Conditions of Use

The owner of this web site is Coffs Home Brewing ABN 43 164 301 941. In this document we may be referred to as ‘we’ / ‘us’ / ‘our’.

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you 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.

No contract for the sale of any product will exist between you and Coffs Home Brewing until Coffs Home Brewing dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Coffs Home Brewing of your offer to buy goods from Coffs Home Brewing or a third party supplier that is engaged on your behalf by Coffs Home Brewing (whether or not you receive that e-mail).

Coffs Home Brewing will not pass on your personal details to any third party except where an additional security check may be deemed necessary. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.

You undertake that all details you provide to Coffs Home Brewing for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

You will need to choose a password on completion of registration. Please keep your login details safe.

All purchases are non-exchangeable, non-transferable and non-refundable (except warranty coverage of course).

You may cancel your order at any time prior to your order being processed by sending us an email and including your name, address and order reference number (use the contact us page).

Once Coffs Home Brewing receive notification from you that you wish to withdraw from the contract (in accordance with these terms), the relevant part of any sum debited to Coffs Home Brewing from your credit card in relation to your order will be re-credited to that credit card account as soon as possible..

Where the customer orders a part or parts in error, Coffs Home Brewing reserves the right to make a 15% or $10 (whichever is greater) restocking charge for returned used components that have been opened. Upon receipt of returned goods, a refund of the original purchase price of the part minus the restocking fee will be made to the customer. Coffs Home Brewing reserves the right to refuse to accept the return of new products which the customer purchased in error and which have been opened or unopened. Your statutory rights are not affected.

 

Liability

This section applies only to the extent permitted by law. For the avoidance of doubt Coffs Home Brewing do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Coffs Home Brewing’s negligence or wilful default, or that of Coffs Home Brewing´s employees, agents or subcontractors or (b) fraudulent misrepresentation.

Coffs Home Brewing does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products or services.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.

Coffs Home Brewing will do its best to correct errors and omissions as quickly as practicable after being notified of them.

TO THE FULLEST EXTENT PERMITTED BY LAW, COFFS HOME BREWING IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, COFFS HOME BREWING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Coffs Home Brewing shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Coffs Home Brewing of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

You and Coffs Home Brewing will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

The products sold on the site are provided for private domestic and consumer use only. Accordingly, Coffs Home Brewing do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the site or for any products or services purchased from Coffs Home Brewing.

 

Processing of orders

Credit and Debit cards are debited at the time the order is placed with the store. All prices include GST unless otherwise stated.

Every purchase you make shall be deemed performed in the Australia. The laws of England shall govern every aspect of contractual agreement concerning purchases made from the site.

Coffs Home Brewing aims to arrange shipment of all ‘in stock’ items within 1 working days of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. Coffs Home Brewing is not able to supply dates by which our suppliers may get an item in stock.

 

Delivery/Title/Risk

The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation.

Title to any product ordered will pass to you once Coffs Home Brewing has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.

For Christmas Deliveries, we recommend that you order by the 15th December. We will endeavour to dispatch all ‘in stock’ orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.

 

Miscellaneous

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

You may not permit; create unauthorized framing of, or deep linking to, the site or the creation of derivative works thereof from any other website under your management or control.

In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the site shall be owned by us absolutely.

Subject to the licence granted to you to use the site, Coffs Home Brewing reserves all rights, title and interest in its Intellectual Property Rights in the site. Any goodwill accruing from use of Coffs Home Brewing and its affiliates’ trademarks, trade and business names and service marks under this Agreement will vest in Coffs Home Brewing and its affiliates, as appropriate.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Coffs Home Brewing tracks the electronic ‘fingerprints’ of every order placed on Coffs Home Brewing to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

We reserve the right to terminate this Agreement and to suspend or terminate your access to the site immediately and without notice to you if:

        You fail to make any payment to us when due;

        You breach the terms of this Agreement (repeatedly or otherwise);

        When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;

        We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the site.

Coffs Home Brewing may amend these terms from time to time, and place the new version on the site. For users purchasing goods or registering on the site for the first time, all purchases placed on our website will be governed by those new terms otherwise; such changes will be effective against existing users thirty days following posting of the amended version on the site. Your continued use of the site following Coffs Home Brewing’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the site.

These terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Coffs Home Brewing and you relating to your purchase. Coffs Home Brewing advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Coffs Home Brewing. We will store a copy of the contract entered into by you with Coffs Home Brewing. You are advised to read (and are responsible for reading) fully all information on this website.

If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

These Terms are subject to the laws of Australia.

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