GOLD CUP ESPRESSO (GCE)

TERMS & CONDITIONS

1. ORDERS

1.1. You can place an Order by following the instructions on the Website.

1.2. An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order. GCE may accept or reject your offer in its absolute discretion. In particular, but without limitation, GCE may reject Orders for commercial quantities of Goods.

1.3. Each Order that you place will, if accepted by GCE, be a separate and binding agreement between you and GCE with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

1.4. Ensure that you enter all information carefully when placing an Order. You warrant to GCE that all information provided by you in relation to each Order is complete, true and accurate.

1.5. Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by GCE. GCE will use reasonable endeavors to cancel or change the Order if it has not already been shipped.

1.6. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), GCE will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by GCE, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

1.7. Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge will apply to each Order. GCE cannot consolidate separate Orders into one delivery.

1.8. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

1.9. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), GCE will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events related to internet connection with you accessing the website.

2. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

2.1. When you submit an Order you will receive an Order reference number via e-mail or you will receive our confirmation via e-mail.

2.2. GCE will process payment for your Order when you place your Order. Your Order is deemed to be accepted by GCE when GCE does this, however GCE may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that GCE cancels your Order having already processed payment, it will refund payment.

2.3. When GCE accepts an Order it represents an agreement by GCE to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

2.4. If an order includes services such as delivery and /or installation, we may contact you to obtain more information about the site that the goods/ equipment will be installed and in some cases we will require access to the site prior to installation service.

2.5. If an order or purchase order is received by GCE with the extended term of the delivery longer than 30 days, GCE has the right to revise the order. The revised quotation will be determined and/or take into account: the availability and current prices of the stock, scope, colour confirmation, delivery dates, our labour costs, allowance for changes in foreign exchange rate, overhead costs for ongoing changes, deposits/progress payments.

2.6. You may pay for goods and services using the following payment methods: credit card, (Visa, MasterCard or American Express), Gift Card, EFT or by calling our Sale Dep with details of your credit card (2.5% Merchant’s surcharge will apply)

2.7. By providing your credit card/payment card/Gift Card you authorise GCE to deduct the price and the applicable delivery/installation charge(s) from such cards.

2.8. GCE reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

2.9. GCE may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:

(a) where our fraud detection systems detect possible irregularities; `
(b) because your financial institution has declined payment; or
(c) because your payment card has expired. Where this is the case, GCE reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

2.10. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared or a special arrangement had been negotiated for deposits or partial payments and all the conditions for delivering goods are met as per these special arrangement terms for dispatching or delivering goods to you.

2.11. For “pick up” Orders. Please contact GCE for terms and conditions.

3. CANCELLATION OF ORDERS

3.1. GCE reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. GCE may do this for example, but without limitation, where:

(a) GCE’s suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond GCE’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that GCE is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error in quoting or supplying technical specification, for example, in relation to a description, price, specification or image, which was not discovered prior to the Order being accepted;
(d) in other circumstances making the delivery and installation impossible and beyond GCE’s control

3.2. You may cancel your Order where GCE:

(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable agreed delivery time, other than a result of any delay for which you are wholly or partly responsible; or (ii) which was outside GCE’s control

3.3. Where GCE cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

3.4. In the event of GCE cancelling your Order after payment has been processed, GCE will refund any money paid in respect of that Order.

3.5. If the intended supply of goods and/or services exceeds AUD $5,000.00 and is cancelled by you, GCE reserves the right to request 10% cancellation fee of the full total of goods and services in respect of that order.

3.6. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, GCE will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4. AVAILABILITY OF GOODS

4.1. As GCE is dependent upon its Suppliers to provide stock, GCE cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. GCE reserves the right to withdraw or suspend from sale any Goods on offer, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available inventory and GCE is unable to fulfil your Order, you will be notified as soon as possible.

4.2. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), GCE will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5. DELIVERY AND/OR INSTALLATION

5.1. Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

5.2. Goods will only be delivered to addresses within Australia. GCE is unable to deliver to certain parts of Australia and where this is the case you will be notified.

5.3. Delivery of Goods may have extended delivery times and are subject to local transport schedules. If additional charges from a third party apply to your Order, GCE will contact you prior to delivery to advise such charges.

5.4. Following dispatch of your Goods, GCE will email you with confirmation of dispatch and an invoice for your Order.

5.5. Installation of the Goods is a separate charge. Please click HEREfor more information on installation services.

5.6. If you request multiple delivery dates for an Order, GCE may charge separate Delivery Charges for each delivery.

5.7. If there is change to the delivery date GCE require a minimum of 24 hours’ notice prior to delivery.

5.8. When you purchase delivery for your Goods, you agree to comply with the delivery requirements specified below.

(a) The person accepting delivery of the Order must print their name and sign the delivery manifest with the time and date of the delivery. The person may also be required to provide photo identification in order to verify his or her identity.
(b) Delivery will be made to the nominated address. Goods will not be delivered to any location other than the address on the Order confirmation.

5.9. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), GCE will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the delivery of the Goods, including, where arising as a result of:

(a) any third party interference;
(b) any late or lost deliveries; or (c) the Goods being misdirected.

6. REFUNDS OF YOUR MONEY

6.1. Where GCE is obliged to refund your payment pursuant to these Terms and Conditions, GCE aims to initiate your refund within 5 business days (Monday – Friday 9am to 5pm Melbourne time).

6.2. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), GCE will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

7. RETURNS/FAULTY OR DAMAGED GOODS

7.1. You should check your Goods as soon as they are delivered to you in order to ensure that:
(i) they are what you ordered; and
(ii) they are not damaged or faulty. If this is not the case, you should contact GCE as soon as possible.

8. INSTALLATION

8.1. For Installation Terms & Conditions, please click HERE

9. TECH SUPPORT

9.1. For Tech Support Terms & Conditions, please click HERE

10. REPAIRS & MAINTENANCE

10.1. For Repairs & Maintenance Terms & Conditions, please click HERE

11. MORE INFORMATION ABOUT GCE’S LIABILITY TO YOU

11.1. To the full extent permitted at law, GCE is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

12. PRIVACY

21.1. GCE policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

13. GENERAL

13.1. GCE reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

13.2. Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.