Terms & Conditions
Terms of Contract
Natural Macadamia (the 'Company') sells the goods listed on this website ('Goods', which includes all or any of such Goods) exclusively upon the terms set out below (the 'Terms'). The 'Customer' shall refer to any person, firm, company or other organisation placing an order for any Goods. The placing of an order or acceptance of the Goods is deemed to constitute an agreement to observe and be bound by the Terms and any concession, latitude or waiver that may be or may not have been allowed by the Company at any time shall not prevent the Company subsequently exercising its full rights under the Terms.
Orders and Availability of Goods
The Goods are offered subject to availability at the time the Company receives the Customer's order.
The Company reserves the right not to accept a Customer order if it is unable to obtain authorisation for payment, that shipping restrictions apply to particular Goods, that the Goods ordered are out of stock, or if the Goods do not satisfy the Company’s quality control standards and are withdrawn.
If the Customer cancels an order already accepted by the Company then the Company shall be entitled to terminate the contract with immediate effect and to dispose of any goods as it may determine and the Company reserves the right to retain or recover from the Customer a minimum handling fee of 50% of the total price of such goods (including GST) which shall be paid by the Customer within 15 days of the date of invoice.
Prices quoted are subject to change without prior notice to the Customer. Unless otherwise agreed Goods will be invoiced at the prevailing price at the date of each order.
Prices given by the Company include Goods and Services Tax (GST). Goods supplied outside Australia will be subject to the appropriate International GST rules applying to the transaction and its destination.
Delivery and Shipping
Delivery dates specified in any acknowledgement of order or elsewhere are approximate only and are not of any contractual effect and the Company shall not be under any liability to the Customer in respect of any failure to deliver on any particular date or dates. Unless otherwise expressly agreed the Company may effect the delivery in one or more shipments. Each shipment shall be treated as a separate contract.
Delivery of each order shall be to a single address as advised by the Customer unless otherwise agreed by the Company. Goods are dispatched by the Company’s carrier, the cost of which is born by the Customer, unless otherwise specified. Goods dispatched by special delivery of whatever kind at the Customers request are subject to a delivery surcharge.
If the Customer refuses or fails to take delivery of the Goods ordered the Company shall be entitled to terminate the contract with immediate effect or to dispose of the Goods as it may determine and the Company reserves the right to retain from the Customer 100% of the total price of such goods (including GST).
Payment Terms and Overdue Accounts
The Company requires orders to be paid for in full at the time of placing the order and prior to dispatch. No order will be accepted until receipt of the full payment has been made. Payment can be made by PAYPAL, credit or debit card, or direct deposit to the Company’s bank account.
Without prejudice to any other right of the Company, interest will be charged both before and after any judgment on all sums owing to the Company which are overdue at the rate of 2% per month or part thereof from the date such sums became overdue until the Company receives payment in full thereof together with such interest.
Without prejudice to any other right of the Company, the Company reserves the right to withhold delivery of all Goods to the Customer if any sum owing to the Company from the Customer is overdue until such sum is paid in full together with any interest due thereon.
The Company reserves the right to negotiate independent settlement terms for any new accounts or where special circumstances prevail. These terms are to be agreed in advance and confirmed in writing.
The Company reserves the right to revise the amount of credit allowed to the Customer.
Shortages, Damage, Returns
Shortages and damages in transit must be notified to us no later than 3 working days after receipt of the Goods. The Company will not accept any claims after this time.
Goods must be signed for as damaged, parcels pilfered or broken open. Generally signing as "not examined" will not be concise enough or sufficient to make a claim. Non delivery of Goods must be notified to us within 5 days of notification of dispatch. Failure to adhere to these terms may jeopardise any claim with our carriers.
The Company shall be under no obligation to accept returned Goods (unless such Goods breach any warranty or are found to be faulty) but may in its absolute discretion do so by prior agreement with the Customer. If the Company does so agree then the Customer must return such Goods at its own cost and provide the Company with details of the relevant invoice. The Company reserves the right to retain a handling charge of 30% of the invoiced value of the returned Goods.
For the avoidance of doubt the Company shall not be responsible for the acts or omissions of any carrier.
The Company shall not be liable to the Customer for any inability to perform or delay in performing any of its obligations where such inability or delay is caused (directly or indirectly) by any event or circumstance beyond the Company's reasonable control including (but without limitation) any trade dispute, strike or lock-out involving its own employees or the employees of any supplier or carrier.
Warranty and Liability
The Company gives no warranty and makes no representation, express or implied as to:
a/ the adequacy or appropriateness of the Goods for the Customer’s purpose,
b/ the correctness of any content on the Company’s website published by someone other than the Company,
c/ any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used,
d/ the compatibility of the Company’s website with Customer equipment, software or telecommunications connection.
In the event that, notwithstanding the preceding provisions of this Clause 8, the Company is found liable for any loss or damage suffered by the Customer, that liability shall in no event exceed the amount paid by the Customer to the Company, excluding GST, for any Goods the Customer has purchased.
Notwithstanding anything else contained in these Terms, in no circumstances shall the Company be liable to the Customer, either in contract or in tort, for any indirect, incidental or consequential loss suffered by the Customer on account of any act or omission on the part of the Company. 'Consequential loss' shall include loss of profit, goodwill or any other financial loss, any payment made or due to any third party, and any loss of damage caused to any property belonging to the Customer or any third party.
The Customer agrees to indemnify the Company against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of the Customer’s use of the Company website, including the Customer posting any Material, or the infringement by the Customer, or by any other person using the Customer’s computer, of any intellectual property or other right of any person
Risk and Title
Risk in the Goods shall pass to the Customer at the time the Goods are consigned to the carrier for delivery to the Customer.
Notwithstanding delivery and the passing of risk in the goods, title and property in the Goods including full legal and beneficial ownership shall remain with the Company until the Company has received cleared funds payment in full for all Goods delivered to the Customer under this and all other contracts between the Company and the Customer, for which payment of the full price of the Goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the Customer under which the Goods were delivered.
The Customer agrees that it will not, and will not allow any other person to violate or attempt to violate any aspect of the security of the Company’s website.
The Customer may not use any software tool for the purpose of extracting data from the Company’s website.
The Customer acknowledges and understands that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
The Company’s website utilises cookies. The Company will not collect personal information without a Customer’s knowledge nor will it re-sell or distribute any site visitor’s data.
The Customer shall not assign any benefit or burden of these Terms.
The clause headings in these Terms are for ease of reference only and shall not affect their interpretation.
The Company shall be entitled to despatch goods comprised in an order by one or more installments and to issue an invoice in respect of each such installment. If at any time Goods remain un-despatched the Company shall be entitled by notice in writing to cancel the remainder of the order and neither party shall be under any obligation to the other following such cancellation.
No variation or addition to the Conditions will be recognised by the Company unless accepted and confirmed by the Company in writing.
These terms shall be governed and construed in accordance with the laws of Australia to the non-exclusive jurisdiction of whose courts the Customer agrees to submit.
THESE TERMS CANCEL ALL PREVIOUS FORMS AND CONDITIONS OF SALE ALREADY IN CIRCULATION.
1st September 2019