Welcome to the ithaspuddings.com.au web site (“Web Site”). This document contains the Terms and Conditions that govern your use of the Web Site. These Terms and Conditions describe your rights and responsibilities and what you can expect from Itha’s Christmas Homemade Puddings (“ITHAS”). Please take a few minutes to review these Terms and Conditions. Your use of the Web Site constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use the Web Site.
ITHAS reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use the Web Site, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
ITHAS is an Australian company and all prices on this website are in Australian Dollars (AUD).
Placing orders through the Web Site
You must be at least 18 years old to place any orders with ITHAS. By using the Web Site you acknowledge that you are at least 18 years old.
By purchasing any goods through the Web Site, you make an offer to us to purchase the goods you have selected based on these Terms and Conditions. Information contained on the Web Site constitutes an invitation to treat. No information on the Web Site constitutes an offer by us to sell any goods. ITHAS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we are unable to process or accept your order after payment is received we will contact you by email or telephone.
This entire Web Site, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2013 ithaspuddings.com.au. The ITHAS trade mark and logo are trade marks of ITHAS. All other trade marks are the property of their respective owners, who are not associated with ITHAS. Permission to use documents delivered from the Web Site and/or server and related graphics is restricted. The name of ITHAS or any of the above trademarks or logos may not be used without ITHAS’ specific, written prior permission. The information contained on the Web Site is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors.
We welcome your comments regarding the Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to ITHAS shall be and remain the exclusive property of ITHAS. Your submission of any such Comments shall constitute an assignment to ITHAS of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ITHAS will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Communication from ITHAS
We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to Unsubscribe. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
The ITHAS message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited in messages include:
•The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or ITHAS rule or policy.
The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.The impersonation of any person or entity in any part of a message.You are solely responsible for the content of your messages and ITHAS assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other ITHAS guests or any third party. ITHAS reserves the right to purge the content you provide at any time.
We have done our best to display as accurately as possible the colours of the products shown on the Web Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst ITHAS makes every reasonable effort to present accurate information on the Web Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Web Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in ITHAS’s discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy below for details on how to obtain a refund.
Sale of Goods and Delivery
On your request, we will organise for the delivery of your order to your designated delivery address. Our delivery contractors are Australia Post and various couriers. Each product page will show the delivery charge for that item. Our delivery fee is made up of a Base Fee plus a Weight Fee that depends on the destination and weight of each product.
Certain of the products available for sale through the Web Site may not be located at ITHAS’s Australian warehouse.
Customs, Duties and Taxes
In relation to products located outside Australia, you are responsible for ensuring that the goods the subject of your order can be lawfully imported to the destination country (i.e., Australia/New Zealand). You are the importer of record and must comply with all laws and regulations of the destination country. For Australian customers, your orders may be subject to import costs such as customs duties and GST. You are responsible for the payment of any such costs (which may be in addition to the stated purchase price for such goods on the Web Site).
You agree to indemnify and hold ITHAS and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Web Site, any breach by you of these Terms and Conditions and/or any goods purchased by you from ITHAS.
Limitation of Liability
In no event shall ITHAS or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, ITHAS’ liability is limited to an amount equal to the purchase price of the relevant good(s).
To the extent permitted by applicable laws, ITHAS does not accept any liability for:
•any damage or injury of any nature caused by the use or misuse of products purchased from ITHAS;
errors, mistakes or inaccuracies on the Web Site;you acting, or failing to act, on any information contained on or referred to on the Web Site and/or any linked website;any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;any interruption or cessation of transmission to or from the Web Site; and/orany bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Web Site by any third party.
Returns and Refunds
ITHAS accepts the return of products ordered through this website, so long as ITHAS is notified of the proposed return within 7 days of delivery to the customer.
The product to be returned by the customer shall be returned to ITHAS at the expense of the customer. ITHAS shall refund the price charged to the customer for the products purchased and will not refund any freight or postage charges.
If ITHAS delivers an incorrect product to the customer, ITHAS may replace the product with the correct product and/or refund to the customer the cost of the product. ITHAS will arrange to collect the incorrect product and deliver the correct product to the customer, at no expense to the customer.
These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales. Each party submits to the exclusive jurisdiction of the Courts of New South Wales. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of ITHAS. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by ITHAS in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers but not to New Zealand customers. New Zealand customers do not pay GST when purchasing from ITHAS. Where GST becomes payable on arrival of orders to New Zealand these costs will be covered by ITHAS.
Statutory Conditions and Warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.