These terms and conditions apply to the use of this Website, including the purchase of goods over this Website. In using this Website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Website.

1 TERMINOLOGY

In these terms and conditions, the expressions "we", "us" and "our" are a reference to Roussos Nominees Pty Ltd trading as “KBAR COFFEE”.

"Account" means the personalised account created by you on the Website enabling the Order of Goods.

"Agreement" means these terms and conditions, including the terms of any Order placed by you through the Website (if applicable).

"Goods" means any products described in an Order and includes packaging.

"Intellectual property" means all rights in patent, copyright, trade names, trade marks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).

"Material" means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Website.

"Order" means a request submitted by you to purchase Goods from KBAR COFFEE through the Website.

"Website" means the internet site located at www.kbarcoffee.com operated by us.

Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. All references to dollar amounts are references to Australian dollars.

2 AMENDMENTS TO TERMS AND CONDITIONS`

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended

3 CUSTOMER ACCOUNT

You must create an Account before placing an Order for Goods through the Website. You warrant that all information and data provided by you in the creation of your Account is accurate and up to date. You must notify us immediately if you become aware of any unauthorised use of your password or of any other security breach relating to your Account.

4 PRICING

Prices displayed on the Website are subject to change without notice. Prices for items on an order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.

All pricing displayed on the Website is for online purchases only and may not be matched at any physical retail location.

All pricing displayed in any or all our physical retail locations may not be matched by the Website. You agree to pay the delivery charges specified at the time you submit your Order.

5 ORDERS

You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and pressing the "Complete Order" button. Orders will be deemed to have been received by us at the time we send an Order confirmation to your nominated e-mail address. Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.

We reserve the right to not accept Orders that request commercial quantities of Goods. If we are unable to supply your total Order this Agreement will apply to the supply of all or part of the Order.

We will our best endeavours to supply Orders placed through the Website, however we reserve the right to cancel any Order without notice for any reason. In event of a cancelled Order, any payments processed by us will be promptly refunded

Customers who wish to cancel a Order must notify us at by 5pm on the next business day following the date of Order, quoting the Order reference number.

You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility.

We give no undertaking as to the availability of products advertised on this Website. Delivery of the goods to you will be effected in the manner described on this Website.

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.

Payment must be effect in the manner described on the Website. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.

PAYMENT

You may provide your nominated credit card details during the purchase process described on the Website. Once the Goods the subject of your Order are received from suppliers and are ready for dispatch, we will process payment for the Goods (plus any delivery charges) using your nominated credit card (Visa, Mastercard or Paypal).

You authorise us to debit such amount from your nominated credit card.

If your nominated credit card is declined by your financial institution, we will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.

We may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to us.

6 CANCELLATION DUE TO ERROR

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

7 DELIVERY OF GOODS

We only deliver orders to Australian postal addresses.

All orders are delivered using Australia Post or by courier. You will be charged an additional fee for delivery and this will depend on destination of goods and their size and weight. Delivery fee is in additional to the cost of goods and where applicable will be shown as a fee on your order.

Delivery Time

Most orders are processed and dispatched within two working days of the order being placed. However please allow 5-10 working days for your order to be delivered. If delivery time is an issue, please contact the store for a more accurate estimate of delivery times.

Goods damaged in transit.

Goods delivered in a damaged condition must be reported within 24hrs. If the goods are delivered in an obviously damaged package, you should refuse to accept the parcel and call us on 03 9544 2255.

8 EXCHANGE POLICY

The customer may exchange a product for another within 14 days of delivery. The customer must call the store and notify us of their intentions to exchange before the goods are sent back. At the customer’s expense, the original product must be returned to KBAR COFFEE 1B Buckland Street Clayton 3168. The products must be returned in the original packaging and all in unused, unmarked and new condition. Proof of purchase including a receipt must accompany the product.

9 FAULTY OR DAMAGED GOODS

If you believe that the goods you have bought are faulty or damaged to seek a refund for or exchange the goods you must call the store and report the problem on 03 9544 2255. At our discretion we may exchange the goods or provide a refund.

Receipt of purchase must accompany any goods returned. Once the goods are returned to us, will refund the cost of shipping the goods back by way of a credit card refund. If goods are to be replaced, no further shipping charges will apply unless the product has been exchanged for a different product of larger size or weight.

10 DISCLAIMER

We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:-

(a) if the breach relates to goods:-

i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired;

(b) if the breach relates to services:-

i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this Website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

11 EXCEPTION TO DISCLAIMER

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

12 SPECIFIC WARNINGS

You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked Website.

Whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.

Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

We make no warranty that goods acquired from us over this Website will meet your requirements.

Details contained on this Website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this Website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this Website.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

13 COPYRIGHT

Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

• commercialise any information, products or services obtained from any part of this Website;

without our written permission.

14 TRADE MARKS

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

• in or as the whole or part of your own trade marks;
•
• in connection with activities, products or services which are not ours;
•
• in a manner which may be confusing, misleading or deceptive;
•
• in a manner that disparages us or our information, products or services (including this Website).

15 RESTRICTED USE

Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.

16 LINKED WEBSITES

This Website may contain links to other Websites ("linked Websites"). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked Websites.

Our links with linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked Websites, or of any information, graphics, materials, products or services referred to or contained on those linked Websites, unless and to the extent stipulated to the contrary.

17 PRIVACY POLICY

We are committed to protecting the privacy of your personal information not only because of our legal and ethical commitment to compliance with the law but because we know that you care how information about you is used and shared. We do not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this Privacy Statement.

We collect and hold the following types of personal information.

Information about individuals who are customers or target customers as given to us by those individuals or obtained in the public domain from other sources such as magazines and newspapers.

Information about roles, means of communication with and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.

The information is held in hard copy and electronic records in data storage systems which permit lawful access only by those company officers, employees and contractors who need access to perform their functions. It is destroyed when it is no longer useful or it is unreliable and cannot be corrected.

We gather personal information about you for the purposes of:

• To process payments for product purchases;
• To contact you if necessary (regarding your purchase or contact details provided);
• To generate purchasing statistics from online surveys and competitions;
• To send you information about our company/products and promotional material from some of our partners; and
• To answer any general queries you submit via our contact us email form.

We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party contractor to deal with customer enquiries, product orders and deliver our products to you. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.

You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact our store in writing to General Manager KBAR COFFEE 1B Buckland Street Clayton 3168. You may also call our Office on 3 9544 2255.

Any information collected about you through this web site is used exclusively for the purpose of processing orders, improving your shopping experience, or to communicate with you regarding products and services and special promotions. We will only collect personal information to the extent deemed reasonably necessary to serve our legitimate business purposes. We will store any information that you provide securely and will not sell or release it to any other business or person.

18 HOW DO WE HANDLE E-MAILS

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

19 SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

20 TERMINATION OF ACCESS

Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

21 GOVERNING LAW

These terms and conditions are governed by the laws in force in Victoria. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

22 GENERAL

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

23 TO RETURN TO THE WEBSITE

To return to the Website, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms of use.