GENERAL WEBSITE TERMS
These terms and conditions (WebsiteTerms) are between you and Monista Tea Co Pty Ltd (ABN 69 621 516 747)(we, us, our) and govern your use of our website located at www.monista.com.au(Website). By accessing and using this Website you agree to be bound by and abide by these Website Terms.
In addition to these Sale Terms, your use of our website is subject to:
- Information on this Website
All information set out on our Website (Information) is provided for general information purposes only and we make no warranty about the accuracy, completeness, reliability or timeliness of the Information.
The Website may be accessed from outside Australia. We make no representation that the Information or Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
- Ownership of Content
Unless otherwise indicated, we own the copyright and all other intellectual property rights in the text, graphics, videos, information, designs, data and other content (Content) on this Website. While you may browse or print the Content for non-commercial, personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website for any other purpose. All trade marks appearing on this Website belong to their respective owners.
- Links to other websites
This Website may contain links to third party sites (Links) over which we have no control. These Website Terms do not apply to third party sites and you should review the terms and conditions of the applicable website before using that website.
We make no representations or warranties as to, and we are not responsible for, the accuracy or any other aspect of the information on any linked third party website. The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.
Links are provided for your convenience only. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any losses suffered by you or anyone else in connection with any Link.
- Non-excludable Obligations
To the extent that you acquire goods or services from us as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010(Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.Nothing in these Website Terms operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010(Cth)) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations). Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these Website Terms.
Your use of, and reliance on, this Website (including all Content) is entirely at your own risk.
Except in relation to Non-excludable Obligations, we have no liability whatsoever to you (including because of our negligence) for any type of direct or indirect loss incurred by you or anyone else under or in connection with this Website (including any Content), however incurred, including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).
- Changes to Website Terms
We may change these Website Terms at any time without notice to you. You agree to be bound by the changed terms if you use this Website after the terms have changed.
- Governing law
These Website Terms are governed by the law of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
These terms and conditions (Sale Terms) govern the relationship between you and Monista Tea Co Pty Ltd (ABN 69 621 516 747) (we, us, our) in relation to your access to and use of the online store on our website at www.monista.com.au(Website). By registering your account on the Website or placing order to purchase goods on our Website, you agree to be bound by and abide by these Sale Terms.
- The Services
The service (Service) comprises the online store facility on our Website, through which you can purchase (each, an Order) certain goods (Products). Subject to you complying with these Sale Terms, we will provide the Service to you as set out in these Sale Terms.
In addition to these Sale Terms, your use of the Service is subject to:
To the extent of any inconsistency between the Sale Terms and the Website Terms, the Sale Terms will prevail.
- Risks of using the Service
The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
- Information on the Website
- All of the information set out on our Website (Information), including information relating to Products is provided for general information purposes only. Images of Products on our Website are for illustrative purposes; actual products may differ from such images.
- The Service may be accessed from outside Australia.We make no representation that the Information or Service complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Service from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
Our loose leaf tea Products are blended and packaged by us, and as a consequence, batches of a Product may differ slightly from one another.
- Product storage and best before date
Our Products may include ingredients with a limited shelf life. Where a best before date is listed on a Product, or a Product includes directions for its safe storage and handling, you must not use the Product after the best before date and you must store and handle the Product in accordance with the applicable directions. We will have no liability for any use of a Product after its best before date, or use other than in accordance with any storage and handling directions. While the quality of most of our Products will not be affected by the delivery process, we cannot be responsible for any failure by the shipping carrier to store or handle a Product in accordance with the applicable directions during the delivery process. If you have any questions or concerns about the effect of delivery on a Product, please contact us prior to placing your Order.
Products displayed on the Website constitute an invitation to treat. No Information on the Website constitutes, nor should be deemed as, an offer by us to supply any Products. If you wish to enquire about a Product which is not currently in stock, please contact us prior to placing your Order. We are not obliged to supply any Product and we are not liable if a Product is not in stock or is unavailable.
You may order Products by selecting and submitting your Order through the Website in accordance with these Sale Terms.In order to submit an Order, you will need to take the following steps:
- you must add any Products you wish to purchase to your shopping cart, and then proceed to the checkout;
- if you are a new customer, you have the option to create an account (Account) or checkout as a guest; if you are an existing customer, you may be asked to enter your login details for your Account;
- once you are logged in, you may be asked to select your preferred method of delivery and confirm your Order and your consent to these Sale Terms; and
- you will be transferred to the PayPal website, and PayPal will handle your payment.
If you place an Order for someone else to receive the Products you must obtain their consent before providing us with their personal information and, by placing an Order, you confirm to us that you have done this.
You acknowledge that all Products that you Order are intended for personal, domestic, non-commercial use only.
By submitting an Order, you offer to purchase each Product in your shopping cart at the price set out on the Website (and pay the delivery and other charges and taxes notified) at the time you place the Order and in accordance with these Sale Terms.
We reserve the right, at any time after receipt of an Order and without prior notice to you, to accept or reject your Order for any reason, including if the requested Product is not available, if payment for your Order has not cleared, if there is an error in the price or the Product description posted on the Website, there is an error in your Order, or the Order is for commercial quantities of Product. If you wish to order commercial quantities of Product please contact firstname.lastname@example.org.
Your offer is only accepted when you receive an email from us confirming that we have despatched your Order for shipping.
Each Order placed for Products through the Website that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these Sale Terms.
If we reject an Order placed through the Website, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. Your offer is only accepted when you receive an email from us confirming that we have despatched your Order for shipping.
- Shipment of Orders
- Products the subject of an accepted Order will generally only be shipped to addresses within Australia. We may, in our absolute discretion, agree to accept Orders for Products for shipping outside Australia but we are under no obligation to do so.
- We will arrange for the Products in an Order that we have accepted to be shipped by a shipping carrier to the address for delivery indicated in your Order.
- We will endeavour to despatch most Orders within two business days (ie days that are not Saturdays, Sundays or public holidays) of accepting your Order.
- We will notify you using the email address provided in your Account when your Order has been despatched for shipping, or if there are any delays in despatching any Products in your Order for shipping.
- We take no responsibility for delivery times in shipping your Order and will not provide any refund or discount on your Order or delivery charges for late deliveries. If the Website provides information on shipping timelines, or any such shipping timeline is given at the time of placing your Order, or in an email from us confirming that we have despatched your Order for shipping, such timeline is indicative only based on information provided by our contracted shipping carrier and is not a guaranteed delivery time. For remote and regional areas, these timelines may be for delivery to post offices or postal agencies only and additional time may be incurred in delivery to the final destination. We are not liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Products the subject of an accepted Order.
- Risk and title
Where Products the subject of your Order are shipped, risk and title in the Products passes to you on the later of:
- the date and time of delivery of the Products by us to the shipping carrier; and
- payment for the Products.
- Pricing and payment
- The purchase price of each Product is shown on the product list on the Website at the time you place your Order.
- We will charge you, and you agree to pay, on submission of your Order, the purchase price of each Product that is ordered.
- In addition to the purchase price of the Products, you may have to pay, on submission of your Order, a delivery charge (Delivery Charge), which will be as stated when you pay for the Product.
- In addition to the purchase price for the Products and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our contracted shipping carrier does not provide a door-to-door service (Additional Delivery Charge). If we agree to ship Products in your Order outside of Australia, international delivery charges will apply (International Delivery Charges). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge or International Delivery Charges will apply we will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge or International Delivery Charge (as applicable). If you do not agree to accept the Additional Delivery Charge or International Delivery Charge, we will reject your Order and refund any payment for your Order that has been paid by you.
- All prices for the Products and all delivery charges stated on the Website are in Australian dollars include GST where applicable.
- We may change our pricing at any time, without notice to you. All prices listed on the Website are in Australian Dollars and are inclusive of all applicable taxes including GST.
- If there is an error in the price shown for a Product on the Website, we may cancel any Orders placed for that product listed at the incorrect price, whether or not the Order has been confirmed. If your credit card has been charged for the purchase before your Order is cancelled we will immediately credit your credit card in the amount of the incorrect price.
We accept payment using, and you must pay by, PayPal. If payment is not received from PayPal or its agents for any reason, we may cancel your Order.We reserve the right to change the payment methods that can be used for Orders at any time in our absolute discretion.
- Cancellations and returns
Once an Order has been accepted by us, you cannot cancel that Order. We reserve the right to cancel, at any time before despatch and for whatever reason, an Order that it has previously accepted. We may do this for example, but without limitation, where:
- Products ordered were subject to an error on the Website, for example, in relation to a description, availability, price or image, which was not discovered prior to the Order being accepted; or
- an event beyond our control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, or disruption to services or delays by contracted third parties, means that we are unable to supply the Products the subject of an Order within a reasonable time.
In the event we cancel your Order after payment has been processed, we will refund any money paid in respect of that Order.
You should check your Products as soon as they are delivered to you in order to ensure that:
- they are what you ordered; and
- they are not damaged or faulty.
If this is not the case you should contact us on email@example.com soon as possible.
Where you have received a Product in error (for example, you have received a Product that was not in your Order) please return the Product to us within 10 days following the date of receipt, unused and in its original form and packaging. We will refund the postage costs to you if the Product was sent to you in error.
Returns may also, at our discretion, be accepted with our prior written approval.
This returns policy applies in addition to any other rights you may be entitled to under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010(Cth)).
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010(Cth)). We will also accept returns and make refunds in accordance with your rights under the Australian Consumer Law. You must pay the postage costs for any Products that you wish to return (for a replacement or refund) pursuant to this paragraph 5.3.
We do not accept returns of Products in any circumstances other than those set out in paragraphs 5.2and 5.3(or as otherwise required under the Australian Consumer Law).
- Words or expressions used in this paragraph 5which are defined in the A New Tax System (Goods and Services Tax) Act 1999(Cth) have the same meaning in this paragraph.
- If a payment to a party under these Sale Terms is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party, or the representative member of the GST group that party is a member of (as the case may be),is entitled for that loss, cost or expense.
- Your obligations
- Your Account
- If you are a new customer, before you can place an Order you must register an Account with us. Your Account must contain:
- an Account username and password;
- your delivery address and billing information; and
- any other information reasonably required by us in relation to your Account.
- We may accept or reject any application to register an Account.
- You are responsible for any activity that occurs under or through your Account and you must maintain the confidentiality of your Account username and password. You must notify us immediately of any actual or suspected unauthorised use of your Account or breach of your Account security.
- You represent and warrant that all information provided under your Account is complete and accurate. If there is a change to any information relating to your Account, you must update your Account or notify us as soon as possible. If we suspect that any information provided by you is incomplete or inaccurate, we may suspend or terminate your Account and cancel any Order without notice to you.
- We are not liable for any loss or damage arising from or in connection with your failure to comply with the requirements in this paragraph 1.
- Prohibited acts
You must not access or use the Service or the Website:
- in a way that violates these Sale Terms;
- for unlawful or dangerous activities or purposes;
- in a way that is fraudulent, inaccurate, false, misleading or deceptive;
- in a way that violates any applicable law (including, without limitation, applicable privacy laws); or
- in a way that infringes the rights (including the Intellectual Property Rights, as defined in paragraph 1below) of any other person.
- Information protection
- Meaning of Intellectual Property
In these Sale Terms, Intellectual Property Rightsmeans all intellectual property rights, including the following rights:
- patents, copyright, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
- any application or right to apply for registration of any of the rights referred to in paragraph (a); and
- all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world (including Australia),
whether or not such rights are registered or capable of being registered
- As between you and us, all rights, title and interest (including Intellectual Property Rights) in the Service and the Website are owned by us (and our third party licensors).
- Unless expressly stated otherwise, we own all Intellectual Property Rights in the Products.
While we use reasonable endeavours to ensure the Website, and any transactions conducted through the Service, are secure, you acknowledge that the security of information and payments transmitted through the internet can never be entirely secure or error free. We are not liable for any loss or damage suffered by you or anyone else due to a failure, delay, interception or manipulation of an electronic communication caused by a third party.
- Liability and indemnity
- Consumer rights and remedies
To the extent that you acquire goods or services from us as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010(Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
- Non-excludable Obligations
Nothing in these Sale Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:
- contravene that statute; or
- cause any term of these Sale Terms to be void,
Except in relation to Non-excludable Obligations:
- all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these Sale Terms;
- we make no representations or warranties, and expressly disclaim all warranties, either express or implied, in relation to the Products, including merchantability and fitness for a particular purpose;
- subject to paragraph 3we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Website or the Service, and we are not liable to you if the Service or the Website is unavailable for any reason.
- Exclusion and limitation of liability
Except in relation to Non-excludable Obligations, our liability to you arising directly or indirectly under or in connection with these Sale Terms or the performance or non-performance of these Sale Terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
- we will have no liability whatsoever to you for any loss of profits, loss of revenue, loss of goodwill, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract or any economic, special, indirect or consequential loss, harm, damage, cost or expense (including legal fees) incurred by you or anyone else under or in connection with this Website or the provision of the Service or any Product; and
- our total aggregate liability to you under or in connection with this Website or the provision of the Service or any Product is otherwise limited to an amount not exceeding the total amounts paid by you for the Order in respect of which the applicable liability, loss, harm, damage, cost or expense arose.
You indemnify us against any liability, loss, harm, damage, cost or expensewe may suffer or incur (including as a consequence of any claim made by a third party, and including legal costs and expenses on a full indemnity basis) arising from or in connection with your breach of these Sale Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of any third party.
- Changes to Sale Terms
- We reserve the right to revise and amend these terms in our discretion, as follows:
- if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended terms (as applicable) on the Website;
- if we consider that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change.
- Your continued use of the Website and/or Service after an amendment will mean that you agree to that amendment. You must stop using the Website and the Service if you do not agree to an amendment.
Any indemnity or any obligation of confidence under these Sale Terms is independent of, and survives termination or expiry of, these Sale Terms. Any other term by its nature intended to survive termination or expiry of these Sale Terms survives termination of these Sale Terms.
If any part of these Sale Terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these Sale Terms will continue in force.
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
These Sale Terms do not create a relationship of employment, trust, agency or partnership between us.
- Governing law and jurisdiction
These Sale Terms are governed by the law of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.