Website Terms and Conditions

 

1. General

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any alterations we may have made to the Terms of Service. We do not warrant that alterations will be emphasised.

Access to this Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period with or without notice. From time to time, we may restrict access to some parts or all of this Website.

 

2. Prohibitions

You must not misuse this Website. You will not:

• commit or encourage a criminal offence;

• transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

• hack into any aspect of the Service;

• corrupt data;

• cause annoyance to other users;

• infringe upon the rights of any other person's proprietary rights;

• send any unsolicited advertising or promotional material, commonly referred to as "spam";

• attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

 

3. Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Equilibrio Espresso A.B.N 74004984454 and are protected by copyright laws and trademarks internationally. All such rights are reserved by Equilibrio Espresso. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

4. Terms of Sale

1. By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
    

2. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible.
    

3. In order to purchase from Equilibrio Espresso you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Equilibrio Espresso retains the right to refuse any request made by you.

 

(a) Our Contract

1. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and us for the purchase of the goods will not be formed until your payment has been approved and processed via our PayPal system.

 

(b) Pricing and Availability

1. Whilst we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. The prices are Australian Dollars. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition. Such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
    

2. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies including without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

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(c) Payment

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

(d) Refund

1. Where we may be required to refund your payment as your order has been rejected, cancelled or for any other reason, we will use our best endeavours to process your refund within a timely manner. Refunds will be made by us via the method of payment you used to make your online purchase. The time it takes for you to receive a refund will depend partly on how quickly your financial institutions processes the refund
    

2. We will not accept a request to return and refund purchased goods where you have simply changed your mind, made a wrong selection or have simply found the goods cheaper elsewhere. We recommend you carefully preview any orders before confirming your order.

 

5. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary then to the fullest extent permitted by law Equilibrio Espresso, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, by statute, at common law or otherwise. This does not affect Equilibrio Espresso's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

6. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice and without liability for any loss suffered or alleged to be suffered by you.

 

7. Indemnity

You agree:

1. to indemnify, defend and hold harmless Equilibrio Espresso, its directors, officers, employees, consultants, agents, and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use of this Website or your breach of the Terms of Service and

2. that in addition to any other remedy which may be available at law or in equity to Equilibrio Espresso we are entitled to seek injunctive relief without notice to prevent a breach of, or restrain a continuing breach of these Terms of Service or any action taken by you which is against the interest of Equilibrio Espresso.

 

8. Variation

Equilibrio Espresso shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

9. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments via email at info@equilibrioespresso.com.au .

 

10. Non-Waiver

If you breach these conditions and we take no action, we will still be entitled to enforce our rights and remedies in any other situation where you breach these conditions.

11. Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia and any appellant courts.

 

12. Exclusion of Liability

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to you downloading any material posted on it or on any website linked to it.

 

13. Severability

If any of these Terms is held to be invalid, unenforceable or illegal for any reason then to the extent of such unenforceability, invalidity or illegality it is to be severed from the Terms of Service and the remaining Terms shall nevertheless continue in full force.

 

14. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding or contemporaneous agreements between you and Equilibrio Espresso and you acknowledge by use of this website that you have not entered into any agreement with Equilibrio Espresso by reason of any oral representations made by or on behalf of Equilibrio Espresso. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Equilibrio Espresso.

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