1. General   

1. These terms and conditions set out how “we”, Di Bella Coffee Supply Holdings Pty Ltd A.C.N 600 072 688 (DBC/We/Our/Us) will sell our products to “you”, our customer (You/Your). We refer to the terms and conditions in this document as “T&Cs”.

2. These T&Cs will apply to Your purchase of products from Us. If We have entered into a separate written agreement with You for the purchase of our products, You agree that these T&Cs will apply in addition to the terms of that separate agreement. However, if there is any inconsistency between these T&Cs and the terms of that separate agreement, the terms of that separate agreement will apply to the extent of the inconsistency.

100. We reserve the right to make changes to these T&Cs on fourteen (14) days written notice to You.

2. Purchasing our Products

1. When You submit an order to Us for Our products, You are making an offer to purchase those products. We may accept or reject that offer for any reason (acting reasonably).

2. Your order is only accepted by Us once We have provided You written confirmation via email.

100. All orders must be placed before 11:59pm the day prior to Your allocated shipping date (Order Deadline).

500. Please ensure Your order is correct prior to placing an order. If we accept Your order then:-

1. We will deliver to You the products included in the order; and

2. You will be required to purchase and pay for those products, unless the order is cancelled in accordance with clause 7 herein or otherwise in accordance with these T&Cs.

5. A minimum order value of $250.00 per order is required (MOV).  If Your order does not satisfy the MOV threshold, Your order will incur a shipping fee (calculated at the time of purchase).  We will provide reasonable written notice to You when we introduce or make changes to the MOV threshold for Our products. While we will try and give You as much notice as We can, there may be circumstances where a MOV threshold is introduced or changed at short notice (for example, if there is a major supply disruption event).

3. Pricing for our products 

1. Unless We have otherwise agreed with You in writing a price for the products You order, the total price for the products ordered will be calculated at the time You place the order for the products, subject to additional shipping costs (as may be applicable).

2. All prices are in Australian Dollars (AUD$) and are exclusive of GST.

100. We reserve the right to update prices displayed on fourteen (14) days written notice to You.

4. Delivery of our products 

1. Your order will be shipped to Your nominated business address (or such other delivery address that we agree with You), on Your allocated shipping date.

2. All orders are delivered by StarTrack or such other carrier as We nominate from time to time

100. While We do everything We can to ensure Your order is delivered in a timely manner, We will not be liable for any loss or damage incurred by any person as a result of delay caused by Our carrier that we have no control over or by any event which is out of Our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to Us.

500. Risk in the products will pass to You on dispatch of the products.

5. Ownership of Our products will not pass to You on delivery. Ownership will pass to You once We have received payment in full of the amount set out in the invoice We issue You for those products or at the time.

5. Payment for our products 

1. At the time of placing an order, You will be automatically prompted to either:-

1. (i)      Pay at the time of placing Your order using a payment method that We accept for making payments (such as credit card or debit card payments) if agreed or required by Us. If you pay via credit card or debit card, you may also be liable to pay the applicable surcharges associated with this payment method. The amount of the surcharge will be provided to you at the time of placing your order and shall not be excessive; or

2. Pay upon receipt of a valid tax invoice from Us and pursuant to an established payment method (such as direct debit).

2. In the event that You are required to pay at the time of placing an order as per clause 5(a)(i), the following term applies:-

1. Upon receiving Your order we carry out a standard authorisation check on Your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of Your card must be treated as a deposit against the value of the goods You wish to purchase. Once the goods have been dispatched and You have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods You have purchased as listed in the confirmation email.

100. In the event that You are required to pay upon receipt of a valid tax invoice from Us as per clause 5(a)(ii), the following terms apply:-

1. Upon the dispatch of Your order, a tax invoice reflecting the amount You are required to pay for the products will be emailed to Your nominated email address;

2. You must pay the tax invoice within seven (7) days from the date of the invoice;

3. if You do not pay for delivered products by the relevant due date, then that amount is a debt immediately due and payable to Us. Without limiting any other rights We have in relation to the outstanding amount(s), we may:

1. Contact You to demand immediate payment; and

2. Reserve the right to require You to pay immediately at the time of placing any future orders. 

6. Goods and Services Tax (“GST”) 

1. In this clause 6, “GST Law” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and other terms defined in the GST Law also have the same meaning in this clause 6 unless the context otherwise requires.

2. All amounts payable under these T&Cs are exclusive of GST, unless stated otherwise.

100. If We make a taxable supply to You in connection with these T&Cs, You must pay any applicable GST amount at the same time and in the same way as the amount to which the GST amount relates.

500. If You make a taxable supply to Us in connection with these T&Cs, We will pay any applicable GST amount at the same time and in the same way as the amount to which the GST amount relates.

5. If there is an adjustment event that results in the GST being different from the GST amount You paid to Us, we:

1. will give you an adjustment note; and

2. may recover the difference from You (or refund the difference to You, as applicable) by giving You 7 days’ notice from the date of the adjustment note.

7.  Cancelling an order 

1. You may cancel an order that you’ve placed with Us by contacting Us at coffee@rfg.com.au or via the “Contact Us” form on the website, at any time up until 11:59pm AEST the date prior to Your allocated shipping date.

2. In the event that You successfully cancel Your order pursuant to clause 7(a) herein and have already paid for Your order, a credit for the order amount will be provided to Your account and will be applied to a future order placed with Us. Any refunds for a cancelled order are within Our absolute discretion (acting reasonably).

100. You are not able to cancel an order on or after the date of delivery for that order (or cancel that part of an order relating to products delivered as an instalment of the total order).

500. You acknowledge that:

1. there may be circumstances in which We cancel an order placed on your account where You are not in breach of these T&Cs (for example, if we have detected fraudulent, or potentially fraudulent, activity on Your account); or

2. We may cancel part of an order placed on Your account to the extent that the order exceeds any caps or other limitations placed on Your account

8. Refunds

1. Please ensure You review Your order summary carefully prior to submitting an order. We do not offer refunds if you change Your mind or make the wrong decision, subject to clauses 7 and 9 herein.

9. Concerns with products delivered 

1. When We deliver products to You, You must inspect the products at the time of delivery (or as soon as possible after that).

2.  If you discover that:

1. the products delivered to You do not match the products specified on Our invoice; or

2. any of Our products are faulty or defective at the time they were delivered,

You will need to notify us by contacting Us at coffee@rfg.com.au or via the “Contact Us” form on the website within twenty-four (24) hours from delivery and provide full details of your concerns with the products delivered.

100. Except where the law provides otherwise, We will consider that You have accepted the delivered products and that they are not faulty or defective if You haven’t submitted a claim within twenty-four (24) hours from delivery.

10. Events beyond our control 

1. If an event occurs that is beyond Our control and it means We are not able to deliver to You all of the products in Your order, We:

1. will notify You that the event has occurred; and

2. may suspend the delivery of Your order (or part of Your order) while that event continues, or We may reduce the quantity of products that we deliver to You.

2. If the event continues for more than a month after we have given You notice of the event, We or You can cancel any of Your orders for products that remain undelivered.

100. Where an events beyond Our control, You cannot make a claim against Us for any loss, damage, liability, cost or expense that You have suffered as a result of any suspension, reduction or cancellation of Your order in connection with that event.

11. Liability 

1. If We deliver to You a product that is faulty or defective, Our liability in respect of that product is limited to (at our election) Us either:

1. replacing the product;

2. supplying an equivalent product; or

3. paying You the reasonable costs for replacing the product or acquiring an equivalent product.

2. To the extent allowed by law, and without limiting our liability under the Australian Consumer Law, Our liability to You in connection with any order of products from Us will not exceed the price of goods contained in that order.

100. To the maximum extent allowed by law:

1. We won’t be liable to You, and You won’t be liable to Us for any loss of profits, loss of revenue, loss of any contract value, loss of anticipated profit or damages for lost opportunity, cost of finance or any loss that is not a direct result of, and does not flow naturally from, the relevant action or inaction;

2. We won’t be liable to you for any loss, damage, liability, cost or expense that You suffer to the extent it is caused or contributed to by You or any of Your personnel; and

3. You won’t be liable to Us for any loss, damage, liability, cost or expense that We suffer to the extent it is caused or contributed to by Us or any of Our personnel.

(d) For avoidance of doubt, nothing in these T&Cs limit your rights under the Australian Consumer Law.

12. Warranty Disclaimer

1. To the extent permitted by law, any condition or warranty which would otherwise be implied into these T&Cs is hereby excluded.

13. Intellectual Property

1. The specifications and design of the products (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain Our property.

14. Default 

1. We will consider you to be in “Default" if You:

1. fail to pay the amount in an invoice on or before the date it is due;

2. commit a breach of these T&Cs that can be remedied, and You have not remedied that breach within 14 days of Us notifying You of that breach in writing;

3. commit a breach of these T&Cs that cannot be remedied; or

4. are insolvent, or are likely to be insolvent, where “insolvent” means You are insolvent under applicable law (for example, under the Corporations Act 2001 (Cth)) or are otherwise unable to pay your debts when they are due to be paid.

2. If You are in “Default”, we may:

1. retake possession of the products that You have not paid for, which may include Us entering your outlet(s) to remove those products, (We will give You a reasonable period of notice to make payment of the outstanding amount(s) before We do this);

2. cancel any part of your order that remains undelivered; and

3. require You to immediately pay any amount(s) that You have not paid on time.

15. Confidentiality and Privacy 

1. The price at which We supply our products to You is confidential, as are the terms and conditions of any other arrangements We have with You in relation to the supply of Our products. You must keep this information confidential and must not disclose this information to any other person, company or organisation, except where We give You Our prior written consent or if the law requires You to do so.

2. We will comply with the Privacy Act 1988 (Cth) and other applicable laws relating to privacy, personal information or the collection, handling, storage, processing, use or disclosure of data in connection with these T&Cs. If those laws also apply to You, We expect You will also comply with these laws.

100. You consent to Us dealing with Your personal information (and the personal information of any of Your personnel) in accordance with our privacy policy, which is available at http://www.rfg.com.au /privacy-policy/).

500. We will use personal information about You and Your personnel that is provided to Us in order to manage our relationship with You.

16. General 

1. These T&Cs constitute the entire agreement between Us and You in relation to the purchase of our products. Any terms printed on Your orders or other documentation do not apply unless We specifically agree with You in writing that they apply to an order of Our products.

2. If any part of these T&Cs is or becomes illegal, void or unenforceable, this does not invalidate the rest of these T&Cs.

100. If You are required to pay any amount to Us, we can deduct that amount from any amount(s) that We are required to pay to You.

500. These T&Cs are governed by the law of Queensland, and any matters relating to the T&Cs are to be submitted to the jurisdiction of the Courts of Queensland.

5. No claim or right under these T&Cs will be deemed to be waived unless the person who has the claim or right has confirmed the waiver in writing.