These Terms pertain to the use of www.padrecoffee.com.au 'the website' and the purchase of any goods from it.
TERMS AND CONDITIONS OF USING THE WEBSITE
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.
Accepted forms of payment include the following:
Online: Visa & Mastercard
Bank Transfer: Allow 48 hours for funds to clear
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.auis secured using Secure Sockets Layer (SSL) security through GEOTRUST, 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.
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.
PROMOTIONS AND COMPETITIONS
Other Terms and Conditions not listed herein and applying to Padre Coffee promotions and competitions are incorporated into these terms and conditions. Should you object to any of these Terms and Conditions (including any subsequent amendments) you must immediately discontinue using this website.
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.
DELIVERY, RETURNS & EXCHANGES
Shipping costs are stated during the checkout procedure, and we deliver Australia wide.
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with delivery companies who we believe will do their best to deliver products by the estimated delivery date.
PARCEL DOES NOT ARRIVE
It is the responsibility of the customer to inform Padre Coffee if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the delivery company to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched solely at our discretion.
As a guide only, our couriers attempt to deliver to business or home addresses Mon-Fri between 9am and 4pm. Unfortunately, we are unable to give you a guaranteed time of delivery, therefore if you're unable to be at home all day when expecting a delivery, please advise an alternative address that is occupied the entire day.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery, you agree that a late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
CUSTOMER SERVICE POLICY
Once an order has been received, we will email a confirmation that the order has been placed. If goods are for any reason unavailable or out of stock, or there will be a delay in despatch, we will advise by email within one (1) business day.
RETURNS AND EXCHANGES POLICY
Returns and exchanges requested within 7 days of delivery will be at the customers expense.
HOW TO PROCEED IF YOU WISH TO RETURN OR EXCHANGE
In order to facilitate the return of your item you must mail us at email@example.com within 7 days of receiving your order. We require that all goods must be returned within 7 days of the date you advise of the intended return.
Exchanges received outside the above time frames are also subject to product availability and the customer will incur any shipping costs for such exchanges. Items received outside the above time frames will be accepted or otherwise at the discretion of Padre Coffee. Any further returns of exchanged items outside the stated timeframe above will again be at the customers cost for shipping and items will be refunded as a store credit.
The return of any stock must include the following information customer name, address, invoice number, claim amount, reasons for return and a RETURN AUTHORISATION NUMBER which you will be given when you contact us to request a return.
Please note that we do not accept liability for returned goods if you do not return them to us via Australia Post's Registered Post service or a signed courier.
Padre Coffee will not accept returns for any non-faulty items that have been used and without original packaging. Upon receipt of an order, if any item has been received without packaging, the customer should notify us (by email) on the same day if they wish to return or exchange.
HOW TO PROCEED IF YOU WISH TO RETURN FAULTY GOODS
In order to facilitate the return of faulty items you must email us at firstname.lastname@example.org and follow the standard returns process as detailed above.
Padre Coffee guarantees the following:
(a) We guarantee that all our products are free from manufacturing defects in materials and workmanship;
(b) We guarantee that our goods are fit for the purposes for which they are supplied;
(c) We guarantee that all goods supplied by us are of merchantable quality;
(d) We guarantee to repair or replace in the case of a manufacturers defect within 1 month of receipt of return to us.
Please note that we will not accept returns in any of the following circumstances:
Consumer returns where there is no evident manufacturers defect;
Damage from accident;
Damage from misuse;
Damage from failure to take proper care of items;
Damage that can reasonably attributed to wear and tear.
Please note that for any non-faulty items returned we issue a credit note and not a refund.
Faulty items will only be accepted if the goods are delivered to the customer in a damaged condition or there is a subsequent manufacturing fault notified by you to us within a period of 7 days from the date delivery. All items returned as faulty will be inspected and any items deemed to have been damaged by fair wear and tear will not be accepted as faulty. Items received outside the above time frames are accepted at the discretion of Padre Coffee.
We will give a full refund on any faulty items subject to the terms outlined above. This refund may be paid to the customer via bank transfer or credit card refund.
Exchanges are possible if the item is available. We can only exchange faulty items for the same product, or at our discretion an equivalent product. If you wish to exchange, please make your request clear when you email us about the fault.
Where possible items may be repaired but only where such items are deemed faulty and suitable for repair. Repaired items are shipped free of charge to you if the product is deemed faulty.
We strongly advise all customers to check items thoroughly upon delivery before removing any original packaging and before disposing of any original packaging.
Please note that we do not accept liability for returned goods if you do not return them to us via Australia Posts' Registered Post service or signed courier.
RECEIVING A REFUND
Credit Notes will be issued within 7 days of products being returned, which can be used against future purchases at www.padrecoffee.com.au. Credit notes issued expire 6 months from date of issue.
Please be aware that international customs duties and sales taxes are NOT refunded for shipments outside Australia.
Refunds for faulty items will be made within 30 days of the date of return. All undamaged, correctly returned products will be credited to the customer's bank account or credit card including GST for all Australian shipments excluding shipping charges.
If you have received an item from Padre Coffee as a gift you can return it in exchange for a credit voucher for a replacement Padre Coffee. This allows you to exchange your unwanted gift for another item of the same value by using this credit to place a new order online. Please be aware that you will be required to pay any difference in cost and any additional shipping, taxes and import duties, including return shipping. This offer only applies to unopened and unused items.
RETURNS POLICY FOR ITEMS ON SALE
Padre Coffee will not exchange / refund on sale items, however we may at our discretion offer a credit note. We request that all goods are returned within 7 days of the date of delivery if credit has been approved.
Any items returned outside this time frame are accepted at the discretion of Padre Coffee.