|COOLFOODSTUFF Terms and Conditions
1. Welcome to COOLFOODSTUFF!
These terms and conditions apply to the purchase of COOLFOODSTUFF Pty Ltd (ABN 12 586 344 607) (“we, “our”, “us”) products and your use of our website.
By purchasing CFS products through our website and using our website, you are agreeing to these terms and conditions. Please read them carefully.
If you do not accept these terms and conditions, you must refrain from using the CFS website and purchasing our products. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the CFS website.
These terms and conditions are subject to Australian Consumer Law.
We may change these terms and conditions. Amendments will be effective immediately upon notification on the CFS website. Your continued use of either the CFS website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
3. Your Account
As a user of CFS products, you may establish an Account (“Account”). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur through your Account. CFS will not be responsible for any losses arising from the unauthorised use of your Account.
You agree to provide accurate and complete information when you register with, purchase and use CFS products, and you agree to update your registration data to keep it accurate and complete. You agree that CFS may store and use the CFS registration data you provide for use in maintaining and billing fees to your Account.
We may send you relevant promotional material based on your interests or recent purchases. You may unsubscribe at any time from our marketing materials. We always respect your privacy.
4. CFS online purchase procedure
4.1 Sale location
We sell our products within Australia and internationally. Shipping costs will vary for Australian and international sales.
4.2 Payment methods and processing
We currently accept PayPal, Visa, MasterCard, Apple Pay and Shopify Pay when available. We process payments after you submit your order.
4.3 Currency and GST
Our prices on our website are in Australian dollars and are inclusive of the goods and services tax (GST).
4.4 Shipping costs
The price of products on our website excludes shipping costs. Shipping costs will appear separately and may be influenced by the number of items you purchase and your location.
4.5 Weekends and public holidays
Orders placed on the weekend or a public holiday will be payment processed immediately, however we will only fill your order the next business day. Your order may take longer to dispatch during our promotional periods.
Business days are Monday through Friday in New South Wales excluding New South Wales public holidays.
4.6 Tax invoice and order tracking
We will email you a tax invoice. Your shipping confirmation email will contain a link so you can track your orders.
4.7 Your debit/credit card
By making a payment, you confirm that you are authorised to use the credit/debit card that you are using.
If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
4.8 Coupons and discount codes
Any coupons or discount codes, for example for free shipping or reduced prices, are valid at the time of order placement only and must be entered correctly for you to be eligible for the offer.
4.9 Purchase request information
When you purchase CFS products, you must supply your name, email address, bank card number, expiration month and year, CVC and any other purchase information as specified on our website.
4.10 Purchase request approval and rejection
After receipt of your purchase request, we will at our discretion accept or reject your offer to purchase. We may reject your purchase request at our discretion for a number of reasons including but not limited to insufficient funds in your bank account, if the product is out of stock or is withdrawn.
4.11 Delivery of CFS products to you
Important points about your purchase request:
(a) We are not required to give reasons for rejecting your offer to purchase CFS products.
(b) If we reject your offer to purchase our products for any reason, neither party will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
(c) Delivery of CFS products to you will be effected in the manner described on the CFS website.
(d) CFS products are offered for sale only to persons who can make legally binding contracts.
5. Cancellation due to error
5.1 Your error
You may cancel or change your order if it has not been packed in our warehouse. To do this, please contact us on email@example.com .
5.2 Our error
You acknowledge that despite our reasonable precautions, CFS products may be listed at an incorrect price or with incorrect information due to a typographical error or other oversight. In these circumstances, we reserve the right to cancel the transaction, even though your purchase has been confirmed and your bank card has been charged. If a cancellation of this nature occurs after your bank card has been charged for the purchase, we will immediately issue a credit to your bank account for the amount you were charged for the product(s).
6. Your consumer rights
You have certain rights under Australian Consumer Law. Our terms and conditions do not exclude your rights.
7. Security measures
To keep your Account safe, we may ask you to confirm your identity by confirming information that you have provided us is correct. We may do this by phone or email for example, when you have put through an order.
You if we need to confirm your identity, and cannot do this within seven days of you placing your order, we will cancel your order and process a refund.
8. Disclaimer of warranties: liability limitation
The following disclaimer of warranties and liability limitations apply subject to any rights you may have under Australian Consumer Law.
8.1 Service interruptions
CFS does not guarantee, represent, or warrant that your use of CFS will be uninterrupted or error free.
In addition to any other provision of these terms and conditions, CFS reserves the right to change, suspend, remove or disable access to any CFS products, content or other materials at any time. In no event will CFS be liable for making these changes. CFS may also impose limits on the use of or access to certain features of CFS or stop a CFS product or service altogether.
8.2 Your information
CFS will use reasonable efforts to protect information submitted by you in connection with your use and purchase of CFS products, but you agree that your submission of such information is at your sole risk, and CFS disclaims any and all liability to you for any loss or liability relating to such information in any way.
8.3 Viruses and security breaches
CFS does not represent or guarantee that the CFS website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and CFS disclaims any liability for these occurrences.
You must take your own precautions to ensure that the the way you access the CFS website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
9. Waiver and indemnity
By using CFS products, you agree, to the extent permitted by law, to indemnify and hold CFS, its’ directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless with respect to any claims arising out of your breach of these terms and conditions, your misuse of CFS products, or to the extent permitted by law any action taken by CFS as part of its investigation of a suspected violation of these terms and conditions or as a result of its finding or decision that a violation of these terms and conditions has occurred.
You agree that, to the extent permitted by law you cannot sue or recover any damages from CFS, its directors, officers, employees, affiliates, agents, contractors, principals and licensors as a result of CFS’s decision to remove or refusal to process any of your orders, to warn you, to suspend or terminate your access to CFS products or to take any other action during the investigation of a suspected violation or as a result of CFS’s reasonable conclusion that a violation of these terms and conditions has occurred.
10. Specific warnings
10.1 Australian law
Details contained on the CFS website relating to CFS products have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the CFS website concerning CFS products will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any services from the CFS website.
10.2 Accuracy of information and service offering
We do not give you any assurances that any information contained on the CFS website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
We do not accept responsibility for any loss suffered as a result of reliance by you upon the CFS products, the accuracy or currency of information contained on the CFS website.
Responsibility for the content of any advertisements appearing on our website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' services and each advertiser is solely responsible for any representations made in connection with its advertisement.
You agree to compensate us fully for any liabilities, claims expenses, damages and losses, including legal fees arising from your breach of these terms and conditions.
11. Intellectual property
You agree that the CFS service, website contains proprietary information and material that is owned by us, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for your use of the CFS website in compliance with these terms and conditions.
12. Termination for breach of terms and conditions
If you fail, or CFS suspects that you have failed, to comply with any of the provisions of these terms and conditions, CFS, at its sole discretion, without notice to you, and without waiving your liability for all amounts due under your Account, may:
(a) terminate your Account; and
(b) prevent you from creating another Account with us.
The CFS website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, services or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
15. Governing law
These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in that state.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
You may not assign any rights and obligations under these terms and conditions whether in whole or in part without our consent.
17. Acceptance of terms and conditions
By returning to our website after reading these terms and conditions, you acknowledge that you have read, understood and accept the above terms and conditions.