ESHOP TERMS AND CONDITIONS
L’OR - HOME DELIVERY SERVICE - TERMS AND CONDITIONS (AUSTRALIA)
Please read these terms and conditions carefully before ordering any products from us. By ordering any products from us you are agreeing to these terms and conditions.
Last Update 25/03/2019
1.1 The L’OR Home Delivery Service is offered subject to these terms and conditions by JACOBS DOUWE EGBERTS AU PTY LTD, based at Level 1/ 924 Pacific Hwy, Gordon NSW 2072, Australia, Company Number 051 278 409, and references to "we", "us", "our" and similar expressions should be read as references to that company.
1.2 References in these terms and conditions to "you", "your" and like expressions means the person or company placing an order with us subject to these terms and conditions.
1.3 The L’OR Home Delivery Service sells L’OR capsules and other beverage-related and L’OR-related items ("Products") as may be listed from time to time on our website at lorespresso.com.au/shop ("our Australian website").
1.4 You can order products for delivery to Australia using our Australian website. These terms and conditions will apply to your order for placing an order. This is a site for members of the public to purchase the products. If you are a business placing an order you will be unable to claim any taxes or equivalent from us.
1.5 In Australia, consumer care can be contacted on 1800 033 450 for any product or order related enquiries.
2. TERMS AND CONDITIONS
2.1 Nothing in these terms and conditions affects your statutory rights.
3.1 All prices are inclusive of GST within Australia where appropriate. All prices are quoted in Australian dollars($ AUD) only.
3.2 The total value of your order including GST and delivery charges will be displayed on the order confirmation screen. The displayed price is the amount in Australian dollars ($ AUD) that you will pay.
3.3 Due to the fact that the L’OR Home Delivery Service is offered and managed by Jacobs Douwe Egberts AU Pty Limited, any payment for an online purchase may constitute an international transaction which may be charged by your bank with additional fees.
3.4 Prices of the products and our delivery charges will be as quoted on our Australian website at the point of ordering (subject to revision for errors).
3.5 Our Product prices and delivery charges are liable to change at any time. Any changes made to our Product prices and delivery charges after a Dispatch Confirmation has been sent out to you will not affect any order which you have already placed. A Dispatch Confirmation is explained in more detail at 6.1 below.
3.6 Our Australian website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Australian website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less that our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Austrlian website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
3.7 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation (see 6.1 below), if the pricing error is obvious and unmistakeable and could reasonably been recognised by you as an error.
4. ORDERING & PAYMENT
4.1. You can order our Products on-line using our Australian website lorespresso.com.au/shop.
4.2 Please note, we are only able to accept money off vouchers issued through the L’OR Home Delivery Service.
4.3 We will endeavour to deliver all the Products you order. In the unlikely event of any Product being out of stock at the time we will notify you of this and hold your order until the missing item(s) is/are available. We will not deliver any part of your order until all the items you have ordered are in stock and available for delivery to you. This may affect the normal delivery schedule.
4.4 Whilst every effort will be made to ensure that all items shown in our on-line Product catalogue are in stock we offer no guarantee of availability and our telephone service and this electronic publication does not constitute an offer for sale capable of acceptance by you submitting an order.
4.5 If ordering on-line, when we receive your order we will automatically send you an e-mail confirming acknowledgement of receipt of your order details ("Confirmation Email"). This Confirmation Email will be directed to the e-mail address you supplied to us upon placement of your order and is not a guarantee of availability nor acceptance of an offer.
4.6 To ensure your order is dealt with promptly, we require your full, correct address details, including an Australian postcode, a day time contact telephone number and your e-mail address (if you have one). If you have a registration card, please also include your L’OR Unique Client Number which can be found on the front of your card. The billing address you provide to us must be the same as the billing address you have notified to and registered with your selected credit/debit card company or other payment services provider as this is used to validate your order. We regret that failure to supply the correct details will result in your order being held pending the supply of the correct details.
4.7 Your order will only be processed if full payment details are given.
4.8 We use a external payment services provider (“PSP”) to process payments. Upon placing your order using our Australian website, the final step in the ordering process will result in your order being handed over to the PSP's website for payment. You may pay using any of the payment methods listed on the PSP's page after your order is transferred to their website for payment.
4.9 Your detailed payment information will be collected at the point you complete your order, however, our payment will be debited upon order dispatch. In some exceptional circumstances order dispatch may be delayed due to unforeseen circumstances, and in this situation, depending on your payment method, payment debit will occur 3 to 7 days after you placing the order. Debiting your payment does not represent acceptance by us of your order or otherwise commit us to a contract with you. Section 5 of these terms will govern how and when a binding contract is formed between you and us in relation to any order.
4.10 If you experience any difficulties processing your order or with payment, please call our Australian Careline. The careline numbers are listed in section 1.5 of these terms and conditions.
4.11 All orders are checked with the relevant payment provider prior to dispatch, so please ensure that the details you provide us with are correct. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given.
4.12 All investigations for order traces will be implemented as soon as possible. Queries need to be directed to our Australian Careline if dialling from Australia; you will need to quote your Order Reference Number or your postcode. The careline numbers are listed in section 1.5 of these terms and conditions.
5. HOW A CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Using our Australian website:
5.1.1 After placing an order on our Australian website, you will receive a Confirmation Email. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy the product(s) you have ordered. All orders are subject to acceptance by us.
5.1.2 Orders will only be accepted by us upon dispatch of the product(s) you have ordered. We will confirm such acceptance to you by sending you an email which confirms that the order has been dispatched ("Dispatch Confirmation").
5.1.3 The contract will be formed when we send you the Dispatch Confirmation, unless we notify you that we do not accept your order or if you have cancelled it.
6.1 In normal circumstances your order should be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. If there are reasons why we believe that delivery may be delayed, we will try to contact you.
6.2 We can deliver as many products as you wish up to 25 kilograms in weight for a one-off single delivery charge.
6.3 We regret we are unable to accept orders for delivery to an address containing a PO Box Number, or from persons placing an order whose address contains a PO Box Number. There may be other types of addresses to which, from time to time, we are not able to accept orders for delivery.
6.4 Subject to section 6.3 above, deliveries will be made to the address that you have nominated. The products will be at your risk from the time of delivery. In the event that you select a business address, we shall be deemed to have delivered the product to its intended recipient by delivering it to the reception area at the business address. However, if an express delivery has been selected, your signature will be required or the products will not be delivered.
6.5 Standard Delivery Service in the Australia:
A "Working Day" any day (other than a Saturday, Sunday or public holiday in Australia (depending upon where delivery is to be made)).
6.6 For deliveries within the Australia only, the standard delivery charge of $8.00 is waived for orders above the free shipment threshold of $55.00, up to the maximum weight per single delivery specified in condition 6.2 above. No deliveries are made on Saturdays, Sundays or public holidays in the Australia (depending upon where delivery is to be made).
6.7 Please note if you order from the Australian website, we can only deliver to a valid address located within Australia.
7. CANCELLATION OF ORDER/RETURNS POLICY
7.1 You have the legal right to cancel your order at any time without reason, subject to sections 7.2, 7.3 and 7.4 below, within the time periods listed in the table below, in each case starting on the day after delivery, provided that the goods you have ordered are not perishable:
Method of ordering: On line using our Australian website
Cancellation period: 14 calendar days
7.2 To cancel an order, you must:
7.2.1: Contact the Australian Careline. The careline numbers are listed in section 1.5 of these terms and conditions or send us an email to the following address email@example.com and either
7.2.2 return the Products to us, without undue delay and in any event no later than 14 calendar days from the day on which you communicate your wish to withdraw from the contract. You can return the Products to the address given to you in the email in which we acknowledge your wish to withdraw from the contract. Please insert a copy of your delivery note into your return parcel and retain your receipt or proof of postage; or
7.2.3. return the Products to us in the same condition in which you received them and at your own cost and risk no later than 14 calendar days from the day on which you communicate your decision to withdraw from the contract. On your request and for your convenience, careline will provide you with a return label to simplify the shipment process and to reduce the return costs you will need to bear to L’OR consumers. The cost of the return shipment shall be deducted from the amount refunded. We inform you that the return shipment cost deducted is the same amount than the regular shipping cost when ordering; and
7.2.4 take care of the products whilst they are in your possession, as you have a legal obligation to do so.
7.3 If you exercise your right to cancel, subject to sections 7.1 and 7.2:
7.3.1 you will receive a full refund of the price you paid for the products including postage cost you have paid for the delivery of the products (return costs shall be paid by You); and
7.3.2 we will return your money to you by re-crediting it to the payment method you used to pay for the products without undue delay and in any case within 14 days of the day we have received the products you wish to return or until you supply evidence that you have sent the products back to us, whichever is the earliest. The refunds will be made in Australian dollars ($AUD).
7.3.3 we are not responsible for the fluctuations in the exchange rate between Australian dollars ($AUD) and any other currency, and provided we have refunded the same amount in Australian dollars ($AUD) as we charged for the products at the point you ordered them, this will constitute a full refund of the purchase price.
8. PERSONAL INFORMATION AND SECURITY
8.1 We use an external PSP to process payments related to orders for products received through our consumer service.
8.2 If you are ordering using our Australian website, the last stage in the order process is that details about your order will be passed to our PSP. This will be clear from the details presented to you in your browser during the order process. The PSP will ask you to select one of the supported payment methods, and enter relevant details regarding that payment method (for example, if paying by credit card this could include your name and address details, credit card number, expiry date of the card and the security digits on the rear of the card) in order for the payment to be processed.
8.5 To ensure that your chosen payment method is not being used without your consent, we and/or the PSP may validate name, address and other personal information supplied by you during the order process against the appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made.
8.6 We will retain certain details about your order, which will include some of your personal data, for a reasonable period after you have placed your order. Our PSP will also retain certain details about your order, which will include some of your personal data, for a reasonable period after you have placed your order. This is in order to allow us to deal with any questions, issues, cancellations or refunds that may be necessary.
8.7 All data provided by you to us as part of the order process will be treated securely and in accordance with Australian Privacy Act 1988.
8.8 Our ordering and payment process is digitally encrypted using SSL technology to transfer your details to our secure server. SSL is the industry standard for secure on-line payment, it provides a high level of protection to you, and to us and our PSP, against fraudulent transactions. We will pass details of your order to our PSP using secure SSL technology.
8.9 Should you have any questions regarding security, please contact our Australian Careline.
9. CUSTOMER SERVICE
9.1 We aim to provide you with an excellent service. However, should you have any comments or issues with the L’OR Home Delivery Service, in the first instance please contact 1800 033 450:
9.2 We aim to acknowledge all queries within 3 working days, and deal with complaints within 5 working days. A "working day" any day (other than a Saturday, Sunday or public holiday in Australia (depending upon where delivery is to be made))
10.1 We reserve the right to supplement and amend these Terms and Conditions for any reason at any time. It is your responsibility as a customer to review these on each occasion you access the L’OR Home Delivery Service, whether on line using our Australian website or by telephone using our Australian Carelines.
10.2 We also reserve the right to suspend, restrict or terminate access to the L’OR Home Delivery Service for any reason at any time.
11.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, any breach of the consumer guarantees in the Competition and Consumer Act 2010 or any liability which may not otherwise be limited or excluded under applicable law.
11.2 Subject to clause 12.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories, even if such losses result from our breach:
11.2.1 loss of profit;
11.2.2 loss of business;
11.2.3 loss of opportunity;
11.2.4 loss of savings;
11.2.5 loss of the use of money;
11.2.6 loss of existing or future contracts;
11.2.7 loss of data;
11.2.8 loss of goodwill; and/or
11.2.9 loss of reputation.
11.3 We will not be liable for any theft or loss of or destruction to your products once the products are delivered to your nominated delivery address.
12. TRADE MARKS & COPYRIGHT
12.1 We own all the rights in the designs and information on our websites, including our Australian website lorbarista.com.au. You may only print out parts of our Australian website for the purpose of ordering Products on our Australian website. You must not use the material on any of our websites for any other purpose.
13. APPLICABLE LAW AND JURISDICTION
These terms and conditions, and all matters relating to orders using our Australian website or using our Australian Careline shall be governed by Australian law and the competent court in Australian shall have exclusive jurisdiction over any disputes.