The information contained within this document relates to the TWO RIVERS GREEN TEA Australian online store, trading under TWO RIVERS GREEN TEA PTY LTD.
Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.
Definitions & Application
1. In these Terms of Trade, “TWO RIVERS GREEN TEA” means WJ Leckey (ABN 76 797 551 342) trading as TWO RIVERS GREEN TEA, ‘you’ means the organisation or individual who is ordering product on the website, and the “Products” means the TWO RIVERS GREEN TEA products which may be ordered on the website.
2. These Terms of Trade apply to any purchase of any Products by you from this website which are delivered in Australia or New Zealand.
Shipping Fee
The Shipping Fee will be in accordance with the postage fee charged by Australia Post for the weight of the goods purchased.
Delivery
The Delivery time will be:
1. Where the Order is to be delivered to an Australian address, TWO RIVERS GREEN TEA will:
a. use reasonable endeavours to deliver the Order within 4 working days (Monday-Friday excluding official public holidays) from the date the Order was submitted by you; and
b. send the Order by Australia Post as registered mail.
2. Where the Order is to be delivered to a New Zealand address, TWO RIVERS GREEN TEA will:
a. use reasonable endeavours to deliver the Order within 7 working days from the date the Order was submitted by you; and
b. send the Order by Australia Post as registered mail.
3. You will be required to sign for all deliveries made by Australia Post registered mail and couriers.
4. In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.
Risk Of Loss
All items purchased from TWO RIVERS GREEN TEA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Orders
1. To submit an order for Products (Order), you must:
a. select your chosen product(s) via the TWO RIVERS GREEN TEA “The Tea Shop” page; and
b. enter your mailing address and credit card details via the TWO RIVERS GREEN TEA secure shopping cart.
2. TWO RIVERS GREEN TEA reserves the right to refuse any Order. In such case, TWO RIVERS GREEN TEA will notify you as soon as reasonably practicable and refund to you any payment in full.
3. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; TWO RIVERS GREEN TEA reserves the right to take legal action against unauthorised and unofficial sale of goods.
Prices & Payment
1. All prices on the website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice.
2. The amount payable to TWO RIVERS GREEN TEA for an Order (Order Amount) will be the total of the following amounts:
a. except for New Zealand, the sum of the price of each Product ordered as Indicated on the website at the time of submitting the Order (Product Subtotal);
b. the cost of delivery determined in accordance with Delivery stated above, and
c. the sum of any other fees which TWO RIVERS GREEN TEA levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).
3. Where the Order is to be delivered to a New Zealand address, the amount of GST will be deducted from the price of each Product ordered.
4. You must pay the Order Amount by credit card at the time of submitting the Order. TWO RIVERS GREEN TEA accepts Visa and MasterCard,.
5. Where the Order is to be delivered to a New Zealand address, you may need to pay customs charges to the New Zealand government in addition to the Order Amount. While TWO RIVERS GREEN TEA provides no advice on what these charges may be, to help you understand the possible custom charges that you may incur you may wish to visit www.customs.govt.nz.
Gift Wrapping
TWO RIVERS GREEN TEA will gift wrap the products you have purchased at no additional cost if you can send your request to [email protected]
Liability
1. Without limiting TWO RIVERS GREEN TEA’s legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, TWO RIVERS GREEN TEA reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:
a. withhold supply and dispose of the Products requested in the Order, and/or
b. refuse to deal further with you, and TWO RIVERS GREEN TEA will not be
liable to you for any loss or damage directly or indirectly resulting from any such action.
2. To the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.
3. Subject to the following “No Warranty” clauses and to the fullest extent permitted by law, the liability of TWO RIVERS GREEN TEA for any loss or damage suffered by you as a result of TWO RIVERS GREEN TEA breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.
No Warranty
1. Subject to the following clauses and to the fullest extent permitted by law, TWO RIVERS GREEN TEA gives no warranty in respect of the Products.
2. For consumers the Products come with non-excludable warranties and guarantees under consumer protection legislation, such as that TWO RIVERS GREEN TEA is the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If TWO RIVERS GREEN TEA breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss.
3. You may also have express rights of action against TWO RIVERS GREEN TEA under consumer protection legislation if TWO RIVERS GREEN TEA supplied defective Products to you that cause you injury, loss or damage.
Refunds & Returns
Only items purchased on the TWO RIVERS GREEN TEA website can be returned to www.tworiversgreentea.com.au for refund or exchange. Items purchased in a department store, specialty retailer or elsewhere must be returned to their original point of purchase.
Should you make an error when ordering online, TWO RIVERS GREEN TEA will gladly exchange your item for the item you intended to purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the shipping and additional postage charges and it must be returned within seven (7) days of receipt of purchase.
In the unfortunate event that you react to a product, you have the option of exchanging or refunding it. All items must be returned to TWO RIVERS GREEN TEA at 150 Connellys Creek Road, Acheron, Victoria 3714. The customer is responsible for the shipping costs incurred when sending the items back to TWO RIVERS GREEN TEA.
Should an item be damaged while we are shipping it to you, TWO RIVERS GREEN TEA will provide you with a full refund or exchange. Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment. In all cases, original proof of purchase must be provided and products must be returned within seven (7) days of receipt for TWO RIVERS GREEN TEA to process any refund or exchange. Please telephone 03 5772 2089 or email [email protected] in advance of your intentions to return or exchange a product, so that the TWO RIVERS GREEN TEA team can assist you with a smooth transaction.
Please retain your postal receipt from Australia Post until you are certain TWO RIVERS GREEN TEA has safely received your parcel. We may need to see this if we fail to receive your package.
We will do our best to process returns within five (5) business days of receipt and a reimbursement will be issued in the original form of payment.
Force Majeure
If TWO RIVERS GREEN TEA is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, TWO RIVERS GREEN TEA will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
GST
1. Where TWO RIVERS GREEN TEA makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, TWO RIVERS GREEN TEA will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.
2. In these Terms of Trade, ‘GST’ means the tax payable on Taxable Supplies under the GST Legislation, ‘GST Legislation’ means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and ‘Taxable Supply’ has the meaning given to it in the GST Legislation.
General
1. If any provision of these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).
2. To the fullest extent permitted by law, these Terms of Trade together with the Order (as accepted by TWO RIVERS GREEN TEA), the Terms & Conditions Of Use on the website and TWO RIVERS GREEN TEA’s Privacy Policy constitute the whole agreement between the parties and supersede all prior discussions and agreements between them.
3. Orders and these Terms of Trade will be governed by the law applying in the State of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Trade.