SPICES STANDARD TERMS OF SALE
These Standard Terms of Sale (Terms) govern the sale of products by Spices Pty Ltd (ABN 74 628 267 774) (Spices/us/we) to you.
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER FOR PRODUCTS SOLD BY SPICES ON THIS WEBSITE. BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS.
2. Electronic Communications
By placing an order online, you consent to receiving emails from us to complete the ordering process, for example to confirm your order and to provide delivery updates.
You consent to receiving communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.
3. Ordering a Product:
When you place an order to purchase a product/s from us your order is an offer to us from you to buy the products set out in the order.
Once you place an order we will send you a message confirming receipt of the order which will contain details of your order (Order Confirmation). The Order Confirmation is an acknowledgement that we have received your order. It does not confirm our acceptance of your offer to buy the products ordered. We only accept your offer and conclude the contract of sale for a product ordered by you, when we dispatch the product/s to you and send an e-mail confirming that we have dispatched the product to you (Sale Confirmation). If your order is dispatched in more than one package, you may receive separate Sale Confirmations for each package, and each Sale Confirmation will conclude a separate contract of sale between us for the product/s specified in that Sale Confirmation.
You consent to receive sales invoices electronically. Electronic invoices will be made available by PayPal as all payment for orders will be processed by PayPal.
Please note that we sell products only in quantities which correspond to the typical needs of an average household and may refuse orders for quantities that exceed this. This applies both to the number of products ordered within a single order and the placing of several orders for the same product.
International Orders: We currently only ship products to places within Australia and therefore do not ship products to other countries. We may at any time and without notice to you expand or limit the countries to which we ship orders.
4. STATUTORY RIGHTS AND REMEDIES
Our Returns Policy can be found at https://www.charmainesolomon.com/terms-and-conditions and applies in addition to other rights and remedies that you may have under law including under the Australian Consumer Law.
5. PRICING AND AVAILABILITY
To the extent that any of the products on our website are eligible for GST, the prices for those products are inclusive of GST.
Despite our best efforts a small number of items listed on our website may be mispriced. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before shipping the product to request whether you want to buy the product at the correct price or cancel the order. If a product’s correct price is lower than the price listed on our website, we will charge the lower amount and send you the product.
Although we use reasonable efforts to ensure that products listed on our website are available for sale, we cannot guarantee any product’s availability when you order that product from us. As we process your order, we will inform you by e-mail as soon as possible if any products you order are unavailable and you will not be charged for those products.
Where products are unavailable any sum debited from your account which is associated with the unavailable product will be refunded. The refund will be made as soon as possible via the PayPal portal. Spices will not be obliged to offer any additional compensation or to supply the goods in this situation.
6. DELIVERY TIMES
Unless otherwise stated on the website or in any Sale Confirmation, delivery estimates and dates are estimates. We cannot guarantee delivery times and you should not rely on delivery estimates provided by us. Please see our Shipping Policy which can be found at https://www.charmainesolomon.com/terms-and-conditions .
7. PRODUCT INFORMATION
Spices is not the manufacturer of products sold on this website. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. Importantly the sale of products to you under these Terms is not a sale by description.
All information about products on our website is provided for information purposes only and our sole liability in the event that any incorrect product information is displayed on our website will be to accept a return of the product in accordance with our Returns Policy (which can be found here https://www.charmainesolomon.com/terms-and-conditions ), and your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us.
Spices accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
When ordering products from us for delivery outside of Australia you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customer clearance must be borne by you, we have no control over these charges. Custom policies vary from country to county and it is suggested that you contact your local customs offices for further information before ordering products from Spices.
Please note that when ordering products from Spices for delivery outside of Australia you will be considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. In addition cross-border deliveries are subject to opening and inspection by customs authorities.
9. DISCLAIMER AND LIABILITY
Unless otherwise stated in writing, Spices disclaims, and does not make, any representation or warranty of any kind in respect of any products we offer on the website or that you may order from us. Spices will not be responsible for:
(i) Any loss arising from the unavailability of any product;
(ii) Any losses that were not caused by a breach of these Terms by us;
(iii) Any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure that you may suffer;
(iv) Any indirect or consequential losses that you may suffer; or
(v) Any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
Unless otherwise stated in writing our liability to you for any loss arising from or relating to the offer or sale of any product by us on this website is limited to a refund of the relevant amount paid by you for the product, including any applicable shipping fees.
Any disclaimer, exclusion or limitation provided in these Terms applies to the full extent permitted by law and is subject to any non-excludable right or remedy. Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law.
10. APPLICABLE LAW
The laws of New South Wales, Australia govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to these Terms will only be adjudicated in the courts of New South Wales, Australia. Each party consents to the exclusive jurisdiction and venue of these courts. The United Nations Conventions on Contracts for the International Sale of Goods (CISG) and any local laws implementing the CISG do not apply to these Terms.
We reserve the right to make changes to our website, these Terms, our policies and our product listings at any time by posting the changes on our website. You will be subject to the Terms of Sale and policies available on the site at the time that your order products from us.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Terms and we take no action to enforce rectification of that breach, we will still be entitled to use our rights and remedies set out in these Terms in any other situation where you breach these Terms.
14. ADULTS TO USE SITE
Only people over the age of 18 may use this website to order products from us. When you order a product from us you are representing that you are over the age of 18.