Terms & Conditions
TERMS AND CONDITIONS:
- ABOUT US
1.1 We operate the website www.emporiumaquila.com.au. We are Emporium Aquila Pty Ltd (ABN 87 131 986 411) trading as Emporium Aquila Home Delivery.
- SERVICE AVAILABILITY
2.1 The Site is only intended for use by people residing in nominated delivery areas of South East Queensland. We do not accept orders from individuals outside our specified delivery areas.
- YOUR STATUS
3.1 By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you are resident in one of the Service Areas
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 You will receive an email from us acknowledging that we have received your order. For each Order accepted by us, we will supply the Products or Service in that Order to you in accordance with these Terms and Conditions.
- ACCEPTANCE OR REJECTION OF AN ORDER
5.1 We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an Order.
5.2 If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 3 days after you submit an Order.
5.3 If we refuse an Order on or prior to delivery, a full refund, less any discounts, will be made within 7 Business Days.
5.4 If you cancel an Order after the Order cut-off for the upcoming delivery window, we have no obligation to cancel an Order and/or refund you any money.
- CHANGE OF DETAILS
6.1 Changes to address details and/or delivery instructions must be communicated via the methods and by the cut-offs outlined in these Terms and Conditions.
6.2 We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
7.1 The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.
7.2 Product prices and delivery charges include taxes including GST where applicable.
8.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
8.2 Orders will be charged to your nominated payment method.
(a) (a) It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.
(b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
8.3 Storage of Collected Information
(a) Emporium Aquila does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.
(b) All online debit/credit card transactions performed on this Site are through secured payment gateways.
(c) Complete debit/credit card details cannot be viewed by Emporium Aquila or any outside party.
8.4 Suspected fraud accounts
(a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
(b) We reserve the right to terminate your order or accounts following the investigation.
- OUR REFUNDS POLICY
9.1 If you have cancelled an Order in accordance with these terms and conditions, we will process any refund due to you within 7 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the Product to us.
9.2 f you seek a refund for any other reason, you can request a refund by email to email@example.com and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.4 Please take care when specifying your delivery address as refunds will not be provided for if you enter an address incorrectly.
10.1 We only deliver to addresses within the Service Areas. Depending on the location or the time of the delivery a fee may apply. This will be communicated at the point that you place your initial Order.
10.2 We will aim to deliver during the window that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
10.3 We will deliver the Products to the front door of your nominated delivery address. You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
10.4 Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.
10.5 If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.
10.6 You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.
10.7 You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason.
- RISK AND TITLE
11.1 The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- DISCLAIMER AND LIMITATION OF LIABILITY
12.1 The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits
12.2 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an “as is“ and “as available“ basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
12.3 You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.
12.4 To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
12.5 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
12.6 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
12.8 To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
12.9 To the extent permitted by law:
(a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:
(i) In the case of the supply of Products:
(A) replacement or resupply of the Products; or
(B)the cost of replacing or resupplying the Products;
(ii) In the case of the supply of Services:
(A) supplying the relevant Services again; or
(B) the cost of supplying the relevant Services again, and;
(b) in any event, will not exceed the fees paid by you to us under the relevant Order.
12.10 To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.
12.11 Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
- IMPORTANT NOTICE ABOUT LINKED WEBSITES
13.1 The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
13.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
13.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
- TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
- FORCE MAJEURE EVENTS
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) epidemic, pandemic or other health emergency (whether declared or not); and
(g) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
16.2 We may use your contact information to send you newsletters from us and from our related companies.
17.1 These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
17.2 The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.
17.3 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
17.4 Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
17.5 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
17.6 These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in Queensland. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland.