Goods means any goods provided by Coffee Capsule Delights (CCD) to you.
You means the person(s) purchasing Goods from Coffee Capsule Delights (CCD) which these conditions accompany
– You may place order(s) for Goods online on the website www.coffeecapsuledelights.com
– All orders are subject to availability and any minimum/maximum quantities as CCD decides from time to time
– CCD reserves the right to refuse order(s) whether whole or in part in its absolute discretion
– You must verify the quantity and quality of Goods upon delivery and if any Goods are faulty, you must notify CCD within seven(7) days of receipt. Otherwise you waive any right to reject them.
– Rejected Goods must be promptly returned by You to CCD together with your invoice
– CCD will only accept returns of unused Goods in their original condition and packaging
– When returns are properly completed, CCD will reimburse the price of the returned Goods only within twenty one(21) days of receipt of the returned Goods
– You cannot refuse to accept delivery of Goods because they were not delivered within any given time frame(s)
– Except as required by Law, CCD will be under no obligation to accept Goods returned for any reason
– CCD reserves the right to change the price of Goods from time to time without prior notice
– You must pay the price of Goods current at the time of payment
– You must pay CCD any GST payable for the provision of the Goods and Services Tax
– You are responsible for all duties, taxes and clearance charges that may be levied on the Goods
– Title of Goods passes to you on payment in full for them
5/ Exclusions and Limitations
– To the extent permitted by law, CCD’s only liability is as expressly stated in this agreement and all other guarantees and conditions are excluded
– To the extent permitted by law, CCD’s liability
1/ Under this agreement and
2/ As a result of consumer guarantee implied under the Australian Consumer Law or any other condition implied by legislation, is limited to, supplying the Goods again.
3/ To the extent permitted by Law, CCD will not be liable to you (whether in contract, tort, verbal or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit
You indemnify and must keep CCD indemnified against all damages, losses, costs and expenses suffered by CCD arising out of any breach by You of this agreement or arising out of your use, possession or sale of the Goods, or the use, possession or sale of the Goods by someone with your authority or permission.
– These terms and any conditions referenced on invoices, govern your provision of Goods and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter
– These terms may be varied by CCD at any time without prior notice
– CCD waives a right under these terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
– You must pay CCD all costs and expenses incurred by CCD in connection with these terms including legal expenses and costs incurred in the recovery of monies owing by You to CCD or in otherwise enforcing CCD’s rights against You under the Contract.
– Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay monies) if such delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended. If such a suspension exceeds thirty five(35) days, either party may immediately terminate the agreement by notice in writing to the other party
– These terms are governed by and must be construed in accordance with the laws of New South Wales, Australia