Terms of Use
Terms of Agreement for online trading between NotJustNuts.com.au ("NotJustNuts.com.au") and The user of this website ("You/Your")
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
1. PLACING AN ORDER AND PAYMENT
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by NotJustNuts.com.au to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card only. NotJustNuts.com.au accepts Bankcard, Visa and Mastercard. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 1.2.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by NotJustNuts.com.au. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by NotJustNuts.com.au will be upon Your receipt of the email confirming despatch of the Product in accordance with clause 3.4 and 3.5. NotJustNuts.com.au may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by NotJustNuts.com.au.
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
1.5 NotJustNuts.com.au may vary prices in the event of price changes or mistakes on reasonable prior notice to You. If NotJustNuts.com.au requests payment for increased prices, You may cancel the order by giving notice to NotJustNuts.com.au, which must be received within seven days of the announcement of the increase.
1.6 The secure credit card payment system is powered by Deway Payment Systems. This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser (e.g. Netscape Navigator 3.0 or Internet Explorer Microsoft 3.0 and above). In Netscape you can determine whether encryption is active by looking at the little key in the lower left-hand corner of the Netscape window. A solid key indicates that the document is encrypted, while a broken key indicates that the document is not encrypted. In Microsoft Internet Explorer, a solid padlock will appear on the bottom right of the screen when encryption is in use.
1.7 The use of cookies on this Website - this Website uses cookies to allow the web server to recognise you as a unique user when you visit. These cookies are necessary for the proper functioning of certain data access features on the site, such as the online shopping component. Cookies allow programs running on the web server to keep track of your order data and any options you have specified, such as currency conversion rates. The use of cookies is restricted to allowing the web server to recognise you as the same visitor to the Website each time you interact with the data-driven features of the Website. Though cookies uniquely identify you to the web server, they do not personally identify you, therefore it is not possible for us to determine your name or email address from the cookies we place on your computer.
1.8 Expiry of cookies - the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
1.9 NotJustNuts.com.au does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
1.10 NotJustNuts.com.au reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party.
1.11 The Website is owned and operated by NotJustNuts.com.au. This Agreement supersedes all prior agreements and may be revised by NotJustNuts.com.au from time to time.
1.12 This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
2.YOUR USE OF THE WEBSITE
2.1 You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, NotJustNuts.com.au's computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
3.DELIVERY
3.1 NotJustNuts.com.au delivers to most destinations around the world.
3.2 Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
3.3 NotJustNuts.com.au uses international postal services to deliver Products outside of Australia. Delivery of Products within Australia is effected using Australia Post.
3.4 NotJustNuts.com.au’s freight charges are calculated by using an average freight charge within Australia, and a case by case quote for overseas orders.
3.5 NotJustNuts.com.au will use reasonable endeavours to arrange despatch of the Product within 48 hours of you submitting the Purchase Order.
3.6 Expected delivery times are:
3.6.1. for international deliveries, within 14 working days; and
3.6.2 within Australia, within 7 working days.
In rural and regional areas of Australia, delivery times for 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.
3.7 The expected delivery times set out in clause 3.6 are estimates only. NotJustNuts.com.au will not be liable to You for any loss or damage You suffer if the Product is not delivered within the timeframes set out in clause 3.6.
3.8 Australia wide - all deliveries must be signed. Risk and title in the Product will pass to You upon You, or any other person in attendance at the delivery address, signing for receipt of the Product.
3.9 If there is no one at the delivery address to receive the Product, the Product will be returned to the closest Australia Post outlet or for international orders, your closest Postal centre. The Postal company may attempt further delivery of the Product to you.
3.10 NotJustNuts.com.au accepts no responsibility for any loss of, damage to, late delivery or non-delivery of goods ordered from our web site. To the maximum extent permitted by law, you agree to release our carriers from any liability relating to loss of, damage to, late delivery or non-delivery of any goods you order from this web site and to assign all rights to claim compensation or insurance against our carriers to us and expressly and irrevocably.
4.NotJustNuts.com.au RETURNS POLICY - see section 5
5.1 NOTJUSTNUTS.com.au accepts no returned product with the exception of faulty product:
a. In the case of faulty product, you must notify NotJustNuts.com.au within 2 days of accepting delivery of the Product and arrange return of the Product within 7 days after such notification.
b. You must notify NotJustNuts.com.au by email info@NotJustNuts.com.au.
c. You must provide a "proof of purchase" being either an invoice, bank statement, email confirmation from NotJustNuts.com.au, or delivery note.
d. You must return the Product to the following address: Factory 45 64-86 Beresford Rd LILYDALE Victoria 3140.
e. You must mark on the postal company's consignment note that it is a return/replacement if it is a return from a country outside Australia, so that the Products do not attract possible customs duties and taxes again.
f. You must return the Product in its original condition.
g. It would be desirable that You return the Product with the original packaging intact.
h. You are responsible for arranging any insurance on the Product.
i. You are responsible for the cost of the shipment of the Product.
j. Upon receipt of the Product by NotJustNuts.com.au, NotJustNuts.com.au will arrange a credit for You for the purchase price for the Product, less any shipping costs for future purchase orders. No Cash refunds can be given.
6. YOUR ACCEPTANCE OF THESE TERMS AND CHANGES TO THE TERMS
6.1 You will be asked to accept this Agreement during the purchase process by ticking "I have read and accept the Terms and Privacy information". By ticking "I have read and accept the Terms and Privacy information" you agree to the terms and conditions of this Agreement.
6.2 From time to time, this Agreement will be reviewed and may be revised. NotJustNuts.com.au reserves the right to change this Agreement at any time. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer by NotJustNuts.com.au.
7.WEBSITE AVAILABILITY
7.1 From time to time down-time, either scheduled or unscheduled, may occur. NotJustNuts.com.au will work within reason to ensure this amount of down-time is limited.
7.2 NotJustNuts.com.au will not be held liable for the consequences of any down-time.
8. INTELLECTUAL PROPERTY
8.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
8.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by NotJustNuts.com.au.
8.3 NotJustNuts.com.au's trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by NotJustNuts.com.au.
8.4 All rights not expressly granted are reserved.
8.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under NotJustNuts.com.au's direct control and NotJustNuts.com.au accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that NotJustNuts.com.au is entitled to require you to remove any link from another website to this Website which you install without obtaining NotJustNuts.com.au's prior written consent.
9. WARRANTIES
9.1 You acknowledge that NotJustNuts.com.au will not be liable for any damage caused by any failure by You to store or handle the Product properly.
9.2 Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.
9.3 Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, NotJustNuts.com.au does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
10.LIMITATION OF LIABILITY
10.1 To the fullest extent permitted by law, NotJustNuts.com.au's liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of NotJustNuts.com.au, to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
10.2 NotJustNuts.com.au's exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if NotJustNuts.com.au has been notified of the possibility of such loss or damage.
10.3 You agree that NotJustNuts.com.au's liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
11. FORCE MAJEURE
11.1 NotJustNuts.com.au will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond NotJustNuts.com.au's reasonable control.
12.TERMINATION
12.1 NotJustNuts.com.au reserves the right to terminate this Agreement at any time.
12.2 Subject to clause 11.3, NotJustNuts.com.au shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
13.MISCELLANEOUS
13.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
13.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by NotJustNuts.com.au in writing.
13.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
13.4 The Agreement will be made on NotJustNuts.com.au's acceptance of Your offer and will be, and is, governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
13.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of Victoria, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
13.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
13.7 NotJustNuts.com.au may be notified by email at info@NotJustNuts.com.au
14.DEFINITIONS
"Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
"NotJustNuts.com.au" means NotJustNuts.com.au
"Products" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
"Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
"Website" means internet website with the URL www.NotJustNuts.com.au and associated websites.
"You" means the user of the Website (and "Your" has the corresponding meaning).