Terms of Sale
Terms and Conditions of Sale
1. These Terms and Conditions of Sale apply to every sale of products by Frucor Suntory (Australia) Pty Ltd (“Frucor”) to a customer (“Customer”) unless the Customer is otherwise party to an existing Sales Agreement between it and Frucor.
2. All orders are made or given subject to these Terms and Conditions of Sale (“Terms”).
3. Frucor reserves the right to accept or reject the Customer’s order for any reason, including if any requested products are not available, if there is an error in the price or the description of the products, or an error in the order. Each order placed by the Customer for products from Frucor that is accepted by Frucor results in a separate binding agreement between the Customer and Frucor for the supply of those products.
4. Frucor reserves the right to cancel any order if it has reasonable grounds to do so. If an order is cancelled, Frucor will notify the affected Customer as soon as possible, and will provide the Customer with a full refund of the amount the Customer paid for the order.
5. A request by a Customer to cancel or vary an order that has been accepted by Frucor will be approved at the sole discretion of Frucor, on such terms as Frucor may specify, acting reasonably. Frucor reserves the right to charge the Customer for any costs or losses incurred by Frucor relating to an order which is cancelled or varied up to and including the date on which cancellation or variation is accepted by Frucor.
6. By placing a subscription order, you are subscribing to a recurring delivery service (every week, every two weeks or every month) until one of the parties decides to terminate this subscription. You acknowledge that this offer commits you to a regular payment and you authorise us to debit the corresponding sum automatically.
Contact us (email@example.com) to change or cancel your subscription. The cancellation, change of bank card and address requests shall be taken into account immediately if they are made by 23:59 on the day before your next billing date. However, if these modification requests are made on the planned billing day, or the following days, they will only be effective for the next shipment.
Your billing date is determined by the dispatch of your previous subscription order. Each subscription is classed as a single sales contract for regular delivery of goods.
7. References to amounts owing to Frucor for products, and payment in respect thereof, include all taxes and imposts authorised, charged or chargeable by any statute, federal, state or local government or regulatory authority in respect of such products levied from time to time, including but not limited to Goods and Services Tax (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), and includes any additional tax, penalty, fine, interest or other charge relating to GST).
8. All prices are in Australian dollars and are inclusive of GST, unless otherwise stated. Frucor will charge, and the Customer agrees to pay, in relation to each order, the delivery charges set out on the website (store.suntorybosscoffee.com.au) and which Frucor will advise to the Customer at the time of placing an order. The Customer’s payment is subject to the user terms of our payment gateway provider, Stripe Payments Australia Pty Ltd A.C.N. 160 180 343, https://stripe.com/au/
9. Payment for any products can be made through PayPal or via a VISA or Mastercard. The Customer acknowledges that its use of the PayPal service will be subject to relevant PayPal terms and conditions, and that Frucor has no control over the PayPal service.
10. The name of our fulfilment partner (“The Consortium Clemenger”) will appear on the Customer’s bank statement in respect of any subscription payments made to Frucor. Standard payments (that are not subscriptions) will appear on the Customer's bank statement as "Suntory BOSS Coffee".
11. Frucor will only deliver orders to Australian street addresses. Frucor will not deliver to PO Boxes, AFOI, PMO or Locked Bags.
12. It is the Customer’s responsibility to ensure that the address it provides for delivery is correct, and is a valid address for delivery. Frucor will not be responsible for any delivery errors, or failure to deliver, that arise as a result of a Customer submitting incorrect, invalid or incomplete delivery details. The Customer will be solely responsible for all costs, losses and expenses that arise from a failure to provide a correct, valid or complete delivery address.
13. We recommend that the delivery address has someone present during working hours to receive the delivery and acknowledge receipt. Frucor is not required to verify the identity or authority of any person who receives the delivery, and receipt of the order by a person at the delivery address will be deemed to be a completed delivery. In the event that there is nobody present to receive the delivery at the time delivery is attempted the order will be left in a safe place (as close to the front door as possible), at which time Frucor will deem that the package has been delivered.
14. Frucor will use reasonable endeavours to deliver orders within 4 working days of the order being placed for metro deliveries and regional locations may take up to 10 working days. All customers will be notified by email when the order has been dispatched, and a delivery tracking link will be provided. Orders may be processed and delivered at any time between 8am and 6pm, Monday to Saturday, excluding public holidays. Frucor cannot guarantee transit days and will not be liable for any losses, expenses or costs incurred due to late or failed deliveries. Some street addresses in remote areas may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.
15. If the Customer refuses to accept delivery of any products which it orders, the products will be considered to have been delivered when Frucor was willing and able to deliver the products and Frucor may charge the Customer for any additional costs incurred as a result, including storage, insurance and transportation costs.
LIMITATION OF LIABILITY AND INDEMNITY
16. Subject to any rights or remedies which arise under the Competition and Consumer Act 2010 (Cth) or any other Federal, State or Territory laws which may not be excluded, where any right or remedy may be excluded or limited, Frucor hereby excludes all such rights or remedies and limits its liability under such rights or remedies which are not capable of exclusion to the maximum extent permitted by law.
17. Except as required by law:
a. Frucor will not recognise claims which are not received within 72 hours of the time of delivery of any products to or at the direction of the Customer;
b. As every care is used in the packaging of products, no responsibility is taken for any loss or damage which occurs in transit;
c. No warranty, condition, undertaking, express or implied, statutory or otherwise as to the condition, quality, performance, merchantability or fitness for purpose of the products is given or assumed and all such warranties, conditions, undertakings and terms are hereby excluded;
d. Frucor and its agents shall not be liable for loss of profits, damage to goodwill or contracts or loss of use or for any special, indirect or consequential or economic loss whether arising out of or in connection with the products or these Terms (including as a result of not being able to use or resell the products or the late supply of the products whether at common law, from negligence, breach of contract or in equity or of statutory duty or otherwise;
18. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (ACL) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL:
(a) Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law.
(b) You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
(c) 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.
19. If any products purchased by a Customer are alleged to be damaged, defective, incorrect or otherwise not what was ordered, please contact us as soon as possible on firstname.lastname@example.org. If a complaint of this nature is made, Frucor may request that the affected Customer provides a photograph of the products they received, or may request that the products be returned to Frucor for inspection.
20. To the extent permitted by law, Frucor’s total liability arising out of or in connection with the products, the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by the Customer for the purchase of products under these Terms.
21. Where by law Frucor is unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law Frucor limits its liability for any breach, at its option, to the replacement of products, or payment of the cost of replacing the products.
TITLE AND RISK
22. Title to, and risk in, the products shall pass at the time of delivery by Frucor, including deemed delivery as set out in these terms of sale.
These Terms and Conditions were last updated on 22 April 2020