TERMS AND CONDITIONS
These terms pertain to the use of www.padrecoffee.com.au 'the website' and the purchase of any goods from it.
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms of Sale"). Padre Coffee reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time. We will not be providing notice to you, so please review these regularly. By using the website, you acknowledge that you have read and understood these Terms.
LIMITATION OF LIABILITY
Any liability of Padre Coffee in connection with goods or services supplied by us to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Padre Coffee limited to:
1. In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
The information contained on the website is provided in good faith. To the best of Padre Coffee's knowledge, the information is accurate, current and honest. However, Padre Coffee and its staff do not make any representation or warranty as to the accuracy or completeness of all the information.
To the fullest extent permitted by law, Padre Coffee disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Padre Coffee will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
All prices shown on the website are in Australian Dollars (AUD$) and include GST (apart from exempt products).
All information submitted to www.padrecoffee.com.au is secured using Secure Sockets Layer (SSL) security through TRUSTWAVE, at 128-bit or greater encryption. If your web browser supports visual identification of this system, a padlock will be shown in the address bar or header.
Information acquired on the website is protected by state-of-the-art encryption and firewall technology.
The website pictures and copyright in the website is property of Padre Coffee. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Padre Coffee and third parties. This property may only be used for the purposes of browsing the website and acquiring goods and services of Padre Coffee.
If you purchase goods and services from Padre Coffee or create a membership account with us, we may require you to provide your name, address, email address or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Padre Coffee with current, complete and accurate customer information when asked to do so by the website or an employee of Padre Coffee.
All care is taken to ensure that the website and data transmissions are free from viruses. However, it is your responsibility to scan any data or websites for viruses.
At Padre Coffee, we would like to assure you that we take your information and privacy very seriously. Please refer to our Privacy Notice for further information.
A Padre Coffee member may not have more than one active membership, whether this is by a different name, email address, or an alias. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as Gift Vouchers / Gift Certificates, promotional benefits and discounts and the total value of these benefits.
Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
As an Padre Coffee member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.
Prices of goods and services, postage and handling fees, and other charges displayed on the website are current at the time of display. These prices are subject to change without notice.
While there is not likely to be discrepancies with product descriptions and pricing, we are unable to warrant that product descriptions or other content of the website is provided accurately, current or error free upon its addition to the website.
PLACING AND ACCEPTING ORDERS
Orders will not be dispatched until payment in full has been received and Padre Coffee is satisfied with the integrity of the order.
Please note Padre Coffee is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer from yourself to enter into an agreement with us. We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
CUSTOMER SERVICE POLICY
Once an order has been received, we will send confirmation by email to the address provided that the order has been placed. If goods are for any reason unavailable or out of stock, payment has not been made or there will be a delay in dispatch, we will advise by telephone or email within one (1) business day.
CANCELLATION BY US
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms of Sale herein, we will not be held liable for loss or damage arising from the exercising of these rights.
CANCELLATION BY YOU
If you need to cancel an order, please contact us immediately on firstname.lastname@example.org. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
RELEASE AND INDEMNITY
You agree to waive any and all claims that you now have or may have in the future against Padre Coffee which relate to or are incidental to any transaction.
You agree to indemnify and hold Padre Coffee harmless from and against any and all claims, loss or expense that may be incurred by Padre Coffee which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Padre Coffee harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.