General Terms and Conditions
Welcome to Di Bartoli (www.dibartoli.com.au). These terms pertain to the use of www.dibartoli.com.au (“the website”) and the purchase of any goods from it. The website is owned and operated by Di Bartoli Coffee Centre. We’re happy to help you choose a machine and/or grinder, provide you with information about our products and services and talk you through the order process. Just call us on (02) 9389 9892 between 9am – 5pm AEST Monday to Friday (excluding public holidays). Rest of the World* +61 2 9389 9892 Email email@example.com
TERMS AND CONDITIONS OF USING THE WEBSITE
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms of Sale”). Di Bartoli reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time. We will not be providing notice to you, so please review these regularly. By using the website, you acknowledge that you have read and understood these terms.
LIMITATION OF LIABILITY
Any liability of Di Bartoli Coffee Centre (Di Bartoli) or their agents in connection with goods or services supplied by us to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Di Bartoli Coffee Centre, be limited to:
1. In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.
The information contained on the website is provided in good faith. To the best of Di Bartoli's knowledge, the information is accurate, current and honest. However, Di Bartoli and any of their directors, officers, employees, consultants or shareholders (“Di Bartoli's associates”) do not make any representation or warranty as to the accuracy or completeness of all the information.
To the fullest extent permitted by law, Di Bartoli disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Di Bartoli offers no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Di Bartoli does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Di Bartoli is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, Di Bartoli will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website www.dibartoli.com.au
All information submitted to dibartoli.com.au is secured using Secure Sockets Layer (SSL) security through COMODO, at 128-bit or greater encryption. Your web browser should indicate a padlock in the address bar or header. Information acquired on the dibartoli.com.au website is protected by state-of-the-art encryption and firewall technology. All care is taken to ensure that www.dibartoli.com.au website and data transmissions are free from viruses. However, it is your responsibility to scan any data or websites for viruses.
The website pictures and copyright in the dibartoli.com.au website is property of Di Bartoli Coffee Centre. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Di Bartoli Coffee Centre and third parties. This property may only be used for the purposes of browsing the dibartoli.com.au website and acquiring goods and services of dibartoli.com.au.
We accept the following forms of payment:
Online: Visa, Mastercard and American Express credit cards
Email/phone/in person: Direct deposit (bank transfer); Mastercard, Visa and American Express, cheque (Note: goods will not be dispatched until funds are cleared) and cash.
PAYMENT All prices shown on the website are in Australian Dollars (AU$) and include GST (apart from food products like coffee beans).
YOUR ROLE If you purchase goods and services from dibartoli.com.au or create a membership account with us, we may require you to provide your name, address, email address or other details (“customer information”). We may subsequently require further details to enable the processing of any orders that you make.
A dibartoli.com.au member may not have more than one active membership, whether this is by a different name, email address, or an alias. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers/gift certificates, promotional benefits and discounts and the total value of these benefits and/or any prizes you might win. Membership accounts are non-transferable.
You may update, edit or terminate your membership account at any time. You agree to maintain and update your information to ensure accuracy at all times. As a dibartoli.com.au member, you are responsible for maintaining the confidentiality of your own membership account and password and you agree to take responsibility for all activities that occur under your account.
PRODUCT INFORMATION & PRICING
While every effort is made to ensure the accuracy of product descriptions and pricing, we are unable to warrant that product descriptions or other content of the website are error-free. Prices of goods and services, postage and handling fees and other charges displayed on the dibartoli.com.au website are current at the time of display. These prices are subject to change without notice.
PLACING AND ACCEPTING ORDERS Orders will not be dispatched until payment in full has been received and dibartoli.com.au is satisfied with the integrity of the order. Placement of an order by you constitutes an offer from yourself to enter into an agreement with us. We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way. For any orders more than $2,500 offline verification may be required. We will contact you to provide further identification and authorization will be subject to our financial institution approval.
CANCELLATION BY US We reserve the right not to provide goods or services, and the right to terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms of Sale herein, we will not be held liable for loss or damage arising from the exercising of these rights.
CANCELLATION BY YOU If you need to cancel an order, please contact us immediately on (02) 9389 9892 or firstname.lastname@example.org. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is at our sole discretion. Orders that cannot be canceled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
PROMOTIONS AND COMPETITIONS
Other Terms and Conditions not listed herein and applying to dibartoli.com.au promotions and competitions are incorporated into these terms and conditions. Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately stop using this website.
RELEASE AND INDEMNITY You agree to waive any and all claims that you now have or may have in the future against Di Bartoli Coffee Centre and Di Bartoli's Associates which relate to or are incidental to any transaction. You agree to indemnify and hold Di Bartoli harmless from and against any and all claims, loss or expense that may be incurred by Di Bartoli Coffee Centre or Di Bartoli's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Di Bartoli Coffee Centre and Di Bartoli's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.
OTHER INFORMATION WE COLLECT THROUGH OUR SERVICES We may collect non-personal data about your use of the website, such as pages visited, times and volume of use of the services as well as Traffic Data. Traffic Data includes logs, details of networks, time of log-on or access, length of sessions and similar systems data. We will use this data to track web usage trends and preferences and update our site accordingly. Any deals, specials or updates we believe will interest you will be emailed to the supplied email address. All purchasers will be notified of upcoming sales and specials. Please let us know if you would rather not receive emails or updates from us at dibartoli.com.au.
ANY DISCLOSURE OF INFORMATION Service suppliers, third party companies and individuals have been engaged to perform functions such as the delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions on behalf of Di Bartoli Coffee Centre. Your information will only be used by these companies to perform their appropriate functions. Statistical Groups From time to time, we provide statistical information about sales, trading patterns and navigation techniques to reputable third parties. This may comprise data collected about you and other users to form aggregate results. However, we will not provide any direct personal information that identifies you as our customer.
Verification of Members
We use various details to verify information given to us by our members. At times:
In cases where fraud or other crime is suspected, we will communicate with Police, banks and other relevant authorities. Many of these checks are done manually and communication is handled carefully by a member of Di Bartoli's own Customer Service team. Lost login and Password details If members forget their password details, we will not disclose them by telephone. The customer will be informed of passwords via email.
THIS INFORMATION IS AVAILABLE TO VIEW AT www.privacy.gov.au Any changes that will be made to this policy will be posted on the website in the PRIVACY section, please revisit this often for any changes to the above information. Any queries or problems you may have with the above policy please email us at email@example.com.