Incorporation of terms
- Any supply of Goods by ZBS to you in connection with this Website is subject to the Supply Terms.
- By making a Request with us, you acknowledge and agree you are bound by the Supply Terms, this Website Use Terms and you acknowledge and consent to the Privacy Policy.
- ZBS may at any time vary and amend the Supply Terms by publishing the varied terms on this Website. You accept that by doing this, ZBS has provided you with sufficient notice of the variation and amendment.
- It is your responsibility to familiarise yourself with the current Supply Terms each time you visit the website.
Requests and Orders
- ZBS can choose to accept or reject (in its discretion) a Request within 3 Business Days of receiving it.
- Payment of the Price and Shipping Fee relating to the Request must be submitted at the time of making the Request.
- If ZBS rejects your Request, it will notify you in writing of the rejection and refund you the Price and Shipping Fee within 3 Business Days, excluding bank transfer processing time frames.
- If ZBS accepts your Request, it will process and Deliver your Order in accordance with the Supply Terms.
Delivery
- Delivery is only available in some areas of Australia. ZBS will endeavour to make available the list of postcodes relating to the areas in which Delivery is available prior to you making the Request however ZBS reserves the right to reject a Request if it (or its delivery partners) is unable to Deliver it to your address in its discretion.
- While ZBS will use reasonable endeavours to Deliver your Order to you within 5 Business Days, it cannot guarantee that your Order will be delivered within this time frame.
- Title in the Goods passes to you upon Delivery. It is not responsible for any loss or damage to the Goods following Delivery.
Returns and Refunds
If:
- there is a defect in the Goods;
- there is a deficiency or error in the Order at the time of Delivery; and/or
- the Goods supplied to you are not in accordance with the Consumer Guarantees, or the supply of the Goods to you is not in accordance with the Consumer Guarantees,
you will be entitled to a refund or the re-supply of Goods constituting the Order without charge, to the extent required to remedy the defect, deficiency, error or breach of Consumer Guarantees. ZBS reserves the right to request reasonable evidence confirming an alleged defect, deficiency, error or breach of Consumer Guarantees along with proof of purchase.
Limitation of liability
Except in the case of a breach of the Consumer Guarantees, the liability of ZBS for any loss or damage suffered by you in contract in tort or otherwise, is limited to the refund or replacement of the Goods in question.
Excluded terms
To the maximum extent permitted by law, all terms, conditions and warranties that would be implied into the Supply Terms or in connection with the supply of the Goods under law, statute, custom or international convention are excluded.
Force Majeure
If ZBS is delayed or hindered in or prevented from performing any of its obligations in connection with any Order by reason of any event or circumstance beyond its reasonable control, ZBS will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
General
- If any provision of the Supply Terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected.
- The supply of Goods by ZBS to you and the Supply Terms are governed by the law applying in Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Supply Terms or in connection with the supply of the Goods.
Definitions
In these Supply Terms, the following definitions apply:
Business Days means the days in which banks are open in every state and territory in Australia;
Consumer Guarantees means the guarantees set out in Division 1, Part 3-2 of the Australian Consumer Law;
Delivery means the deposit of an Order to the address specified in the Request;
Goods means any goods sold by ZBS on this website;
Order means a Request which is accepted for Delivery by ZBS;
Price means the purchase price of the Goods, including GST unless stated otherwise;
Request means an irrevocable offer made by you to purchase Goods from ZBS at the Price and subject to the Supply Terms;
Shipping Fee means the shipping and postage costs associated with the Request or Order, as applicable and includes GST unless stated otherwise;
Supply Terms means the above terms and conditions entitled “Supply Terms” and any terms agreed in writing between you and Us prior to Us accepting the Order;
Website Use Terms means the terms and conditions by which the use of this website is regulated, set out at here;
You means the user of this Website which effects a Request; and
ZBS means Zeally Bay Sourdough Pty Ltd (ACN 125 515 031) as trustee for the Zeally Bay Sourdough Trust (ABN 21 775 390 553).