1. INTERPRETATION
In these Conditions:
Agreement is an agreement between you and Robert Oatley Olive Oil to supply goods, and consists of the order and these conditions;
Conditions are these conditions, and any agreed written variations;
Delivery Address is the address to which the goods are to be delivered as stated on the Order;
Goods are the goods described in an order, and includes packaging;
Intellectual Property Rights includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise;
Order is an order by you to purchase goods from Robert Oatley Olive Oil;
Product List is the list of goods displayed on the Robert Oatley Olive Oil web site, as amended from time to time;
Delivery Fee is the fee payable to Robert Oatley Olive Oil in respect of delivery of the goods and handling costs associated with processing your order, as advised by Robert Oatley Olive Oil from time to time.
2. THE AGREEMENT
An agreement exists between you and Robert Oatley Olive Oil once Robert Oatley Olive Oil accepts an order or Robert Oatley Olive Oil receives the order and does not reject it within fourteen days. Each order is a separate Agreement.
3. CUSTOMER APPLICATION
Application to be completed: You must complete a customer application before placing an order for goods with Robert Oatley Olive Oil. You warrant that all information and data provided by you in the customer application is accurate, complete and up to date. You must promptly inform Robert Oatley Olive Oil if there is a change to this information or data.
Set up costs: You are responsible for any costs associated with accessing the Robert Oatley Olive Oil web site and placing an order for goods with Robert Oatley Olive Oil, including any Internet provider fees.
Delivery area: In order to purchase goods from Robert Oatley Olive Oil, the Delivery Address which you nominate must be within a suburb where Robert Oatley Olive Oil provides delivery. Please ensure that your delivery address and suburb are correct, as orders for delivery to addresses in suburbs that are not in the Robert Oatley Olive Oil delivery area will not be processed. Robert Oatley Olive Oil will advise you if the Delivery Address which you nominate ceases to be in an area where Robert Oatley Olive Oil delivers Goods. Robert Oatley Olive Oil will not be obliged to continue to deliver goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not in an area within which Robert Oatley Olive Oil delivers goods.
4. ORDERS AND DELIVERY OF GOODS
Orders: You must place an order with Robert Oatley Olive Oil by selecting goods and pressing the "Submit Order" button. Orders are deemed to be received by Robert Oatley Olive Oil at the time of successful transmission of the order.
Delivery: Robert Oatley Olive Oil will deliver the Goods to you at the Delivery Address within the time agreed with you. Robert Oatley Olive Oil will not commit to delivery beyond the Front Door of your home or office building. Front Door means the front door or a point beyond which entry into the interior of the building occurs. If you request Robert Oatley Olive Oil to deliver the Goods beyond your Front Door, you agree to continually indemnify and hold harmless Robert Oatley Olive Oil (including its officers, employees, contractors and agents) from any Loss suffered or incurred by Robert Oatley Olive Oil in connection with the delivery of the Goods beyond your Front Door. 'Loss' means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the goods shall be presumed by Robert Oatley Olive Oil to be authorised to receive the goods. Robert Oatley Olive Oil may request that the person who receives the goods at the Delivery Address (or upon collection) provide satisfactory evidence of proof of age. Robert Oatley Olive Oil may refuse to deliver the Goods if the person receiving the goods is unable or unwilling to provide satisfactory evidence of proof of age. Robert Oatley Olive Oil may refuse to provide liquor to a person who is intoxicated or not of the appropriate legal age.
Delivery fee: If required by Robert Oatley Olive Oil, you must pay to Robert Oatley Olive Oil the Delivery Fee (or such other fee as may be specified by Robert Oatley Olive Oil) in respect of each order.
Additional delivery fee: If there is no one at the Delivery Address or no one of appropriate age to receive, sign and pay for the order when the order is delivered, the order will not be left at the Delivery Address. Our Customer Care team will endeavour to contact you and may charge an additional delivery fee. A cancellation fee may also apply.
Minimum value: There is a minimum value of $50 for each order. The minimum value excludes the Delivery Fee. Robert Oatley Olive Oil may (in its absolute discretion) accept an order which is below the minimum value. The waiver of this requirement by Robert Oatley Olive Oil in one instance will not oblige Robert Oatley Olive Oil to accept an order which is below the minimum value at any other time.
5. RISK AND TITLE IN THE GOODS
Risk and title in the goods passes to you upon delivery and payment of the goods to the Delivery Address.
6. RETURNS, CREDITS AND REFUNDS
Making a claim: If you wish to make a claim for a replacement product, refund or credit because:
a. you believe that an item, which was ordered by you and which was in stock, has not been provided; or
b. you are not satisfied with the quality of the goods you have purchased,
you must call Robert Oatley Olive Oil Customer Care Centre on [+61 2 9433 3255] within 24 hours from the end of the period during which the Goods were scheduled for delivery (or collection). A Robert Oatley Olive Oil Customer Care representative will assess your claim for a replacement product, credit or refund of the purchase price. Robert Oatley Olive Oil reserves the right to inspect the goods before making the assessment. Robert Oatley Olive Oil will not pick up any goods that you do not accept and which you have not returned with the driver (or Robert Oatley Olive Oil team member upon collection).
7. PRICE OF GOODS AND PAYMENT
Purchase price: The purchase price of the goods as shown on the Product List is the purchase price which is applicable at the time you view it.
Delivery Fee: You must pay the Delivery Fee in respect of each Order.
Additional Fees: If charged by Robert Oatley Olive Oil in accordance with clause 4, you must pay any late cancellation fee or additional delivery fee.
Total price of Goods: Goods in Your Order are charged at the purchase price applicable at the time you submit your order and as shown on the order confirmation, except:
a. if a good is out of stock, in which case you will not be charged for that good; and
b. if you have given instruction that you will accept a substitute good, in which case the substitute good will be charged at the lower of the original or the substitute price at the time the substitute good is processed and scanned for your order.
Tax invoice: Upon delivery of the goods, Robert Oatley Olive Oil will provide you with a tax invoice specifying the total price for the goods, including credits applied and the Delivery Fee.
Method of payment: At the time you place the order, you will be required to select your payment method. Unless otherwise agreed, in order to receive the goods you have ordered, payment must be received by the selected payment method.
Online Payment by Credit Card: You must pay for the goods at the time you place the order by providing your credit card details on the Robert Oatley Olive Oil web site and Robert Oatley Olive Oil will process your payment using your credit card. The payment will be processed as we prepare the order for delivery, which in most cases will be the day of delivery but may be the day prior to delivery. If your credit card is declined by your financial institution, Robert Oatley Olive Oil will not be able to guarantee delivery on the date or in the delivery window you selected and may contact you to make alternative delivery and payment arrangements. If you are not at the Delivery Address or organise a redelivery, the payment will be processed on the original date of the order. If the order is cancelled or refunded, the credit will be processed on the next business day. Robert Oatley Olive Oil may decline to accept payment from you by credit card for any reason, and is not required to give reasons. If Robert Oatley Olive Oil declines to accept payment from you by credit card, the order will not be processed and you will not be contacted. If you agree to make payment by another method that is acceptable to Robert Oatley Olive Oil, Robert Oatley Olive Oil may process the order or any further orders.
8. SET-OFF
If you owe money to Robert Oatley Olive Oil under one Agreement, Robert Oatley Olive Oil may set-off that money against any money that you owe to Robert Oatley Olive Oil under another Agreement. If Robert Oatley Olive Oil owes money to you under one Agreement, Robert Oatley Olive Oil may set-off that money against any money that it owes to you under another Agreement.
9. OUT OF STOCKS AND SUBSTITUTION
Robert Oatley Olive Oil will not provide rainchecks in respect of Goods ordered by you. When completing your order, you will be invited to select a substitution option in respect of goods which are out of stock. Robert Oatley Olive Oil will use its best endeavours to ensure that all goods ordered by you (and any agreed substitutes) are supplied to you. Robert Oatley Olive Oil reserves the right to limit the sale of goods to reasonable or normal household quantities. Substitute items are charged at the lower of the original or the substitute price.
10. PACKAGING AND LABELLING OF GOODS
Robert Oatley Olive Oil aims to include in the Product List up-to-date pictures of the goods. At times, the picture of the goods on the Product List may differ from the goods actually supplied to you. Robert Oatley Olive Oil does not warrant the accuracy of the information contained in the Product List and recommends that you read the labels on Goods carefully before consuming the goods.
11. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Robert Oatley Olive Oil or its related corporations own or are licensed to use all Intellectual Property Rights in Robert Oatley Olive Oil, including any images, photographs or text which appears on the Robert Oatley Olive Oil web site. You must not make any representation to the contrary and you must not use or copy Robert Oatley Olive Oil in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the Robert Oatley Olive Oil web site are owned by or licensed to Robert Oatley Olive Oil or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
12. LIABILITY
Robert Oatley Olive Oil will use reasonable care and skill in providing the Robert Oatley Olive Oil website for your use.
We are responsible for loss suffered by you as a result of:
a. our negligence if it causes personal injury or death; or
b. a serious breach of this Agreement by us,
if that loss was reasonably foreseeable at the time.
Subject to the above and to the extent permitted by law, you release and discharge Robert Oatley Olive Oil and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Robert Oatley Olive Oil or this Agreement (including the installation, downloading, use or performance of any software related to the Robert Oatley Olive Oil website).
Any liability of Robert Oatley Olive Oil arising out of or in connection with a breach of an express or implied warranty or condition in respect of Goods or deliveries supplied to you through use of Robert Oatley Olive Oil (other than a condition or warranty implied by legislation which does not permit Robert Oatley Olive Oil's liability to be limited as stated in this clause 12) will, at the election of Robert Oatley Olive Oil, be limited to:
a. if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods; and
b. if the condition relates to deliveries, the supplying of the deliveries again or the payment of the cost of having the deliveries supplied again.
provided that it is fair and reasonable to do so.
13. USERNAME AND PASSWORD
You must take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You release and indemnify Robert Oatley Olive Oil in relation to any liability arising out of the unauthorised use of your user name or password.
14. NOTIFICATION OF CHANGES
Robert Oatley Olive Oil may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 17. Your use of Robert Oatley Olive Oil after notice will constitute your deemed acceptance of such changes.
15. PRIVACY AND SECURITY
For details on the Robert Oatley Olive Oil Privacy and Security Statement, please click here for to read our Privacy Policy.
16. TERMINATION
Robert Oatley Olive Oil may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 17) or by sending you a system message advising that Your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. Robert Oatley Olive Oil, in its discretion, may elect to terminate a user name or refuse to deliver to a particular address.
17. NOTICES
Robert Oatley Olive Oil may give notice to you by electronic mail, conventional mail to your address contained in the customer application information or notice posting on the Robert Oatley Olive Oil web site. You may give notice to Robert Oatley Olive Oil by electronic mail to info [at] robertoatleyoliveoil [dot] com [dot] au.
18. SEVERABILITY
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provision.
19. LAWS
The laws of New South Wales govern this Agreement.