Website Policy Document

1.      Shipping

We deliver to all States and Territories of Australia using various carriers. Prices are set by our carriers and are quoted to you prior to confirmation of your order on our Website.

We aim for our products to be delivered in a timely fashion. Generally our products are delivered anywhere in Australia within seven business days of the order being processed. In order to prevent delay in delivery of the products we ask that you ensure somebody is present at the time of delivery as our carriers require our products to be signed for at the time of delivery.

2.       Returns

Coffee with a Vision is 100% committed to your satisfaction. If the products you have received are damaged or not what was ordered please contact us on (02) 4272 0222 within seven days of delivery. Coffee with a Vision will attempt to resolve any problems as quickly as possible.

Please make sure that you keep a copy of your tax invoice as proof of purchase and the original packaging of the products. 

3.      Payments and Security

We currently only accept payment though our Website by credit card.

When making payment by credit card your payment is processed by our Third Party service provider. Your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption which is approximated to take at least one trillion years to break, and is the industry standard.

Coffee with a Vision does not store any customer credit card details and will not be held liable for any loss arising from payments made by credit card.

If you have any questions regarding our payment and security policy, please contact our customer support centre by phone (02) 4272 0222 or email coffee@flagstaffgroup.com.au.

4.      Currency

All prices indicated on our Website are shown in Australian Dollars (AUD) and all transactions are processed in AUD.

5.      What happens if your order can't be fulfilled?

In the event that we are unable to fill your order we shall contact you as soon as is reasonably practicable. Should you not wish to purchase any substitute products we shall arrange for your payment to be reimbursed.

6.      Privacy Policy

Privacy Statement

The Flagstaff Group Limited (ABN 53 000 551 575) and it's operating divisions (Flagstaff) consider privacy to be an important right. To this end, Flagstaff is committed to pursuing world best practice policies and procedures in how it deals with customer and employee personal information. We will only collect personal information for specific purposes such as responding to enquiries, keeping customers informed of upcoming events and products, and assisting us in improving our service to you. No personal information will be disclosed to other parties without your consent and you have the right to access and alter any personal information about you that Flagstaff may hold.

Any enquiries you may have regarding this matter should be referred to:

The CEO
The Flagstaff Group Limited
PO Box 6125
Wollongong NSW 2500
Phone (02) 4272 0222
Fax (02) 4271 8419
Email: ceo@flagstaffgroup.com.au

 

Coffee with a Vision's products are sold in accordance with our terms and conditions of sale available on our Website. In the event that these policies differ to our terms and conditions of sale, our terms and conditions of sale shall prevail.

 

Terms of Use

1.      Operation and Use of the Website

1.1      This Website is owned and operated by The Flagstaff Group Limited (ABN 53 000 551 575) trading as Coffee with a Vision under the domain name www.coffeewithavision.com.au.

1.2      These terms of use govern your use of the Website. By accessing any of the Website you agree to observe these terms of use.

1.3        Although Coffee with a Vision has made every effort to ensure that information is free from error, we do not accept any responsibility for any errors or omissions in the information on the Website.

1.4        Coffee with a Vision does not guarantee that the Website is free from viruses, or that access to the Website will not be interrupted.

2.       Variation in Terms and Conditions

2.1      These terms of use may be varied by Coffee with a Vision at any time and the varied terms shall be published on the Website.

2.2      It is your responsibility to inform yourself of any changes to these terms of use. 

2.2      By accessing the Website after any variation of the terms of use, you are deemed to have agreed to comply with the varied terms of use.

3.      Products

3.1      Some of the material on the Website contains general information about Coffee with a Vision's products.  Unless expressly stated otherwise, this information:

(a)      Does not constitute an offer or inducement to enter into a legally binding contract; and

(b)       Does not form part of the terms and conditions of sale for our products.

4.      Payment

4.1      The Website and all material set out on the Website is owned or licensed by Coffee with a Vision.

4.2      Except where necessary for viewing the material on this Website on your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these terms of use, nothing on the Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without Coffee with a Vision's prior written consent. 

5.      Indemnity

5.1      Subject to clause 6, you hereby agree to indemnify and hold Coffee with a Vision free from any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to your use of the Website and/or your breach of these terms of use.

6.      Limitation of Liability

6.1      Subject to any responsibilities implied by law and which cannot be excluded, Coffee with a Vision is not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to the Website or Third Party Websites, whether any contract, tort including negligence, statute or otherwise.

6.2      Coffee with a Vision's liability for breach of a condition warranty implied law or otherwise and which cannot be excluded, is limited to the extent possible, at our option to the supply of the goods or services.

6.3      All other implied conditions, warranties or rights howsoever arising, are excluded.  In particular, Coffee with a Vision does not warrant the operation of the Website or the server which stores and transmits the Website is free from viruses or harmful components.

7.      Jurisdiction

7.1      These terms of use are to be governed by and construed in accordance with the laws of the State of New South Wales, Australia.

7.2      You irrevocably submit to the jurisdiction of the Courts of the State of New South Wales Australia.

8.      Termination

8.1      These terms of use (and the agreement constituted by your use of the Website) and your access to the Website may be terminated at any time by us without notice.

8.2      All licenses granted by you and all our disclaimers and limitations or liability in these terms of use will survive termination, however, you will no longer be authorised to access the website.

 

Terms and Conditions of Sale

Coffee with a Vision, shall supply Goods to you on the following terms and conditions ("Terms") unless we agree, in writing, to vary these Terms.

1.      Definitions

1.1      "Coffee with a Vision" shall mean The Flagstaff Group Limited (ABN 53 000 551 575) its successors and assigns.

1.2      "Customer" shall mean the Customer (or any person acting on behalf of and with the authority of the Customer).

1.3       "Goods" shall mean Goods supplied by Coffee with a Vision to the Customer (and where the context permits shall include any supply of Services).

1.4       "Services" shall mean services supplied by Coffee with a Vision to the Customer and any advice or recommendations.

1.5      "Site" means the Coffee with a Vision website www.coffeewithavision.com.au.

2.       Acceptance

2.1      Any order received by Coffee with a Vision from the Customer for the supply of Goods and/or the Customer's acceptance of Goods supplied by Coffee with a Vision shall constitute acceptance of these Terms.

3.      Price

3.1      Any order placed through the Site for Goods constitutes an offer by the Customer to purchase the particular Goods for the price notified (including the delivery and other charges and taxes) at the time the Customer places the order.

3.2      Coffee with a Vision will charge the Customer the purchase price of each Product that is ordered, the delivery fee for the order that is indicated when an order is placed on the Site ("Delivery Fee") and any other fees and charges set out in these terms and conditions.

3.3      By committing to order the Goods on the Site the Customer agrees to pay the purchase price of the Goods including the Delivery Fee.

3.4      All fees and charges identified in these terms and conditions and all prices for the Goods include GST where applicable.

3.5      The purchase price of the Goods is shown on the product list on the Site at the time you place your order and are subject to change without prior notice.

4.      Payment

4.1      Payment will be made in advance by credit card at the time of ordering the Goods.

5.      Consumer Guarantees & ACL

5.1      The Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL") provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning Goods and/or services. Any rights the Customer may have under the ACL shall apply notwithstanding any inconsistent provisions in these Terms which shall be read down to the extent necessary to comply with the ACL and which shall otherwise apply to the fullest extent legally permissible.

6.      Limitation of Liability

6.1      To the extent permitted by the ACL:

(a)      the Customer agrees to limit any claim to the replacement/repair of the Goods (or cost thereof);

(b)       Coffee with a Vision shall not be liable for:

(i)      any claim, loss or expense which is made after 7 days (subject to any term of warranty that may apply) from the date of delivery of Goods and/or Services after which there shall be deemed to have been unqualified acceptance;

(ii)    any consequential loss and/or any special and/or punitive damages through any fault of Coffee with a Vision or otherwise; and/or

(iii)   any claim in any way caused and/or contributed to by the Customer and/or any third party.

7.      Cancellations and Returns

7.1      The Customer agrees:

(a)       Coffee with a Vision is not obliged to accept the return of Goods;

(b)       not to cancel any order without Coffee with a Vision's prior approval;  

(c)       that Coffee with a Vision may take back Goods in saleable condition on such terms as Coffee with a Vision considers to be reasonable; and

(d)       not to return Goods without first providing Coffee with a Vision with an original invoice as proof of purchase.

8.      Placement of Orders

8.1      The Customer agrees that:

(a)       if any dispute arises concerning any order the internal records of Coffee with a Vision shall be conclusive evidence of what was ordered;

(b)       when placing any order the Customer shall inform Coffee with a Vision of any facts which might reasonably affect acceptance of the order by Coffee with a Vision and any failure to do so by or on behalf of the Customer shall be deemed to create an inequality of bargaining position, be deemed to constitute the taking of an unfair advantage of Coffee with a Vision and to be unconscionable, misleading and deceptive.

9.      Supply and Delivery

(a)       Coffee with a Vision reserves the right to arrange transport by any means in its absolute discretion and without any liability and at the cost and responsibility of the Customer in all things;

(b)       the Customer shall be deemed to have accepted delivery and liability for Goods on Goods being delivered to a carrier or to the Customer's premises or nominated site whether attended or not;

(c)        evidence provided by the carrier of Coffee with a Vision confirming delivery shall be conclusive evidence of delivery;

(d)        Coffee with a Vision shall not be liable for delay, failure or inability to deliver any Goods;

(e)        Immediately on delivery the Customer accepts liability for the safe custody of Goods and indemnifies Coffee with a Vision for any related losses.

10.   Exclusions

10.1    To the extent permitted by the ACL:

(a)       no dealing between Coffee with a Vision and the Customer shall be or be deemed to be a sale by sample;

(b)       the Customer shall rely on its own knowledge and expertise in selecting any Goods for any purpose and any advice and/or assistance given by or for Coffee with a Vision shall be at the Customer's risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by the Customer or anyone claiming through the Customer;

(c)       all Goods are sold subject to all applicable trading terms, warranties and representations of the manufacturer;

(d)       Coffee with a Vision shall not be liable for any Goods:

(i)     utilised, stored, handled and/or maintained incorrectly or inappropriately; and/or

(ii)    manufactured and/or supplied by any other party; and

(e)       the Customer agrees to:

(i)     check all Goods for compliance with all applicable laws, standards and/or guidelines before storage, use, on-sale and/or application;

(ii)    comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by Coffee with a Vision and/or by any manufacturer (including in relation to storage, handling and/or use of the Goods); and

(iii)   act in accordance with good practice at all times.

11.   Indemnity

11.1    The Customer fully indemnifies Coffee with a Vision against any claim or loss arising from or related in any way to any dealing between Coffee with a Vision and the Customer and/or arising under these Terms.

12.   Intellectual Property

12.1    The Customer agrees that all intellectual property in the creation of any Goods shall be and remain the property of Coffee with a Vision notwithstanding any contribution by the Customer.

13.   Other Terms and Conditions

13.1    No terms and conditions sought to be imposed by the Customer upon Coffee with a Vision shall apply.

14.   Jurisdiction

14.1    This Agreement is governed by the laws of New South Wales, Australia[New South Wales, Queensland, Victoria etc].

 14.2    The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia[New South Wales, Queensland, Victoria etc].

15.   Waiver

15.1     An election by Coffee with a Vision not to exercise any rights on any breach of these Terms shall not constitute a waiver of any rights relating to any other breach.

16.   Notice

16.1    The Customer agrees that it shall be deemed to have notice of any change to these Terms immediately any change is adopted by Coffee with a Vision and whether or not the Customer has actual notice.

17.   Force Majeure

17.1    Coffee with a Vision shall not be in default or in breach of any contract with the Customer as a result of Force Majeure including any strike or lock-out.

18.   Severability

18.1    Any part of these Terms shall be capable of severance without affecting any other part of these Terms.