Terms & Conditions
Here's the Nitty Gritty
1.1 This site is provided by Orange Kite Pty Ltd TA Argyle Australian Saffron, ABN 34 614 811 362. 270 Boree Lane. Lidster. NSW. 2800. (“us” or “we”).
1.2 Read these terms and conditions before accessing or using the Site.
1.3 Access to and use of the Site, including your order of Products through the Site, is automatically subject to these terms and conditions.
2 Compliance with the Terms & Conditions
2.1 You agree to bound by, and comply with, these terms and conditions:
(a) by completing your registration through the Site; and
(b) using the Site to obtain Products from us.
3.2 You may update, edit or terminate your account at any time through the Site.
4 Placing an order for Products
4.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
4.3 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
5 Acceptance or rejection of an order
5.1 We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
5.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
5.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
6 Delivery of Products
6.1 We will deliver the Products via Australia Post to your Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.
7 Risk and title
7.1 Risk in the Products passes to you on the date and time of delivery to the Delivery Address or at the time of collection from Argyle Australian Saffron. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products;
(b) delivery of those Products to the Delivery Address; and
(c) collection of those Products from Argyle Australian Saffron
8 Cancelling an order
8.1 We may cancel an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that order are not available; or
(b) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or
(c) that order has been placed in breach of these terms and conditions.
8.2 If we cancel an order where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If any payment has been taken for the cancelled order, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means.
(b) clause 8.1(c) (where you are in breach of these terms and conditions): we will provide you with reasonable notice of that cancellation. If your order is cancelled before the day of delivery or collection, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means.
9 Fees and charges
9.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery fee provided to you at the time you selected the relevant delivery window when placing your order (“Delivery Fee”); and
(c) any other fees and charges set out in these terms and conditions.
9.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable and are charged in Australian dollars.
9.3 The purchase price of each Product is shown on the product list on the Site at the time you place your order.
9.4 You acknowledge that:
(a) we are not required or obliged to match any prices for any Products.
9.5 Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
9.6 If a Product that you have ordered is not available and we have not provided you with a substitute then we will provide you with a refund back within 3-5 business days to your card of purchase to the value of the Products that were not supplied to you.
10 Payment methods
10.1 You must pay the fees and charges online using the online payment methods in clauses
10.2 We accept the following credit cards through PayPal:
10.3 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
10.4 We will provide you with a receipt at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the order and the out of stock products including the dollar value refunded to your card of purchase.
11 Missing items in delivery
11.1 You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
11.2 If there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a refund to your on-line account for the Products that were not supplied.
In all other circumstances, you may contact Customer Service on 02 53111844 during Contact Hours within 24 hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, then we will (at your option): (i) provide you with a refund within 3-5 business days for the Products that were charged but not delivered to you; or (ii) arrange for a re-delivery of the missing item at an agreed time.
12.1 If you wish to return a Product that was provided to you under these Terms and Conditions, because it is defective, then you may:
(a) return that Product; or
(b) contact our Customer Service by telephone within 24 hours of the delivery time to make arrangements to return that Product. In this instance, you may return the Product to us. Upon confirmation that the good/s have been received we will refund your account within 3-5 business days. You must provide us with the Tax Invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may reject or deny your claim.
13 General restrictions
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us.
15.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
15.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Argyle Australian Saffron liabilities under those provisions:
(a) you acknowledge that each Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
(c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or willful misconduct.
15.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
17 Intellectual property rights
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
17.2 You may:
(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
18 Changes to these terms and conditions
18.1 We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
18.2 If you have an order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
19.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
19.2 This agreement is governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
19.3 Argyle Australian Saffron attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
Capitalised terms used are defined in these terms and conditions. In these terms:
‘Contact Hours’ means Customer Service operating hours, Monday to Friday 9.00 am to 5.00 pm Australian Eastern Daylight Time.
‘Delivery Address’ means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions. In the case of delivery to a remote area via a courier, ‘Delivery Address’ means the address of the courier to which we deliver the Products.
‘GST’ has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).
‘Product’ means each good or service that is advertised on the Site.