1.1 “Sydney Tea” (“we”, “our”, or “us”) means J KANE & R KANE (ABN 95 837 181 848), its successors and assigns or any person acting on behalf of and with the authority of J KANE & R KANE (ABN 95 837 181 848).
1.2 “Services” means the Sydney Tea website located at sydneytea.com.au (the “Site”) and related services including Sydney Tea’s products and its content (the “Content”).
1.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.4 “Products” means all products offered by Sydney Tea to the User (and where the context so permits shall include any incidental supply of services). The Products shall be as described on any invoices or other documentation provided by Sydney Tea to the User.
1.5 “Price” means the cost of the products as agreed between Sydney Tea and the User subject to clause 3 of this contract.
The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
2.2 Where the User purchases a Product as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
Price and Payment
3.1 The Price shall be Sydney Tea’s current Price, at the date of delivery of the Product, according to Sydney Tea’s current Price as detailed on Sydney Tea’s website.
3.2 Sydney Tea reserves the right to change the Price in the event of a variation to the User’s requirements.
3.3 Payment may only be made by credit card (only Amex, Mastercard and Visa accepted) or by any other method as agreed to between Sydney Tea and the User.
3.4 In the event an invoice is issued for payment for any reason then payment shall be due within seven (7) days of the date of the invoice.
3.5 Receipt by Sydney Tea of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
3.6 GST and other taxes and duties that may be applicable are included in the Price.
3.7 All Prices on our website are denominated in Australian Dollars.
Delivery of the Products
4.1 At Sydney Tea’s sole discretion delivery of the Products shall be deemed to have taken place when the Products is delivered to the User’s nominated delivery address (or picked up from an Australia Post Licensed Post Office (LPO) or Australia Post Post Shop).
4.2 Sydney Tea ‘s standard delivery method is Parcel Post service (or Express Post parcels at Sydney Tea’s sole discretion or if requested by the User), operated by Australia Post (see Australia Post's Terms and Conditions).
4.3 The User shall make all arrangements necessary to take delivery of the Products whenever tendered for delivery. In the event that the User is unable to take delivery of the Products at the nominated delivery address and for any reason Sydney Tea is required to redeliver the Products then Sydney Tea shall be entitled to charge a reasonable fee for the redelivery. Sydney Tea will instruct that the Products have the authority to be left at the nominated delivery address.
4.4 Any delivery time or date given by Sydney Tea to the User is an estimate only. The User must still accept delivery of the Products even if late and Sydney Tea will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
5.1 The User shall inspect the Products on delivery and shall within five (5) days of receipt of the Products notify Sydney Tea (by email) of any alleged defect, shortage in quantity, damage, or failure to comply with what was ordered.
6.1 Due to the nature of the Products, all sales are final and cannot be refunded under any circumstances.
6.2 All Products which are to be returned because of incorrect orders must be sent back to Sydney Tea within five (5) days from receiving the Products to Sydney Tea, and Sydney Tea will send out the User a new order. If for some reason Sydney Tea doesn’t have the required Products, (since Sydney Tea has limited inventories in each Product), it may be that the requested item is unavailable. In which event Sydney Tea will issue the User a full refund of the cost, minus the shipping cost. The User might still be charged an additional shipping cost if another size is re-sent at the sole discretion of Sydney Tea.
7.1 The User shall:
(a) immediately notify Sydney Tea of any damage to the Products that occurs once the Products are received.
8.1 Sydney Tea may cancel these terms and conditions or cancel the delivery of Products at any time before the Products is delivered by giving written notice. On giving such notice Sydney Tea shall repay to the User any sums paid in respect of the Price. Sydney Tea shall not be liable for any loss or damage howsoever arising from such cancellation.
Default and Consequences of Default
9.1 If the User owes Sydney Tea any money the User shall indemnify Sydney Tea from and against all costs and disbursements incurred by Sydney Tea in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Sydney Tea’s collection agency costs, and bank dishonour fees).
9.2 Without prejudice to any other remedies Sydney Tea may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire Sydney Tea may repossess the Products, or suspend or terminate the supply of Products to the User and any of its other obligations under the terms and conditions. Sydney Tea will not be liable to the User for any loss or damage the User suffers because Sydney Tea has exercised its rights under this clause.
9.3 Without prejudice to Sydney Tea’s other remedies at law Sydney Tea shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies Sydney Tea may have and all amounts owing to Sydney Tea shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Sydney Tea becomes overdue, or in Sydney Tea’s opinion the User will be unable to meet its payments as they fall due; or
(b) the User becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the User.
User Generated Content
For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant Sydney Tea a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Sydney Tea’s sole discretion. We reserve the right to change, condense or delete any content on our website that Sydney Tea deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. Sydney Tea does not guarantee that you will have any recourse through Sydney Tea to edit or delete any content you have submitted. Sydney Tea reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Sydney Tea, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Sydney Tea, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting any content to Sydney Tea, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- Use of the content you supply does not violate these Terms and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Sydney Tea (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
11.1 User acknowledges and agrees that Sydney Tea’s trademark shall remain the intellectual property of Sydney Tea at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of Sydney Tea.
12.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
12.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of Sydney, New South Wales.
12.3 Sydney Tea shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by Sydney Tea of these terms and conditions.
12.4 Sydney Tea reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Sydney Tea notifies the User of such change.
12.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
12.6 The failure by Sydney Tea to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Sydney Tea’s right to subsequently enforce that provision.
12.7 Unless otherwise specified, the User agrees that by sending or tagging photos of Sydney Tea’s products, Sydney Tea may use the images for promotional purposes including but not limited to print materials, social media platforms and newsletters.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
13.1 The User must inspect the Products on delivery and must within five (5) days of delivery notify Sydney Tea in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote.
13.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
13.3 Sydney Tea acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
13.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Sydney Tea makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Products. Sydney Tea’s liability in respect of these warranties is limited to the fullest extent permitted by law.
13.5 If the User is a consumer within the meaning of the CCA, Sydney Tea’s liability is limited to the extent permitted by section 64A of Schedule 2.
13.6 If Sydney Tea is required to replace the Products under this clause or the CCA, but is unable to do so, Sydney Tea may refund the cost the User has paid for the Products.
13.7 Subject to this clause 13, returns will only be accepted provided that:
(a) Sydney Tea has agreed that the Products are defective.
13.8 Subject to the CCA, Sydney Tea shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the User failing to properly maintain or store any Products;
(b) the User continuing the use of any Products after any defect became apparent or should have become apparent to a reasonably prudent user;
(c) fair wear and tear, any accident, or act of God.