- In this Agreement, the following words have the following meanings:
- ACL means the Australian Consumer Law Schedule to the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended.
- Agreement means any agreement for the provision of Goods by One Collective Group to the Customer in relation to a Coffee Subscription;
- Coffee Subscription means a recurring monthly delivery of Goods as specified by the Customer in accordance with the options provided by One Collective Group until cancelled by the Customer in accordance with these Terms.
- Consumer is as defined in the ACL.
- Customer means any customer of One Collective Group or any person acting on behalf of and with the authority of the Customer.
- Goods means all Goods supplied by One Collective Group to the Customer (and where the context so permits shall include any supply of services), including the Coffee Subscription, and are as described on the invoices as provided by One Collective Group to the Customer.
- One Collective Group means One Collective Group Pty Ltd ACN 604 582 854, its successors and assigns or any person acting on its behalf and with its authority.
- Price means the Price payable for the Goods in accordance with clause 3 of this these Terms.
- Terms means these Terms & Conditions of Sale.
- These Terms apply exclusively to every Agreement.
- Any order One Collective Group receives from the Customer for the supply of Goods shall constitute acceptance of these Terms.
- Upon acceptance of the Terms by the Customer, these Terms are binding and can only be amended with One Collective Group's prior written consent.
- Goods are supplied by One Collective Group only on these Terms to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these Terms.
3. Coffee Subscription
- Unless agreed in writing, the Customer must subscribe to a Coffee Subscription via stremiocoffee.com (Website).
- The Website will set out the Coffee Subscription options to which the Customer may subscribe.
- In order to subscribe to a Coffee Subscription, One Collective Group may require additional information from the Customer, including the Customer's credit card details, delivery / billing address, and any other information considered necessary (Payment Information). For details on how One Collective Group handles this information please visit https://stremio.com.au/pages/privacy-policy.
- By agreeing to these Terms and subscribing to a Coffee Subscription, the Customer warrants and acknowledges that the Customer has the legal right to provide the Payment Information and to make payments using the Payment Information.
- The Customer authorises One Collective Group to use the Payment Information in any way considered necessary to process payments in accordance with these Terms.
- By entering into these Terms and subscribing to a Coffee Subscription, the Customer accepts and acknowledges that the Coffee Subscription selected will require recurring payments which will be directly debited from the Customer's nominated account using the Payment Information.
- Once the Customer has subscribed to a Coffee Subscription, the Goods applicable to the Coffee Subscription will be delivered monthly.
- The Coffee Subscription will continue until the Customer notifies One Collective Group to cancel the Coffee Subscription in accordance with the cancellation policy in clause 10.
- The Customer accepts and agrees that One Collective Group may also authorise payment using the Payment Information from time to time in payment of fees and charges applicable to the Customer's Coffee Subscription.
- The offer of fourth month free, is a one time only offer. It is not a reoccurring offer. The Customer must reach the four consecutive months of their Coffee Subscription in order to redeem their fourth month free offer.
- The fourth month free offer will automatically occur, processing your order without any charge for that month. Post the fourth month offer redemption, the normal subscription fee will be charged again for the following months and subsequent months for as long as the Customer subscribes.
- The Customer cannot unsubscribe post their four months and resubscribe and redeem the fourth month free offer again. It is only one per person.
- Subject to clause 4.3, the Price of the Goods forming part of the Coffee Subscription shall be in accordance with One Collective Group’s current price at the date of delivery of the Goods, according to One Collective Group’s current Price list.
- One Collective Group reserves the right to change the Price in the event of a variation to the listed Price.
- Where One Collective Group seeks to vary the Price, One Collective Group will notify the Customer within 14 days of the Customer's next Coffee Subscription delivery. Upon receiving such notice, the Customer may:
- accept the new Price which will be applicable to the Customer's next Coffee Subscription delivery and continue with the Agreement; or
- refuse the new Price and cancel the Agreement.
- In relation to the Customer's first order for the Coffee Subscription:
- the Customer must make payment using any of the methods specified by One Collective Group for payment from time to time;
- payment will be processed by One Collective Group at the time that the Customer submits the first Coffee Subscription order; and
- the Customer's order will not be fulfilled until payment in full has cleared.
- In relation to the Customer's subsequent monthly orders for the Coffee Subscription:
- recurring monthly payments will be directly debited from the Customer's nominated account, on the date stated by One Collective Group, using the Payment Information;
- payment will be processed by One Collective Group at regular monthly intervals in accordance with the Coffee Subscription Price; and
- the Customer's order will not be fulfilled until payment in full has cleared.
- GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
6. Delivery of Goods
- One Collective Group will arrange for the delivery of the Goods to the Customer.
- The costs of delivery of the Goods forming a Coffee Subscription order are inclusive in the Price.
- The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If the Customer is unable to take delivery of the Goods as arranged then the Customer shall be deemed to have taken delivery of the Goods and One Collective Group shall be entitled to charge a reasonable fee for redelivery.
- Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of these Terms.
- One Collective Group may deliver the Goods by separate instalments.
- Subject to the ACL:
- the failure of One Collective Group to deliver shall not entitle either party to treat an Agreement as repudiated; and
- a specified delivery time is an estimate only, and One Collective Group shall not be liable for any loss or damage whatsoever due to failure by One Collective Group to deliver the Goods (or any of them) in accordance with that estimate.
7. Risk and Liability
- All risk for the Goods passes to the Customer on delivery.
- Where the Customer expressly requests One Collective Group to deliver the Goods to an unattended location, then such Goods shall be left at the Customer’s sole risk and it shall be the Customer’s responsibility to ensure the Goods are insured adequately or at all.
- The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use or possession of any of the Goods sold by One Collective Group, unless recoverable from One Collective Group on the failure of any statutory guarantee under the ACL.
- Except as these Terms specifically state, or as contained in any express warranty provided in relation to the Goods, One Collective Group does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or any contractual remedy for their failure.
- If the Customer is a consumer nothing in these Terms restricts, limits or modifies the Customer's rights or remedies against One Collective Group for failure of a statutory guarantee under the ACL.
- If clause 6 does not apply, then other than as stated in these Terms or any written warranty statement One Collective Group is not liable to the Customer in any way arising under or in connection with the sale, use of, storage or any other dealings with the Goods by the Customer or any third party.
- One Collective Group is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
- The Customer acknowledges that:
- it has not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by One Collective Group in relation to the Goods or their use.
- it has not made known, either expressly or by implication, to One Collective Group any purpose for which it requires the Goods and it has the sole responsibility of satisfying itself that the Goods are suitable for the Customer's use.
- Nothing in these Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
- If the Customer is unhappy with the Goods delivered, the Customer may contact One Collective Group within 14 days of delivery seeking an exchange or refund, provided that the Customer is able to provide proof of purchase.
- The Customer must at its own cost and risk send the Goods back to One Collective Group to enable One Collective Group to make an assessment of the Customer's concern.
- One Collective Group will, in its sole discretion, make an assessment as to whether a refund or exchange will be granted in the circumstances.
- If the Goods are found to be faulty, not match their description or perform their intended function, then One Collective Group will offer the Customer:
- a refund to the Customer's original payment method;
- a store credit to the Customer for use on the Website; or
- an exchange for replacement products of equal or lesser value.
- If the Customer is a consumer, nothing in this clause 8 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.
9. Cancellation of Orders
- If One Collective Group is unable to deliver or provide the Goods, then One Collective Group may cancel any order (even if it has been accepted) before the Goods are delivered by giving written notice to the Customer. On giving such notice One Collective Group shall repay to the Customer any sums paid in respect of the Price. One Collective Group shall not be liable for any loss or damage whatsoever arising from such cancellation.
- If the Customer purports to cancel an order, One Collective Group is under no obligation to accept the purported cancellation. If the purported cancellation is accepted, the Customer shall be liable for any loss incurred by One Collective Group (including, but not limited to, any loss of profits) up to the time of cancellation.
10. Cancellation of Coffee Subscription
- One Collective Group may cancel the Customer's Coffee Subscription at any time by providing the Customer 5 days written notice.
- The Customer may cancel the Coffee Subscription at any time by providing One Collective Group 30 days notice via the subscription portal. (Cancellation Period).
- Anything less than 30 days, will mean the next order will be fulfilled and Customer subscription cancelled post that delivery. (Cancellation Period).
- The Customer acknowledges that any cancellation of the Coffee Subscription does not waive the Customer's obligation to pay any required payments during the Cancellation Period.
- Subject to clause 8, any payments which have been paid prior to the Customer's cancellation will not be refunded.
- The laws of Victoria from time to time govern these Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
- One Collective Group’s failure to enforce any of these Terms shall not be construed as a waiver of any of One Collective Group’s rights.
- If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
- A notice from One Collective Group to the Customer must be in writing and may be handed personally, sent by email, or prepaid mail to the Customer's last known address or email address.
- A notice from the Customer to One Collective Group must be in writing and sent by email to firstname.lastname@example.org.
- Notices sent by pre-paid post are deemed to be received upon posting. Notices sent email are deemed received on confirmation of successful transmission.