Terms and Conditions of Sale
In these terms:
Australian Consumer Law means Schedule 2 The Australian Consumer Law, of the Competition and Consumer Act 2010 (Cth).
Goods means any goods provided by Vittoria to you.
GST means the same as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Price means the price of the Goods as displayed on the Website, and as varied by Vittoria from time to time.
Terms of Sale means these terms and conditions of sale.
You means a registered member or guest of the Website(s) purchasing Goods and Services from Vittoria which are governed by these terms and conditions.
Vittoria means Cantarella Bros Pty Limited (ABN 68 000 095 607) trading as Vittoria Food & Beverage and its officers, employees and agents.
Website means any website operated by Vittoria.
- Acceptance of these Terms of Sale
2.1 Each time you purchase Goods from Vittoria using the Website(s); you agree that these Terms of Sale will govern that transaction to the exclusion of all other conditions. If you have entered into a separate agreement for the supply of Goods with Vittoria, these Terms of Sale will prevail to the extent of your online order.
2.3 Vittoria reserves the right to modify these Terms of Sale from time to time by posting an updated version on the Website(s). Vitoria encourages you to check these Terms of Sale regularly.
- Placing Orders, Acceptance or Rejection
3.2 You acknowledge that Goods on the Website(s) are available for purchase only within Australia (or within nominated states of Australia, as elected by Vittoria from time to time).
3.3 In order to purchase Goods from the Website(s), the delivery address you nominate must be within a suburb where Vittoria provides delivery (in Vittoria’s absolute discretion). At any time, if an order contains a delivery address and suburb that are not within Vittoria’s delivery area, the order will not be processed.
3.4 You acknowledge that certain Goods may have a minimum order quantity.
3.5 An order placed through the Website(s) is an offer to purchase the specific Good(s) for the Price (plus any delivery charges and other applicable taxes), at the time you place the order.
3.6 You warrant that the information provided in the details of your order are accurate and complete. You acknowledge that you may be asked to confirm your order details, when placing an order.
3.7 Your order becomes effective upon successful transmission after you press “Submit Payment” on the Website(s). You cannot cancel, or otherwise change the order after that time. You will receive an email confirming the placement of your order, to your nominated email address.
3.8 We reserve the right to accept or reject any order placed by you for any reason, including but not limited to the unavailability of Goods, and error in the Price of the Goods, or an error in your order. Vittoria will have been deemed to accept an order if Vittoria fails to reject an order within 15 business days of the receipt of the order.
3.9 If we reject an order, we will notify you within a reasonable amount of time, and will arrange for a full refund of any payment made by you within a reasonable amount of time.
3.10 You acknowledge that you are not permitted to purchase any Goods from the Website(s) for resale to a third party or for trade purposes. If Vittoria is concerned with the quantity of product within an order, we may contact you after you submit your order, and you acknowledge that Vittoria may reject your order in accordance with clauses 3.8 and 3.9 above.
4.1 Payment must be made by credit card only (MasterCard and Visa Debit/Credit Card only) and via the Westpac Secure Gateway facilities accessible via the Website(s), and will be subject to the terms and conditions of that provider.
4.2 If we cannot accept payment from your credit card the order will not be processed and you will not be contacted.
4.3 You authorize Vittoria to debit the amount that is payable for your order from your nominated credit card.
4.4 You must not pay, or attempt to pay, for the Goods through fraudulent or unlawful means.
4.5 You will receive a tax invoice by email once payment in respect of your order has been processed.
5.1 Prices shown on the Website(s) are in Australian Dollars and include GST where applicable. You may also be charged a delivery fee (which may also include GST where applicable).
5.2 Prices are subject to change, in Vittoria’s absolute discretion, and without notice to you.
6 Risk, Title, Delivery
6.1 Title and risk in the Goods passes to you on delivery.
6.2 Your order will be delivered via Australia Post’s standard delivery service. Our delivery terms are stated within our Delivery Policy, as published on this Website(s). That policy is incorporated into this Terms of Sale, and may be changed from time to time without notice to you.
6.3 You may be charged a delivery fee, as set out in our Delivery Policy.
7 Availability of Goods
7.1 You acknowledge and agree that the Goods on the Website(s) may be out of stock or unavailable, and Vittoria will not be able to fulfill your order or part of your order. Vittoria may elect to contact you within five (5) business days to either arrange a full or partial refund, or change your order to replace a particular item with another good, as agreed by you, or in accordance with some other arrangement agreeable to you. Otherwise, Vittoria will, at its discretion, cancel your order and arrange a full refund for any Good unavailable.
7.2 We reserve the right to withdraw or otherwise suspend any Good on the Website(s), either temporarily or permanently, at any time and without notice to you.
8 Returns Policy and Refunds
8.1 Vittoria’s Returns Policy applies to all purchases of Goods, and forms part of these Terms of Sale. Our Returns Policy is in addition to, but does not affect, any rights you are entitled to under Australian Consumer Law.
8.2 Any refunds of Goods, in the circumstances provided under these Terms of Sale or otherwise under your rights under Australian Consumer Law, will be credited to the card you nominated for use in payment for your order.
9 Warranty and Liability
9.1 Our Goods 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.
9.2 Subject to your rights under the Australian Consumer law which cannot be excluded, to the fullest extent permitted by law,
(a) We exclude all implied terms and warranties whether statutory or otherwise, relating to the Website(s), Goods or the subject matter of these Terms of Sale;
(b) We exclude and disclaim all warranties, express or implied as to the accuracy, reliability, timeliness or otherwise of any information contained in or referred to on the Website(s) and/or any linked sites;
(c) Any liability of Vittoria in relation to a breach by us of any express or implied warranties in respect of the Goods, will be limited at our election to the replacement of the Goods, or supplying an equivalent Goods;
(d) We are not liable under to you for any indirect, special, economic or consequential loss or damage, or any loss of revenue, profits, goodwill, data, opportunities or anticipated savings, arising out of or in connection with the Website(s), these Terms of Sale or with your use of or access to the Website(s) (including the installation, downloading, use or performance of any software related to the Website(s))
(e) Our liability to you for loss or damage of any kind arising out of these Terms of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
10.1 Vittoria may immediately terminate your access to and use of the Website(s) (and cancel your membership of the Website(s)), at any time, without notice to you, and for any reason whatsoever, including but not limited to a breach or suspected breach by you of these Terms of Sale, or your use or attempted use of the Website(s) in an unlawful or fraudulent manner.
10.2 If Vittoria effects a termination in accordance with clause 10.1, any orders which have been accepted will not be affected, and will be supplied to you in accordance with these Terms of Sale.
10.3 You may terminate your account with the Website(s) at any time, and without notice to Vittoria.
11.1 Vittoria may provide you notice by electronic mail (email), to your nominated account email address. You may provide notice to firstname.lastname@example.org . An email sent by a party it will be deemed to be received by the other party at the time that it is sent provided no error message is received (unless sent outside of normal business hours, in which case it will be deemed to be received at the beginning of the next business day).
11.2 If any part of these Terms of Sale is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Sale and the severed part will not affect the validity and enforceability of any remaining parts.
11.3 The laws of New South Wales, Australia govern these Terms of Sale.