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Online Terms of Sale
When you purchase products from the Website (as that term is defined in the
Website Terms of Use) you agree to be bound by, and comply with, these terms of
sale and any changes that we may make to them from time-to-time (Terms of Sale)
and the Website Terms of Use. These Terms of Sale form an agreement between
you and Farination Pty Ltd (ACN 441 617 753) (“Farination”, “we”, “our” and “us”).
Please review them carefully to ensure you understand and agree with them.
1. Terms of Sale
1.1. These Terms of Sale apply to the ordering, purchase, fulfilment and delivery of
products and gift cards (Products) from the Website. These Terms of Sale
constitute a legally binding contract between you and Farination. By placing an
order with us, you agree to be bound by these Terms of Sale.
Orders
1.3. All orders placed by you are an offer to purchase the Products for the price
specified on the Website plus any delivery charge as shown at the time of
submission of your order. All orders are subject to availability and acceptance by
Farination. Each order that you place will, if accepted by us, be a separate and
binding agreement between you and Farination with respect to the supply of the
relevant Products, in accordance with these Terms of Sale.
1.4. Farination may accept or reject your order for any reason in its absolute
discretion. If your order is rejected and you have paid for the order, you will receive
a refund of any money paid to us in respect of the rejected order.
1.5. Your order must contain the order information specified on the Website,
including your name, address, contact number and credit card details. Farination is
not liable for any orders that go missing due to incorrect delivery information
provided by you.
1.6. You agree that any Products purchased by you are for personal use only and are
not for resale or commercial use.
Price
1.7. The Products are charged at the price published on the Website at the time you
submit your order. Farination reserves the right to change the price of Products at
any time without notice to you.
1.8. All prices listed on the site are in Australian Dollars unless otherwise specified
and are inclusive of any Australian Goods and Services Tax (as applicable).
1.9. If, for any reason, incorrect pricing is displayed on the website, Farination
reserves the right to amend such pricing errors and may exercise its right to cancel
an order at any point prior to delivery.
1.10. In addition to the price for the Products, you may also need to pay the delivery
charge listed (if any). Any delivery charge will appear in your shopping cart. If
additional delivery charges are required, we will contact you and provide you to
discuss the additional delivery charges and your options.
Payment
1.11. Payment in full for all Products is required at the time of placing an order with
us.
1.12. By submitting an order, you represent and warrant to us that you are
authorised to use the method of payment you provide to us. You authorise us to
charge to that payment method the total amount of your order (including any
applicable taxes and delivery charges). If the payment method cannot be verified,
is invalid, or is not otherwise acceptable, your order may be suspended or
cancelled automatically. Farination is under no obligation to ship any Products
ordered until payment in full for those Products has been received.
Availability of Products
1.13. Farination does not guarantee the availability of Products on its website. If, for
any reason, a Product in your order is out of stock or cannot be fulfilled for any
reason, we will notify you as soon as practicable to arrange a backorder, an
alternative order or a refund if a suitable substitute product is not available.
Cancellation of Orders
Unless provided for under these Terms or as otherwise agreed by Farination:
1.14. orders cannot be amended once it has been dispatched. If your order has not
been dispatched, you may contact info@superbee-australia.com.au to cancel your order
and place a new order. Farination may in its absolute discretion accept or reject
your request for cancellation or change of an order and a refund. If we accept to
refund it will be processed within a reasonable time being 5 days.
1.15. no cancellations or changes to orders will be accepted especially on same
day delivery or next day delivery orders, and the products will be delivered to the
delivery address placed by you.
1.16. any address changes are requests only and cannot be guaranteed depending
on the status of the order.
1.17. for health reasons, no cancellation, return or refund can be made once your
order has been dispatched for change of mind or if you made an incorrect
selection.
1.18. due to the fragile nature of our chocolates, we strongly recommend opting for
the delivery service with refrigeration, as your order may melt during its transit.
Farination does not offer a refund or replacement of any heat affected products
unless you have selected the refrigeration delivery option.
Delivery
1.19. Risk and title in the Products pass to you on the date and time that payment
has been received by Farination.
1.20. Please allow 7 working days for international orders. *Dispatch and delivery
time frames are provided as a guide only.
1.21. We will try our best to deliver your order as soon as we can, however
Farination does not guarantee the dispatch or delivery of Products within the
timeframes provided. Delivery times are our best estimate however stock
availability and events outside of our control may cause delays, or in some
circumstances prevent your Products from being delivered. If we are unable to
deliver your Products within a reasonable time, you may ask us to cancel your order
or we may automatically cancel your order, in which case we will provide you with a
full refund of any money paid to us for undelivered Products.
1.22. Once your order has been dispatched, you will receive an email with the
tracking details. Delivery times will vary according to the delivery service used as
well as their time frames and zones.
1.23. On delivery you may be required to sign a proof of delivery document. If you
authorise us to deliver the Products without being required to sign for proof of
delivery, we will not be liable for any lost, stolen or damaged Products once these
Products have been delivered.
1.24. We will not be liable to you for any undeliverable orders resulting from the
recipient’s address being incomplete, incorrect or unable to be located, or if there
is no one home to receive the order and there is no safe place to leave it. We will
attempt to have undeliverable items returned to Farination and try to contact you to
arrange alternative delivery. Our products are perishable in nature and as such we
are not liable in a decline in quality and condition of perishable goods. If we are
unable to deliver your order after 7 business days, your order will be forfeited.
Returns
1.25. For health reasons, no cancellation, return or refund can be made once your
order has been dispatched for change of mind or if you made an incorrect
selection.
1.26. Our products come with guarantees that cannot be excluded under the
Australian Consumer Law (ACL). You are entitled to a replacement or refund for a
major failure and compensation for any other reasonably foreseeable loss or
damage. You are also entitled to have Products repaired or replaced if the products
fail to be of acceptable quality and the failure does not amount to a major failure.
Our change of mind policy does not aect your rights under the ACL. If the Products
you receive:
iii. are not what you ordered;
iv. do not match the description on the Website;
v. are not of satisfactory quality; or
vi. are not otherwise fit for purpose,
you may be eligible for a refund or exchange and in some cases compensation for
loss or damage.
1.27. If you believe you have received a Product which does not meet the consumer
guarantees under the ACL, please contact info@superbee-australia.com.au
1.28. Farination does not offer a refund or replacement of any heat affected
products.
Refunds
1.29. If we are obliged to refund your payment pursuant to these Terms of Sale or at
law, we will aim to process the refund within 5 business days. The time it takes for
you to actually receive the refund will depend on your financial institution.
Feedback
1.30. We value customer feedback. If you are not happy with your experience
through the Website you should contact via info@superbee-australia.com.au and we will
work to resolve your concerns in accordance with our complaints handling
procedure.
Gift Cards
1.31. Electronic gift cards may be available for purchase from the Website in the
future.
Liability for Sale and Purchase of Products
1.40. To the maximum extent permitted by law (including, without limitation, the
ACL) in no event will Farination, our officers, directors, employees or agents be
liable to you, or any other person, for any loss, damage, costs or expense suered
(whether directly or indirectly) arising out of or in connection with your purchase,
use or otherwise of the Products. This exclusion applies regardless of the cause of
action – i.e. whether in contract, negligence or any other tort, equity or under
statute.
1.41. If any warranty cannot be excluded, to the maximum extent permitted by law,
our liability will be limited, at our option, to resupply of the relevant Product, the
cost of resupplying the Product or the cost of repairing the Product. We will not be
responsible or liable for any indirect, consequential, incidental, exemplary,
punitive or special damages, loss, liability or expense. Our liability to you for any
loss, damage, costs or expense 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,
damage, costs or expense.
2. Promotions, Competitions and Discounts
2.1. From time-to-time, Farination may run promotions or competitions or oer
discounts through the website. In such circumstances, additional terms and
conditions may apply to those promotions, competitions or discounts as published
on our Website. Your participation in any promotion or competition or your right to
an oered discount is subject to these Terms of Sale and any specific terms and
conditions that may be expressed to apply.
2.2. Any promotions whereby Farination offers a promotional gift with any purchase
from the Website will not apply to gift vouchers and cannot be used in conjunction
with any other offer. Offer is one gift per order only, and is not transferable or
refundable in cash. Please refer to the Terms and Conditions of each current oer
as outlined on our Website.
2.3. Due to the high volume of demand, Farination cannot guarantee the availability
of products during the promotion, competition or discount offer period. We reserve
the right to terminate, suspend or modify a promotion, competition or offer without
notice.
3. Governing law
3.1. Your purchase of our Products from the Website and these Terms of Sale are
governed by the laws of the State of Victoria and you submit to the non-exclusive
jurisdiction of the Courts in the State of Victoria.
4. Updates to these Terms of Sale
4.1. These Terms of Sale are effective from January 2024. We reserve the right to
update these Terms of Sale at any time without notice. You should ensure you are
aware of our current Terms of Sale by checking our Website regularly.