These terms and conditions (Terms) are for use of our website at www.coffeehit.com.au (Website)
Coffee Hit Enterprises Pty Ltd ACN 139 150 066 the Coffee Hit Unit Trust (Coffee Hit) is the owner and operator of this Website.
These Terms govern the use of this Website. By accessing and using this Website (other than to review the Terms) you confirm your acceptance of the Terms, and you agree to use the Website only in accordance with the Terms, as they exist at the time of use.
Coffee Hit may vary the Terms at any time, without notice to you, by displaying the amended Terms on this Website. You should review the Terms each time you use the Website. You will be deemed to accept amended Terms if you continue to use the Website following the amended Terms being displayed on the Website (other than use to review those amended Terms).
Products are offered for sale on the Website only to users who are at least 18 years of age, able to enter into legally binding contracts, reside (and nominate a delivery address) in Australia and who hold a Coffee Hit Account.
If you wish to place an order for delivery outside of Australia please contact Coffee Hit by email at email@example.com
The details you provide for your Coffee Hit Account must be true and accurate. You must notify us of any changes to those details.
You must keep your Coffee Hit Account username and password secure at all times. You must not provide your Coffee Hit Account details to any person or otherwise permit any other person to access or use your Coffee Hit Account.
You are liable for all communication sent and orders placed using your Coffee Hit Account.
All prices stated on the Website are in Australian Dollars (AUD) and inclusive of GST. Additional charges will apply for delivery as notified to you as part of the order process.
Coffee Hit reserves the right to change the product prices and delivery charges at any time. Such changes will not apply to orders that have already been accepted by Coffee Hit.
To place an order, select the products and quantities you require and follow the prompts to finalise the order including payment. By clicking the 'Order' button at the end of the process you will place the order and agree that the order content (including, without limitation, the type, quantity, price, postage and delivery costs and timing) is correct and that the order is subject to these Terms without exception.
Payment is accepted by credit card only using VISA or Mastercard. If your payment is declined or is not received within two business days your order will be cancelled.
You cannot vary or cancel placed orders.
Coffee Hit's acceptance of your order will be subject to these Terms. Coffee Hit reserves the right to refuse part or all of any order placed by you.
If the product quantities you order are not available for dispatch at the time of your order, your delivery may be delayed while further products are sourced, you will be notified of this. In the unlikely event that we are unable to source the required quantity, we will supply you with the available quantity and refund the amount you have paid in respect of the shortfall.
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information. In these circumstances we reserve the right to cancel your order and refund any amounts that you have paid.
Delivery is free for all orders over $100.
The delivery charge is $9 if the order weighs under 500 grams. If the order is 500 grams or over the delivery charge will be $11 for delivery in NSW, VIC and QLD; $12 for delivery in ACT and SA; $15 for delivery in WA; $16 for delivery in TAS; and $22 for delivery in NT.
Allow 3-5 business days for delivery of all orders within Australia. These delivery times are not guaranteed. We will endeavour to deliver your orders on the date requested, but do not warrant that this will occur.
All deliveries are subject to these Terms.
When placing your order you may request the order to be delivered without requiring your signature on delivery. By making this request you acknowledge and agree that delivery will be at your risk and that Coffee Hit will not be liable if the order is damaged or goes missing.
If your order is returned to Coffee Hit due to an incorrect or incomplete delivery address we may contact you to confirm the correct address. You will be liable for all additional delivery charges incurred in the return and re-delivery of your order. You must pay these charges to Coffee Hit as invoiced prior to re-delivery. Title of the products within your order will not pass to you until we have received payment in full.
We will provide an exchange if your ordered product is damaged or faulty at the time of delivery. If the product is no longer available we will provide a refund.
Our products 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.
To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services from your use of the Website.
If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits Coffee Hit to limit its liability, Coffee Hit's liability will be limited to:
In the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
To the fullest extent possible and subject to Coffee Hit's liabilities and obligations under the ACL:
Coffee Hit does not warrant the accuracy or completeness of the Website content, and the Website content is provided on an 'as is' basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk; Coffee Hit will have no liability in relation to any loss or damage that you incur arising from your use of the Website or linked third party websites (including damage to your software or hardware, corruption of data, loss of data, any error, suspension or discontinuance of the Website or transmissions by any user in contravention of these Terms); and Coffee Hit does not warrant that your access to the Website or any part of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system.
You indemnify Coffee Hit and its related entities and each of their directors, officers, employees and agents (the indemnified) against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of the indemnified incur directly or indirectly arising from your use of the Website or any breach of these Terms by you.
No data transmitted over the Internet is secure.
Coffee Hit takes reasonable steps to protect the data you transmit using the Website (including using a payment system that is compatible with Secure Sockets Layer (SSL) standards, and conducting online purchases with our payment processing authority using 128 bit SSL encryption) but Coffee Hit does not warrant, and cannot ensure, the security of that data.
You transmit data using the Website entirely at your own risk.
We will provide your credit card details to our financial institution to process your order. We will not retain your credit card details once your order is dispatched.
Coffee Hit owns all copyright and other intellectual property rights in the Website (including in all underlying source code) and in the content of the Website, unless otherwise stated. Users do not obtain any interest in that intellectual property.
Except as permitted under the Copyright Act 1968 (Cth) or any other applicable law in your location, you must not copy, adapt, reproduce, publish or distribute content found on this Website (including, but not limited to text, logos, graphics, sound or images) in any form without prior written permission from Coffee Hit. You must not frame any of the content of the Website or incorporate it into another Website.
You may download and view content or print a copy of material on this Website for your personal, non-commercial use or use within your organisation for non-commercial purposes, provided that you do not modify the content in any way (including any copyright notice).
The Website includes logos and trade marks owned by Coffee Hit, and may from time to time include logos and trade marks owned by third parties. You do not have any license or right to use any logo or trade mark displayed on the Website, without the express written consent of the relevant owner, and nothing in these Terms or on the Website should be construed as providing such consent.
This Website may include links to third party websites.
These may not remain current or be maintained.
The inclusion of such links does not indicate any relationship between Coffee Hit and that third party, and should not be construed as an endorsement of any information contained, or any products or services offered for sale, on that third party website. Your use of such links to third party websites is entirely at your own risk.
Any third party content displayed on this Website is subject to that third party's terms and conditions and nothing in these Terms or on the Website grants or should be interpreted to grant any licence or other right for you to use such content.
You must not use the Website for any unlawful purpose.
You must not impersonate another person when using this Website. You warrant that all communications and information provided by you using this Website are not fraudulent or defamatory, and will not otherwise infringe any law. You further warrant that Coffee Hit's use of that information in accordance with these Terms will not infringe the rights of any third party.
You must not attempt to, or actually, interfere with the working of the Website, gain unauthorised access to any part of the Website, or otherwise breach or circumvent any security or authentication measures of the Website or any other system, network or server connected to the Website.
Coffee Hit may terminate your access to the Website at any time without notice.
If any part of these Terms is held to be unenforceable, the remainder of these Terms will continue in full force.
These Terms are governed by the laws in force in Victoria, Australia. You agree to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.
Clauses 4, 9, 10, 11, 13 and 15 of these Terms survive termination or expiry of these Terms.
If you have any questions or comments regarding the Website, these Terms or our products please contact us at firstname.lastname@example.org or addressed to:
Online Sales Enquiries
Coffee Hit Enterprises
16 River St
Richmond VIC 3121
ABN 25 600 033 654
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