTS

    1. Spices2Go shall not be liable or responsible for any failure to perform or delay in performance of any of its obligations under these Terms and Conditions, that is caused by events outside its control.

    2. A force majeure event includes any act, event, non-happening, omission or accident beyond the reasonable control of Spices2Go, and includes, in the particular, the following:

  1. Strikes, lock-outs or other industrial action;

  2. Civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war, or threat or preparation for war;

  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster;

  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of transport;

  5. Impossibility of the use of private or public telecommunications networks;

  6. Epidemic, pandemic or other health emergency (whether declared or not);

  7. The acts, decrees, legislation, regulations or restrictions of any government.

    1. Spices2Go's performance under these Terms and Conditions is deemed to be suspended for the period that the force majeure event continues, and will have an extension of time for performance for the duration of that period.

    2. Spices2Go will use its reasonable endeavours to bring the force majeure event to a close, or to find a solution by which its obligations under these Terms and Conditions may be performed, despite the force majeure event.

 

  1. CUSTOMER WARRANTIES

    1. The Customer warrants to Spices2Go that:-

  1. All information and data provided by the Customer to Spices2Go through the Site (including as part of the customer registration process) or otherwise, is true, accurate, complete and up to date;

  2. The Customer, or the person receiving the Order at the stated Delivery Address is authorised by the Customer to do so;

  3. The Customer has and will comply with all relevant laws relating to its use of the Site and the Products from the Site and its placement of any Order with Spices2Go;

  4. The Customer will promptly notify Spices2Go if it is or becomes aware that there is or has been an unauthorised use of its account or an Order has been made on its behalf, or any other security breach relating to its Order with Spices2Go;

  5. The Customer is responsible and liable for any person that uses its identification or credit card details to make an Order through the Site and it acknowledges and agrees that Spices2Go will charge the Customer for all Products that have been ordered using its credentials through the Site;

  6. The Customer will check the labels on any Product before its consumption or use of the Product;

  7. The Customer will use the Products purchased from the Site in a lawful manner and not for purposes in which they are or were not intended.

    1. The Customer covenants and warrants to Spices2Go, that as a Customer, it will not:-

  1. Use the Products purchased from the Site in a way to harm other humans or animals;

  2. Use the Site for any activities that breach any laws, infringe a third party's rights or are contrary to any relevant standards or codes, or use the Site in a manner or way, or post to or transmit to or via the Site, any material, which interferes with other users or other customers of Spices2Go, or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site, upload, post, e-mail, transmit or otherwise make available any content or use any Products from the Site in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  3. Make fraudulent or speculative enquiries, purchases or requests through the Site or impersonate any person or any entity at any stage;

  4. Use another person's details without their permission or impersonate another person when using the Site;

  5. Tamper with or hinder the operation of the Site;

  6. Knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;

  7. Use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;

  8. Modify, adapt, translate or reverse engineer any portion of the Site;

  9. Remove any copyright, trademark or other proprietary rights or notices contained in or on the Site;

  10. Re-format or frame any portion of the web-pages that are part of the Site;

  11. Create accounts or Orders by automated means or under false or fraudulent pretences;

  12. Use the Site to violate the security of any computer or other network or engage in illegal conduct;

  13. Take any action that imposes or that would, in the reasonable opinion of Spices2Go, result in an unreasonable or disproportionately large-load on Spices2Go's infrastructure;

  14. Use the Site other than in accordance with these Terms and Conditions;

  15. Attempt any of the above acts or engage or facilitate or permit another person to do any of the above acts;

  16. Intentionally or unintentionally violate any applicable local, state, national or international law or use the Products purchased in an unlawful way;

  17. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes whatsoever including without limitation benefit or gain any portion of the Site (including any Products on the Site or the Customer may have ordered from the Site) or use of the Site, or access to the Site.

 

  1. EXPIRATION DATES

    1. The Customer acknowledges and agrees that:-

  1. Spices2Go acquires food and water products directly from manufacturers and / or a number of wholesale distributors;

  2. Although the Products may come with a specified shelf-life from manufacturers or wholesale distributors, the use by date stamped on the Product is diminished and on a countdown from the day it leaves the manufacturer's or distributor's premises;

  3. Most of the Products have to travel from overseas and pass through Customs and Quarantine, which can take some time before they are cleared and become available. The Products are also stored, whether by Spices2Go, the manufacturer or wholesale distributor until they are sold, therefore the actual shelf-life of the Product may be less than the advertised shelf-life of the manufacturer as is labelled on the Product;

  4. In cases where Spices2Go regards a certain item to have a substantial loss of shelf-life, Spices2Go will advertise the Product and the use by date and may apply a discount price to compensate for the reduced shelf-life at its absolute discretion;

  5. Any anecdotal reports by individuals which indicate that some of these Products can be used past their best before dates and still retain their freshness and are perfectly good to consume are personal opinions only and Spices2Go cannot and do not confirm or deny the validity of these reports;

  6. Spices2Go makes no representation as to the actual shelf-life remaining or quality of shelf-life of any Product sold on the Site and Spices2Go assumes no responsibility for any injury, damage or death that may occur as a result of using any Products purchased or consuming Products outside recommended guidelines;

  7. The Customer agrees to assume all responsibility and risk involved for using any food substances or perishable Products purchased from the Site including a review of any Products from allergens or foods to which the Customer or anyone else may have a reaction to.

 

 

 

 

 











 

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