The following is the Agreement which applies to your use of web pages, software, networks and processes associated with the Website, including the purchase of Goods using the online purchase service operated by Alpha Catering Equipment Pty Ltd ("Alpha Catering Equipment, us or we"). By browsing through the Website, or opening an Account, you agree to the terms of this Agreement. Please note that the Agreement may be amended in the future and you should review it every time you access the Website.
1.1. In these terms and conditions:
"Accounts" means the personalised account created by you on the Website enabling the Order of Goods.
"Agreement" means these terms and conditions, including the terms of any Order placed by you through the Website (if applicable).
"Goods" means any products described in an Order and includes packaging.
"Intellectual property" means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).
"Material" means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Website.
"Order" means a request submitted by you to purchase Goods from Alpha Catering Equipment through the Website.
"Website" means the Internet site located at www.alphacateringequipment.com.au operated by Alpha Catering Equipment Pty Ltd.
1.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. All references to dollar amounts are references to Australian dollars.
2. SPECIFIC WARNINGS
2.1. You must ensure that your access to, or use of, the Website is not illegal or prohibited by laws, which apply to you.
2.2. 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. Alpha Catering Equipment takes no responsibility for any such damage which may arise in connection with your use of the Website.
3. LINKED WEB SITES
3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Alpha Catering Equipment will not be responsible for the content or privacy practices associated with linked web sites.
4. CUSTOMER ACCOUNT
4.1. You must create an Account before placing an Order for Goods through the Website.
4.2. You warrant that all information and data provided by you in the creation of your Account is accurate and up to date.
4.3. You must notify Alpha Catering Equipment immediately if you become aware of any unauthorised use of your password or of any other security breach relating to your Account.
5.1. Prices displayed on the Alpha Catering Equipment website are subject to change without notice. Prices for items on an order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.
5.2. All pricing displayed on the Website is for online purchases only and may not be matched at any physical Alpha Catering Equipment retail location.
5.3. All pricing displayed in any or all physical Alpha Catering Equipment retail locations may not be matched by the Website.
5.4. You agree to pay the delivery charges specified at the time you submit your Order.
5.5. If an error is made or a product is listed at an incorrect price, Alpha Catering Equipment shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, Alpha Catering Equipment shall immediately issue a refund.
6.1. You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and pressing the “Complete Order” button. Orders will be deemed to have been received by Alpha Catering Equipment at the time we send an Order confirmation to your nominated e-mail address.
6.2. Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.
6.3. Alpha Catering Equipment reserves the right to not accept Orders that request commercial quantities of Goods. If Alpha Catering Equipment is unable to supply your total Order this Agreement will apply to the supply of all or part of the Order.
6.4. Alpha Catering Equipment will use its best endeavours to supply Orders placed through the Website, however Alpha Catering Equipment reserves the right to cancel any Order without notice for any reason.
6.5. In event of a cancelled Order, any payments processed by Alpha Catering Equipment will be promptly refunded.
6.6. Customers who wish to cancel a Order must notify Alpha Catering Equipment at email@example.com by 9am on the next business day following the date of Order, quoting the Order reference number.
6.7. You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances Alpha Catering Equipment accepts no responsibility.
6.8. For international orders please email customer service firstname.lastname@example.org. Payment by direct deposit only. Insurance for delivery of goods is required for all international orders. Allow ten working days for direct deposit clearance.
7.1. You may provide your nominated credit card details during the purchase process described on the Website.
7.2. Once you submit your payment details by pressing the “Complete Order” button. Alpha Catering Equipment will process payment for the Goods (plus any delivery charges) using your nominated credit card (Visa or MasterCard).
7.3. You authorise Alpha Catering Equipment to debit such amount from your nominated credit card.
7.4. If your nominated credit card is declined by your financial institution, Alpha Catering Equipment will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.
7.5 Alpha Catering Equipment may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to Alpha Catering Equipment.
8. DELIVERY, RISK AND TITLE IN THE GOODS
8.1. Alpha Catering Equipment will use its best endeavours to deliver the Goods to your nominated delivery address within the time period specified at the time of placing your Order, however Alpha Catering Equipment will not be liable to you or anyone else for any losses suffered or incurred due to delay.
8.2. An authorised signatory needs to be at the delivery address to sign for and receive the goods.
8.3. The goods shall be at the customers risk from the date of delivery or the date upon which the customer is notified the goods are available for delivery, whichever comes first. If the customer fails or refuses to take delivery of the goods, the customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by Alpha Catering Equipment as a result thereof, including all storage and handling costs and Alpha Catering Equipment, at its discretion may charge a restocking fee of 25% of the purchase price.
9. FAULTY OR DAMAGED GOODS
9.1. All Damaged & faulty goods must be reported to Alpha Catering Equipment within 24hrs of delivery. Please email claims to email@example.com. Failure to do so may result in rejection of claims and as a result all additional charges incurred by Alpha Catering Equipment in replacing the goods will be passed onto the customer, Alpha Catering Equipment at its discretion may charge a restocking fee of 25% of the purchase price. Check all items before signing for them. Do not sign for and accept delivery if goods are obviously damaged in transit.
9.2. Alpha Catering Equipment will use its best endeavours to repair or replace any faulty Goods, or Goods damaged prior to delivery.
9.3. Damaged or faulty Goods will be repaired or replaced (at the discretion of Alpha Catering Equipment) or where repair or replacement of damaged or faulty Goods is not possible (in the opinion of Alpha Catering Equipment) a full refund will be issued for the value of the damaged or faulty Goods.
9.4. All damaged and faulty goods must be returned to Alpha Catering Equipment.
10.1. Other than in accordance with clause 9, Alpha Catering Equipment will only accept the return of Goods that have been supplied incorrectly, or vary from their description on the Alpha Catering Equipment website.
10.2. All other returns must be returned in “As new” condition in the original carton it was received in, failure to do so Alpha Catering Equipment will charge the customer a restocking fee of 25% of the purchase price.
10.3 If the return is the nature of incorrect choice by the customer, the customer is responsible for the return of the goods and will be charged a 25% restocking fee.
11. INTELLECTUAL PROPERTY
11.1. All Intellectual Property in any Material on the Website is the property of Alpha Catering Equipment, its advertisers or third party providers. Unless expressly authorised under this Agreement, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
12.1. You waive, release, discharge and relinquish any and all claims that you now have or may have against Alpha Catering Equipment which are connected with, arise out of, relate to or are incidental to the use of the Website.
12.2. You agree to indemnify Alpha Catering Equipment and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Alpha Catering Equipment arising out of or in connection with the Website by any other person as a result of your, or any person using your password:
- Act or omission;
- Breach of this Agreement; or
- Infringement of any Intellectual Property on the Website.
13. LIMITATION OF LIABILITY
13.1. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Alpha Catering Equipment (in negligence or otherwise) is limited (at the option of Alpha Catering Equipment) to the resupply of goods or services, or the cost of having the goods or services supplied again. Alpha Catering Equipment shall not be liable for any indirect or consequential loss.
13.2 Nothing in these terms and conditions is intended to limit or exclude any liability on Alpha Catering Equipment’s part where and to the extent that applicable law prohibits such exclusion or limitation.
14.1. Alpha Catering Equipment may terminate or suspend this Agreement at any time by sending you a notice by e-mail to your nominated e-mail address advising that your Account has been suspended, such termination to be effective the day the notice is received or such later date as specified in the notice.
15.1. Alpha Catering Equipment Pty Ltd (“Alpha Catering Equipment”) is committed to protecting the privacy of your personal information not only because of our legal and ethical commitment to compliance with the law but because we know that you care how information about you is used and shared. We do not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this Privacy Statement.
We collect and hold the following types of personal information.
- Information about individuals who are customers or target customers as given to us by those individuals or obtained in the public domain from other sources such as magazines and newspapers.
- Information about roles, means of communication with and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
The information is held in hard copy and electronic records in data storage systems which permit lawful access only by those company officers, employees and contractors who need access to perform their functions. It is destroyed when it is no longer useful or it is unreliable and cannot be corrected.
We gather personal information about you for the purposes of:
- marketing, supplying or delivering our products to you;
- carrying out repair work which you have requested;
- improving and developing our products; and
- expanding our business.
We share personal information with wholly owned subsidiaries of Alpha Catering Equipment and as described below. All Alpha Catering Equipment subsidiary companies are subject to this Privacy Statement and follow practices described in this Privacy Statement.
We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party contractor to deal with customer enquiries, product orders and deliver our products to you. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact our Administration Manager at firstname.lastname@example.org. A $25 administration fee will be charged for the retrieval of any personal information.
15.2. Any information collected about you through this web site is used exclusively for the purpose of processing orders, improving your shopping experience, or to communicate with you regarding products and services and special promotions. We will only collect personal information to the extent deemed reasonably necessary to serve our legitimate business purposes. We will store any information that you provide securely and will not sell or release it to any other business or person.
16.1. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
16.2. A failure or delay by Alpha Catering Equipment to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Alpha Catering Equipment does not preclude its future exercise or the exercise of any other power or right