Terms & Conditions of Sale
The BeanRoasters Online Order System is operated by Cosmorex Coffee Pty Ltd ABN 33 734 456 506, trading as Cosmorex Coffee Pty Ltd and/or its authorized agents. In these Terms and Conditions of Sale (“Conditions of Sale“), “we” or “us” means Cosmorex Coffee and/or its authorized agents, and “you” means the person, organisation or entity that purchased the products or related services from us. Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you.
We sell some products and services under agency agreements. These include products from the following brands: Breville, Jura, Melitta, Mazzer, La Marzocco, Rancillo, BFC srl, Fiorenzato, MACAP and Sunbeam. If you are buying products from these manufacturers, you will be subject to their terms and conditions of sale, which will prevail over these Conditions of Sale to the extent of any inconsistency. Please refer to the terms and conditions of sale for the products by these brands.
1. Order and Availability
- 1.1 When you have ordered a product from us by paying a deposit or by paying for the product in full, a binding agreement will come into existence between you and us. Only these Conditions of Sale will apply in relation to the supply of the product. If you wish to cancel your order we ask that you advise us at least three (3) business days before your scheduled delivery date and you will receive a full refund subject to these Conditions of Sale. Custom made or special buy in products are not refundable if you change your mind.
- 1.2 All stock availability as represented by our sales team is accurate in accordance with our current stock levels, however, if, for any reason, we cannot supply a product you have ordered, we will let you know using the details provided by you to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
2. Price and Payment
- 2.1 The price payable for a product is the one set out on our website or advertised by us over the phone at the time you place your order. All prices are inclusive of GST. Subject to clause 5.6, we make every effort to ensure prices and product information on our website or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.
- 2.2 We accept payment by VISA, Mastercard credit cards, Paypal and direct bank deposit or via credit facilities provided by Once Finance. For our commercial only customers ie café’s we can offer to approved customers our Rent, Try, Buy Silver Chef Lease program. Payment in full is required prior to dispatch of the goods or services.
- 2.3 Your credit card details will be encrypted to minimize the possibility of unauthorized access or disclosure. Whilst we employ the latest technology and use Paypal’s Payflow secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorized manner by a third party.
- 2.4 If you would like to redeem a gift voucher for payment or partial payment of your ordered products or services, you must enter the gift voucher details during the checkout process or inform our sales or customer service team when placing the on-line order via phone. Products purchased with a gift voucher cannot be returned in exchange for cash. Use of a gift voucher is subject to our Gift Voucher Terms and Conditions.
- 2.5 Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.
- 3.1 We deliver products using local and national shipping agents. Shipping costs are influenced by the size and weight of the product, and your location. Exact shipping costs are calculated in the shopping cart (with the exclusion of heavier and bulky items such as equipment which may require a separate quotation and you will be emailed a quote for shipping in this case). This will be added to the order total before checkout. Orders are generally dispatched within 2 business days if the items are in stock. Shipping times are estimated at between 2 – 5 business days depending on your location, and the freight company. Deliveries will be made to residential or business addresses during normal business hours Monday to Friday. We do not deliver to P.O Box addresses. Please nominate any special delivery instructions with your order. In the case of heavy equipment ie Commercial Espresso Equipment the equipment maybe palletized by us and you need to specify if you have a forklift or if you need special transport which may include a tailgate lift. It is your responsibility to specify special delivery requirements. Please note, re-directions and/or re-deliveries are at the purchasers cost in all circumstances.
- 3.2 Depending on your location and the goods ordered we may deliver the products via a range of delivery methods. All deliveries must be signed for, depending upon which delivery method we use:
- (a) delivery by our contracted courier company or directly by the manufacturer – if neither you nor your authorised representative is at the delivery address to take delivery, the courier company or the manufacturer will leave a card with our contact details so that you can contact us to arrange another delivery time and date; and
- (b) delivery by Australian Post – if neither you nor your authorised representative is at the delivery address to take delivery, an “Article Awaiting” card will be left at the delivery address and your order will be taken to the Australian Post Office suitable to store the product until you are able to go and pick it up. In these circumstances our obligation to deliver the product to you is satisfied when the “Article Awaiting” card is left at the delivery address.
- 3.3 We are not responsible for the delivery times of products. Once products are dispatched, it is the customers responsibility to liaise with the nominated delivery company (as notified to the customer) in relation to date and time of delivery. We shall not be liable for any inaccuracy of information provided to customers relating to the date and time of delivery.
- 3.4 Where a customer gives written authority for products to be delivered without a signature, any and all included insurance cover and liability to us will be voided.
4. Title and Risk
- 4.1 Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
- 4.2 You acknowledge and agree that clause 4.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA. If chapter 4 of the PPSA would otherwise apply to the enforcement of the security interests created under these Terms and Conditions, the buyer agrees that sections 95, 120, 121(4), 125, 128, 129, 130, 132(3)(d), 132(4), 134(1), 135, 142 & 143 of the PPSA will not apply.
5. Warranties and Limitation of Liabilities
- 5.1 Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL“) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL, the following notice applies to you:
“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees“). You are entitled to a replacement or a refund for a major failure and for 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.”
- 5.2 Your product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. However, you should check the manufacturer’s warranty carefully as many manufacturers’ warranties will not apply in a business or commercial setting. Please refer to the relevant manufacturer’s warranty if you would like to make a claim or alternatively contact our Customer Services Department on (02) 6280 7511. Please refer to clause 10 if you need to arrange for returning the goods to us.
- 5.3 You may also purchase a Customer Care Plan or Extended Warranty (not available on all products) at the time you buy your product. Please ask our customer services department about products available and your rights under this plan. Such rights are in addition to but may overlap with any rights and remedies you may have under applicable laws including any Consumer Guarantees. The cost of the Customer Plan/Extended warranty payable by you does not include any cost for benefits which overlap with your ACL rights.
- 5.4 Subject to this clause 5, and to the extent permitted by law:
- (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;
- (b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
- (c) our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
- 5.5 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
- 5.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
6. Computer hardware and software as it applies to some equipment – special conditions
- 6.1 All software provided with our products or sold separately to you is subject to the terms and conditions of the licence agreement relating to that software. You acknowledge your obligation to comply with the terms of such licence agreements.
- 6.2 All rights, title or interest in respect of the intellectual property rights in the software remain with us or the licensor of the software.
7. Online Returns and Refunds Policy
- 7.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by the statute including the Australian Consumer Law.
- 7.2 If the fault is deemed a manufacturing fault, if returned within 14 days of finding the fault we will repair or replace the item for manufacturing defects in material or workmanship. We will choose whether to repair or replace.
- 7.3 In order to facilitate a return under the returns policy, please contact our Customer Service Team on (02) 6280 7511 or email firstname.lastname@example.org. The customer must comply with directions from our Customer Service Team to facilitate a return. We must be given appropriate notification of any returns before they are sent. This includes returns brought into our store. If you think there is a fault with an item you have received, please let us know by contacting the Customer Service Team or emailing email@example.com. Please include your invoice number, the product code, the problem with the goods and a photo of the goods showing the suspected fault.
- 7.4 Returned Products under the returns policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition and must be accompanied with proof of purchase (tax invoice/receipt). Bank Statements will not be accepted.
- 7.5 Subject to clause 5 you will have to pay a restocking fee or 20% of the purchase price to cover our returns and restocking costs.
- 7.6 Subject to clause 5 we will not accept for return any product that has been used or installed or where you have attempted to install it, or if your product is custom-made or is a special buy product. If your product is eligible for return pursuant to clause 5, please contact our Customer Service Team or email firstname.lastname@example.org
- 7.7 Goods and equipment purchased from us becomes your responsibility once it leaves our warehouse. Please choose to insure your equipment purchase during transportation. Equipment damaged during transit cannot be returned for replacement, refund or repair under warranty. Where you are returning a product to us, we take no responsibility for a product lost in transit.
- 7.8 It is your responsibility and at your cost to deliver the product or equipment to, and dispatch from our service centre/warehouse at Cosmorex Coffee Pty Ltd (ABN: 33 734 456 506) at 47 Kembla St, Fyshwick ACT 2609.
- 7.9 If you are entitled to a product replacement or repair under warranty we will only give you product replacement or book the product into our service centre once we have received the product at our warehouse and inspected it and assessed whether it is eligible under these Conditions of Sale.
- 7.10 Consumable products such as coffee beans, raw green beans, paper cups or any other ancillary products are not subject to warranty claims.
8. Repair of Products
- 8.1 If you return a product to us for repair (or replacement) and the product is capable of retaining user generated data, the repair (or replacement) of the product may result in the loss of the data. User generated data include files on computer circuits or electronic product settings, as part of the equipment specifications. We will not be responsible for any data you may leave on the product and we require you to back up your data before returning a product to us for repair.
- 8.2 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods if new parts are no longer available.
- 8.3 We make every reasonable effort to ensure the reasonable availability of spare parts for products and equipment we directly import which we consider generally corresponds with the length of the standard warranty and/or extended warranty period (1, 2, or 3 as the case maybe). For our 3rd party products we are reliant on spare parts from our suppliers and the availability of spare parts is out of our control. We are not liable if we are unable to provide spare parts either on a temporary or permanent basis.
- 8.4 Repair of coffee equipment is a specialized trade and the turnaround time of repairs can vary greatly depending on spare parts availability, policies & procedures of manufacturers and extended warranty companies. We aim to repair all equipment in our workshop as quickly as possible but sometimes lead-times of up to 3 weeks are not uncommon. Warranty claims are always given priority.
- 8.5 In some instances with electronics, an exact quote can be difficult to determine. Until the current fault is repaired, we may be unaware of other faults. In this case a requote will be given if more parts are required to repair the equipment.
9. Force Majeure
- 9.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of least 3 months, we may terminate our agreement with you by giving you 5 business days written notice.
- 10.1 These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
- 10.2 We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
- 10.3 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.
- 10.4 We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
- 10.5 You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
- 10.6 Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
- 10.7 If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
- 10.9 Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.
- 10.10 These Conditions of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.