TERMS AND CONDITIONS
DISCLAIMER
ACCEPTANCE OF TERMS
Soprano Coffee Pty Ltd trading as ”Soprano Coffee” provides website services to you subject to the following Terms of Use (TOU), which may be amended by us from time to time with no notice to you. When using any Soprano Coffee website services you are also subject to any rules or guidelines which may be posted, and/or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.
Your use and, continued use, of Soprano Coffee constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.
ACCURACY OF INFORMATION
All material on Soprano Coffee is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of Soprano Coffee is at your sole risk. Access to Soprano Coffee is provided on an ‘as available’ basis. Neither Soprano Coffee its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on Soprano Coffee will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to Soprano Coffee will be uninterrupted, timely or secure. Soprano Coffee will not be liable for loss resulting from any action or decision by you in reliance on the information on Soprano Coffee, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
PRODUCT DESCRIPTIONS
Soprano Coffee and its affiliates attempt to be as accurate as possible. However, Soprano Coffee does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Soprano Coffee itself is not as described, your sole remedy is to return it in unused condition.
LIMITATION OF LIABILITY
The Trade Practices Act and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Soprano Coffee of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”).
Soprano Coffee does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
a) Soprano Coffee and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
b) Soprano Coffee does not warrant that the functions contained in any content or your access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits web content to you are free of viruses or any other harmful components,
c) all content is provided “as is” and without warranties of any kind, either express or implied, d) Soprano Coffee does not warrant or make any representation regarding your access to, or the results of your access to, the web site (including any related or linked web sites) or any content in terms of correctness, completeness, accuracy, timeliness, or otherwise, and
Under no circumstances (including but not limited to any act or omission on the part of Soprano Coffee) will Soprano Coffee or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any Content. You expressly acknowledge and agree that Soprano Coffee does not exert control over users of the web site (including individuals referred to on the web site as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Soprano Coffee‘s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Soprano Coffee in the case of goods supplied or offered by Soprano Coffee, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
•During the roasting process, our master roasters and high tech machines will detect most foreign objects such as but not limited to, wood, small rocks. Unfortunately, due to the nature of Coffee roasting there is a very small chance such objects may be found in the packaged coffee. If this is the case, we will gladly replace the bag of coffee beans however we will not accept any responsibility for damaged machines.
APPLICABLE LAW
These conditions and all other specific and additional terms which govern your use of and access to Soprano Coffee will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
COPYRIGHT
The material provided on Soprano Coffee is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Soprano Coffee or the appropriate supplier or licensor of Soprano Coffee.
All software used on this web site is the property of Soprano Coffee or its software suppliers and is protected by Australian and international copyright laws.
TRADEMARKS
The Soprano Coffee logo and the logos of the Soprano Coffee products are registered trademarks of Soprano Coffee or its related companies. Other trademarks may be displayed on Soprano Coffee from time to time. These may belong to third parties. Nothing displayed on Soprano Coffee should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.
YOUR ACCOUNT, MEMBERSHIP AND/OR REGISTRATION
In your use of the web site, you agree to provide true and complete information about yourself as required by the web site’s Registration Form
In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Soprano Coffee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Soprano Coffee has the right to suspend or terminate your account and refuse any and all current or future use of the web site (or any portion thereof).
If you use this web site, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
ELECTRONIC COMMUNICATIONS AND YOUR CONDUCT
When you visit Soprano Coffee or send email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will also communicate with you in a similar fashion. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ONLINE SECURITY
At Soprano Coffee we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.
Soprano Coffee will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.
RISK OF LOSS
All items purchased from Soprano Coffee are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DELIVERY OF GOODS
Items are shipped standard via a combination of couriers and Australia Post.
Soprano Coffee does not accept 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 do so by clicking the following box.
REFUNDS AND RETURNS
Returns are only accepted with prior approval from Soprano Coffee and must be with 7 days of delivery. A 30% restocking fee applies and the item must be unused and the packaging in new condition. Soprano Coffee will also accept returns in accordance with New South Wales and Australian law.
REPAIRS AND WARRANTIES
Most items are covered by manufacturers warranty so if a product is faulty please contact us immediately so as to authorise a repair or replacement. If an item arrives and is faulty on arrival please contact us within 14 days so we can arrange a replacement or repair.
GST
Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by Soprano Coffee are GST inclusive. Soprano Coffee will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the “Act”). Tax invoice means tax invoice as defined by the Act.
THIRD PARTY LINKS AND ADVERTISING
Hyperlinks and pointers to web sites operated by third parties will appear on Soprano Coffee web site from time to time. These web sites do not form part of Soprano Coffee and are not under the control of Soprano Coffee or its related bodies corporate and neither Soprano Coffee nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave Soprano Coffee and do so entirely at your own risk.
If you contact a third party using functionality provided on Soprano Coffee, including via email, Soprano Coffee accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
ERRORS AND OMISSIONS
Soprano Coffee endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.
GIFT VOUCHER TERMS AND CONDITIONS
1. The following conditions set out the terms for the purchase and use of Gift Vouchers issued by Soprano Coffee. By purchasing a Gift Voucher you agree to be bound by these Gift Voucher terms.
2. All conditions shown on Gift Vouchers are to be read together with these Terms & Conditions and Additional Terms and all other notices displayed on this on this Website.
3. When you make a purchase on behalf of another individual and you provide us with their personal information, you warrant that you are authorised to provide us with that personal information and that we are able to use that personal information for the purposes as set out in our privacy policy. This would include, for example, using their email address to undertake delivery of the purchase.
4. Soprano Coffee reserves the right to change these Gift Vouchers terms at any time. Changes to Gift Voucher terms will be available on this Website or by contacting Soprano Coffee. Each Gift Voucher must be purchased and used in accordance with these Terms & Conditions and any Additional Terms. Gift Voucher terms cannot be varied by you.
5. Gift Vouchers are valid for 3 years from the date of purchase and are valid for purchases of Website Products via the Soprano Coffee Website. The voucher is not redeemable at Soprano partner cafes or at Soprano Flagship cafes.
6. If the date of issue is not specified on the card, the expiry date will be 3 years after the date of purchase. This card will be void and may not be redeemed after expiry date. Cannot be reloaded. Cash will not be given for any unused amount. Purchases exceeding available balance require difference paid by other method.
7. You are responsible for the use, safety and security of your Gift Voucher. Defaced, mutilated, altered, lost or stolen cars will not be replaced, refunded or redeemed. Gift Vouchers are not transferrable, exchangeable, refundable or redeemable for cash. Any unused Gift Voucher values are not transferable, exchangeable, refundable or redeemable for other goods or services and cannot be taken as cash. To the full extent permissible by law, you are liable for all transactions on your Gift Voucher.
8. Gift Vouchers may not, without the prior consent of Soprano Coffee, be resold or offered for resale or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser from Soprano Coffee or any other person. If a Gift Voucher is sold or used in breach of these Terms & Conditions or any Additional Terms, Four Pillars reserves the right to cancel the Gift Voucher without a refund.
9. Gift Voucher Delivery
It is the responsibility of the purchaser to correctly address gifts, whether by email, post or courier. Soprano Coffee cannot be held responsible for any damaged, missing or delayed orders where incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided.
a. Gift Voucher Delivery via Email
Soprano Coffee is not liable or responsible for any loss suffered as a result of a Gift Voucher via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the recipient does not receive the email Gift Voucher, please contact us to send vouchers to an alternative email address. Alternatively, we can change the delivery method which would incur the normal delivery fee of that service.
b. Delivery via Australia Post
Standard Post delivery is via Australia Post. Soprano Coffee accepts no responsibility for any damage, loss or delay as a result of using Australia Post’s service. If for any reason your Gift Voucher doesn’t arrive, please contact us immediately and we can arrange for the Gift Voucher emailed to you free of charge.
10. If you have any queries, please contact us and we will be pleased to assist.