Coombe Yarra Valley online store - Terms and Conditions
Samarkan Pastoral Co Pty Ltd (A.C.N 005 246 640) trading as Coombe Yarra Valley (hereinafter referred to as “Coombe Yarra Valley”, “Us” or “We”).
In these Terms and Conditions, unless a contrary intention appears, the following terms have the following meaning:
In these Terms and Conditions, unless a contrary intention appears:
(a) the singular includes the plural and vice versa;
(b) a gender includes the other genders;
(c) the headings are used for convenience only and do not affect the interpretation of this Agreement;
(d) a reference to a document includes the document as modified from time to time and any document replacing it;
(e) if something is to be done on a day which is not a Business Day then it must be done on the next Business Day;
(f) the word "person" includes a natural person and any body or entity whether incorporated or not;
(g) a reference to a thing includes a part of that thing;
(h) a reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re‑enacted or replaced from time to time;
(i) wherever "include" or any form of that word is used, it must be construed as if it were followed by "(without being limited to)";
(j) money amounts are stated in Australian currency unless otherwise specified; and
(k) a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body which performs most closely the functions of the defunct body.
1.1. On this Website (https://coombeyarravalley.com.au/) you can browse, select and order Products advertised by us hereon.
1.2. Your access to and use of the Website, including your Order of Products through the Website, is subject to these Terms and Conditions.
1.3. Please read these the Terms and Conditions of this Agreement before accessing or using the Website.
1.4. You may not purchase any Products off the Website if you are under eighteen (18) years of age.
2.1. By accessing and using the Website, including placing Orders of Products through the Website, you agree that you will be subject to and will comply with these Terms and Conditions when;
(a) completing your registration through the Website; and
(b) using the Website to purchase Products from us.
3.1. You must complete your registration through the customer registration process on the Website before placing an Order for Products through the Website.
3.2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Website. You must keep your account details safe and must not disclose them to any third party. The account may be used only by the individual who created it and not by anyone else.
3.3. If you choose to use a workplace email address for your account or to access the Website, you are solely responsible for ensuring that you comply with the workplace rules, policies or protocols that apply to the use of that email address, and your workplace facilities more generally.
3.4. You will be liable for all activities that are undertaken using your account, together with the associated password. You must keep your username and password strictly secure at all times. You must indemnify and hold us harmless for any and all losses of any nature that we may suffer as a result of any failure to comply with these requirements.
4.1. You agree that we may send you Marketing Materials via various channels and media (including, but not limited to, by email, SMS, phone and mail) where you have not opted out of receiving such electronic messages from us. Your agreement to receive Marketing Materials from us will be effective and will continue until you opt out in the manner set out in clause 4.2.
5.1. You acknowledge and agree that:
(a) All pictures and images of Products displayed on the Website are for illustration purposes only, and that the sizes, dimensions and appearance of the actual Products may be of different sizes, dimensions and/or appearance; and
(b) You have read any corresponding written description of the Products prior to submitting your Order.
6.1. All Products are offered on the Website subject to availability.
6.2. If we are not able to make available certain Products that are the subject of an Order because those Products are out of stock (Out of Stock Products):
(a) We will take reasonable steps to contact you, for the purpose of arranging to supply you with a replacement Product; and
(b) If after taking reasonable steps we are unable to contact you, we reserve the right to take any of the following actions at our absolute discretion:
(i) supply you with a different Product of equivalent value, as a replacement for the Out of Stock Product; or
(ii) provide you with a refund of all amounts paid for all Out of Stock Products. The refund will be made by your original payment method or by an alternative method that is available.
6.3. Upon delivery or collection of your Order, you should check the receipt that we provide you with to check whether any missing Product is identified as being an Out of Stock Product.
7.1. You may order Products by selecting and submitting your Order through the Website in accordance with these Terms and Conditions.
7.2. We may ask you to provide additional details or require you to confirm your details (for example, verbally or in email form) to enable us to process any Orders which you place through the Website.
7.3. We may also supply any information which you provide pursuant to clause 7.2 to the relevant delivery agent, in order to enable the delivery agent to fulfil delivery of your Order.
7.4. We will not be liable to you or any third party for any Claims that arise as a result of and/or that touch and concern any delay in processing your Order or delivering a Product to you, to the extent to that such delay or failure is caused (either directly or indirectly) by inaccurate or incorrect personal details or an inaccurate Delivery Address provided by you.
7.5. You acknowledge that we cannot guarantee uninterrupted, timely, secure and/or error free access to the Website. In particular, this is the case because the operation of the Website may be adversely effected by a number of factors that are outside of our control from time to time.
8.1. Any Order for a Product which you place through this Website has the status of an offer made by you to purchase the particular Product for the price notified on the Website (including the delivery and other charges and taxes) at the time you place the Order.
8.2. After you have made your offer to us in accordance with clause 8.1, we reserve the right to accept or reject your Order for any reason (at our absolute discretion). Without limitation, we may reject your offer if the requested Product is not available, if there is an error in the price of the Product and/or the description of the Product that is published on the Website, if there is an error in your Order and/or on any of the grounds specified in clause 14.1.
8.3. Each Order placed for Products through the Website which we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these Terms and Conditions.
8.4. If we reject an Order placed through the Website, then we will endeavour to notify you of that rejection at the time you place the Order. Otherwise, if this is not practicable we will notify you of the rejection within a reasonable time after you submit your Order.
9.1. Products that are the subject of an Order will be delivered to the Delivery Address via Australia Post. Australia Post cannot make deliveries on weekends or public holidays.
9.2. We cannot guarantee that Products that are the subject of an Order will be delivered within the timeframes for delivery that are stated by Australia Post. We are not in a position to control any of the actions of Australia Post. Further, from time to time Australia Post deliveries may be delayed due to unforeseen circumstances such as, without limitation, an Event of Force Majeure.
9.3. Allow up to ten (10) Business Days from the date on which you place your Order for your Products to be delivered to the Delivery Address. If the Products have not been delivered to the Delivery Address within this timeframe, please advise us at firstname.lastname@example.org and we will investigate further.
9.4. Coombe Yarra Valley does not deliver to locations outside of Australia.
9.5. Coombe Yarra Valley will not be liable for any Claims that arise as a result of and/or that touch and concern the late delivery of any Products that are the subject of an Order to you (either directly or indirectly). Without limitation, we will not provide any refund or discount on your Order or Delivery Fee for any late deliveries.
9.6. Coombe Yarra Valley will not be liable for any Claims that relate to and/or touch and concern any loss, theft or damage of Products that are delivered to a Delivery Address (either directly or indirectly). Without limitation, we will not provide any refund or discount on your Order or Delivery Fee in these circumstances.
9.7. Coombe Yarra Valley will not be liable for any Claims that relate to and/or touch and concern any loss or damage caused to the property of the Delivery Address or suffered by you that arises as a result of or that touches and concerns our delivery of the Products to the Delivery Address (either directly or indirectly).
9.8. Subject to your instructions provided to Australia Post, Products that are the subject of an Order may be left unattended at the Delivery Address. Coombe Yarra Valley is not liable for theft of Products that have been delivered.
9.9. You acknowledge and agree that:
(a) any person at the Delivery Address who receives the Order is authorised by you to receive your Order and, where relevant, make payment for that Order; and
(b) Australia Post may record the details of any identification provided in relation to delivery of Products to the Delivery Address.
9.10. If you or another person is not present at the Delivery Address to accept delivery of Products that are the subject of an Order:
(a) Australia Post will deliver the Products in accordance with your directions to the Delivery Address; and
(b) Australia Post will, or may, contact you to make alternative arrangements for delivery of the Products.
10.1. If you believe that the Products that have been delivered to you are not satisfactory for any reason (Unsatisfactory Product), you must:
(a) notify us of the relevant issue in writing by sending us an email at email@example.com within twelve (12) hours of delivery being completed, so that we can investigate your claim; and
(b) return the Unsatisfactory Product to us within twenty one (21) Business Days of the Order being delivered, in an unopened condition.
10.2. Subject to your compliance with clause 10.1, within one (1) month of us receiving the Unsatisfactory Product in an unopened condition we will take one of the following actions, at our absolute discretion;
(a) replace the Unsatisfactory Product with another product of the same type; or
(b) refund to you the full amount paid for the Unsatisfactory Product. The refund will be made by your original payment method.
11.1. You may contact Customer Service number on (03) 9739 0173 or email firstname.lastname@example.org within twenty four (24) hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. If we are reasonably satisfied that the item Product/s were not delivered to you (Product Not Delivered), we will replace the Product Not Delivered within the collection /s that were within ten (10) Business Days of the delivery or collection date.
12.1. Risk in the Products passes to you on the date and time that we deliver the Products to the Delivery Address (including unattended deliveries at the Delivery Address).
12.2. Title to the Products passes to you on the later of the date and time when we:
(a) receive payment for the Products in full; or
(b) deliver the Products to the Delivery Address (including unattended deliveries at the Delivery Address).
13.1. We have various processes in place to assist in detecting transactions that may be illegal and/or in breach of these Terms and Conditions. We may vary these processes from time to time at our absolute discretion, and without notice to you.
13.2. Without limiting the generality of clause 13.1, after we have received an Order from your account we may contact you by telephone or by email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order.
If you are unsure whether the person contacting you is from Coombe Yarra Valley, please contact our Customer Service number on (03) 9739 0173 or email email@example.com.
14.1. We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products that are the subject of the Order are not available;
(b) there is an error in the price or the product description posted on the Website in relation to any of the Products that are the subject of the Order;
(c) the Order has been placed in breach of these Terms and Conditions;
(d) we reasonably believe that you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing our Order limits; or
(e) we determine (acting reasonably) that the Order has been placed in a fraudulent, illegal or improper manner.
14.2. If we cancel an Order:
(a) In accordance with clauses 14.1(a) or 14.1(b), we will provide you with notice of that cancellation as soon as reasonably practicable, and we will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, we will refund the full amount paid to you (including any Delivery Fee or other fees and charges). The refund will be made by your original payment method.
(b) In accordance with clause 14.6(c):
(i) We will provide you with notice of that cancellation as soon as reasonably practicable.
(ii) If your Order is cancelled on this basis before the day of delivery or collection, depending on the payment method used we will either not charge you, or if we have taken payment for the Order at the checkout then we will refund the full amount paid (including any Delivery Fee and other fees and charges). If applicable, the refund will be made by your original payment method.
14.3. You may not amend your Order after it has been placed.
14.4. Force Majeure
We will not be liable or responsible for any default, failure or delay in performance of any of our obligations under this Agreement if and to the extent that such default, failure or delay is caused, either directly or indirectly, by an Event of Force Majeure, and without any fault or negligence on our part.
If an Event of Force Majeure occurs:
(a) The requirement that we perform the relevant obligations under this Agreement shall be suspended for the full period that the Force Majeure Event continues;
(b) We are not required to refund any money paid by you in connection with your Order; and
(c) Notwithstanding sub-paragraphs (a) and (b) above we may, at our absolute discretion:
(i) agree to cancel your Order and refund all or some of the money paid by you in connection with your Order; and/or
(ii) attempt to reach a solution with you which enable us to perform the relevant obligations under this Agreement despite the Event of Force Majeure having occurred.
15.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is the subject of an Order;
(b) the applicable Delivery Fee;
(c) any applicable Cancellation Fee;
(d) any other fees and charges that apply pursuant to these Terms and Conditions.
15.2. All fees and charges identified in these Terms and Conditions and all prices for the Products are in Australian dollars (AUD) and include GST.
15.3. You acknowledge that:
(a) we are not required or obliged to match any prices for any Products that are offered by any other sellers; and
(b) all pricing for Products displayed on the Website may differ depending on the postcode you have selected. By way of an illustrative example, the price for a Product in Sydney may differ to the price for that same Product in Melbourne.
15.4. The prices which we charge for the Products will, or may, change from time to time. We do not, and are under no obligation to, provide you with any notice of such changes in price.
15.5 Notwithstanding clause 15.4, unless otherwise permitted by these Terms and Conditions, once we have accepted your Order we will not change any prices that apply to the Products in that Order.
16.1. All payments are processed via third party payment systems including Stripe, Shopify and Paypal. For security purposes, your credit card details will be processed within the third party payment systems for verification and approval.
16.2. You must pay the fees and charges online using the online payment methods in clause 16.3.
16.3. We accept the following credit cards:
(i) Visa and Visa Debit;
(ii) MasterCard and MasterCard Debit; and
(iii) American Express.
16.4. If we are unable to successfully process your payment for an Order that is accepted by us, then we may notify you of dishonour and cancel your Order.
16.5. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
(a) must ensure that your Login ID and password that is used to access the Website and the details of your account are kept in a safe and secure manner at all times;
(b) must notify us through Customer Service number on (03) 9739 0173 during Contact Hours if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your personal information provided to us as part of the customer registration process;
(d) are responsible for any costs associated with your access to or use of the Website, including Internet access fees;
(e) are responsible and liable for any person that uses your Login ID and password to order Product(s) through the Website;
(f) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Login ID and password through the Website; and
(g) should check the labels on the Products before consumption or use.
You must not:
(a) use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Website;
(c) make fraudulent or speculative enquiries, Orders or requests through the Website;
(d) use another person’s details without their permission or impersonate another person when using the Website;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Website;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website;
(i) modify, adapt, translate or reverse engineer any portion of the Website;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;
(k) reformat or frame any portion of the web pages that are part of the Website;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Website to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Website other than in accordance with these Terms and Conditions;
(p) infringe any of our Intellectual Property Rights which we have in the Website or any Products; or
(q) attempt any of the above acts or engage or permit another person to do any of the above acts.
19.1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these Terms and Conditions or have used the Website in a fraudulent or improper manner.
19.2. If we lock, suspend or delete your account under clause 19.1, we will refund all credits that you are entitled to receive under these Terms and Conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
You warrant that:
(a) all information and data provided by you to us through the Website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Website and your placement of any Order to us.
21.1. To the fullest extent permitted by law, Coombe Yarra Valley will not be liable for any Claims for any loss and/or damage of any nature howsoever caused (including, but not limited to, any loss of anticipated profit, revenue, contract, opportunity or goodwill) or any damages (including, but not limited to, any special, consequential, incidental, exemplary, punitive and/or indirect damages) that arise as a result of an alleged breach of this Agreement by Coombe Yarra Valley, and/or which touch and concern the subject matter of this Agreement (either directly or indirectly). Such Claims include, but are not limited to, any and all Claims of such nature that are based in contract, tort, equity, statute or any other area of law.
(a) To the fullest extent permitted by law, except as provided for in these Terms and Conditions, all express and implied warranties under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods and Services for any purpose or otherwise are expressly excluded.
(b) All other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded to the fullest extent permitted by the applicable law, and no guarantee, other than that expressly herein contained and the statutory guarantees that cannot be excluded or limited under the applicable law, apply to the Products to which the guarantee relates, or any accessory or part thereof.
21.3. To the fullest extent permitted by law, any liability of Coombe Yarra Valley for any Claims under this Agreement and/or for a breach of or failure to comply with a guarantee under the Australian Consumer Law (other than section 51, 52 or 53) is expressly limited to the following, at the absolute discretion of Coombe Yarra Valley:
(a) a replacement of the relevant Products;
(b) if applicable, the rectification of any defects in the Products within a reasonable time; or
(c) a refund of the purchase price in relation to the relevant Products.
21.4. Without limiting the generality of clauses 21.1 to 21.3, you acknowledge and agree that each Product is provided to you on an "as is" basis, and that we do not make any warranty or representation as to the suitability of the Product for any purpose.
21.5. Our liability to you under any Claims that arise out of or touch and concern any alleged breach of this Agreement is to be proportionally reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether the relevant Claim arises in contract, tort (including negligence), equity, statute or under any other area of law.
22.1. Other than any rights which you have under this Agreement, to the fullest extent permitted by the applicable law you hereby release and discharge Coombe Yarra Valley from all present, past and future Claims which you may have or may have had but for the execution of this Agreement against Coombe Yarra Valley arising out of or in connection with the Website, the Order, the Products, all matters the subject this Agreement and all matters that directly and/or indirectly touch and concern any of these matters.
22.2. Other than in respect of any rights which you have under this Agreement, to the fullest extent permitted by the applicable law you undertake to and do hereby indemnify and forever hold harmless Coombe Yarra Valley and all Directors, other Company Officers and/or employees of Coombe Yarra Valley against any Claims initiated by you and any future proceedings brought by the Customer arising out of or in connection with the Website, the Order, the Products, all matters the subject of this Agreement and all matters that directly and/or indirectly touch and concern these matters.
22.3. You undertake to and do hereby indemnify and hold us harmless for any and all Claims, losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your:
(a) Failure to comply with this Agreement;
(b) Failure to complete an Order;
(c) Use of the Website; or
(d) Infringement of any Intellectual Property Rights, privacy rights and/or confidentiality rights of Coombe Yarra Valley, a service provider or any third party.
23.1. We may immediately suspend, terminate or limit your access to and use of the Website and (where relevant) your account if you breach these Terms and Conditions and:
(a) the breach cannot be remedied;
(b) where the breach can be remedied, if you fail to the remedy the breach within ten (10) days of us giving you notice to you of the breach and of the requirement that you remedy the breach; or
(c) if there is an emergency.
23.2. You may cease using the Website at any time and for any reason.
23.3. We may stop making the Website (or any part of it) available without prior notice to you. If we do so, any Orders that we have previously accepted will not be affected unless the Products that are the subject of the Order are no longer available or we are prevented from supplying the Products. In the event that your order is effected, we will notify you as soon as reasonably practicable and will refund to you all payments received by us in relation to the Products that are the subject of the Order.
24.3. We will only provide your personal information and sensitive information to related third parties such as our service providers (including, but not limited to, Coombe Yarra Valleys’ credit card providers, processors and delivery agents) and limited personnel within our organisation.
24.4. If you object to your personal information and sensitive information being transferred or used in the manner specified in clauses 24.1 to 24.3 please do not use the Website.
(a) acknowledge that all Intellectual Property Rights in the Website, the software, design, text and graphics comprised in the Website, the selection and layout of the Website and the content and materials on the Website (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another Website any of the material appearing on this Website without our prior written consent.
25.2. You may:
(a) store a reproduction of the content on this Website on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
25.3. This Website contains trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Website or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Website that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
26.1. The Website may contain links to external Websites that are not operated by us or our related bodies corporate.
These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those Websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You acknowledge and agree that you access and use the products and services made available at those sites solely at your own risk.
27.1. If you have placed an order on behalf of another person or entity you:
(a) warrant that you have full authority to agree to these Terms and Conditions on behalf of that person or entity; and
(b) acknowledge and agree that, without limiting your own personal obligations under these Terms and Conditions, by placing an Order you also bind the person or entity on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms and Conditions.
The Agreement supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between you and us relating to the Website, the Order, the Product, any other matter dealt with in this Agreement and all matters that directly and/or indirectly touch and concern these matters.
No delay or indulgence by us in enforcing this Agreement will prejudice or restrict our rights, nor will a waiver of any of our rights under this Agreement operate as a waiver of a subsequent breach.
30.1. We may change these Terms and Conditions at any time, without notice to you. Such modifications will be effective as soon as they are posted on the Website.
30.2. You acknowledge that, by reason of clause 30.1, the Terms and Conditions may differ for each Order which you place. In these circumstances, we recommend that you read the Terms and Conditions very carefully every time you place an order.
30.3. If you have an Order that we have accepted, the Terms and Conditions that will apply to the Order are the Terms and Conditions that applied at the time you placed your Order.
31.1. If any provision of this Agreement is or becomes invalid or unenforceable then, if the provision can be read down to make it valid and enforceable without materially changing its effect, it must be read down, and otherwise the offending provision must be severed and the remaining provisions will operate as if the provision had not been included.
32.1. In the case of Coombe Yarra Valley, notices under this Agreement must be given by way of sending these to our Contact Form, or to any other email address which we notify you of by email.
32.2. In the case of you, notices must be given to:
(a) the last address which you have advised to the us; or
(b) alternatively, to the address for you that is specified in the Order; or
(c) alternatively, to the address for you that is specified in your account with the Website; or
(d) alternatively, as otherwise notified by you to us in writing.
33.1. This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that Victoria.
33.2. Coombe Yarra Valley attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.