Terms and Conditions
FLOSS BAKES PTY LTD TERMS AND CONDITIONS OF SALE
These Terms and Conditions were last updated 8 July 2021.
1 Definitions and Interpretation
1.1 The words “us” or “our” or “we” or “Floss” refers to Floss Bakes Pty Ltd ACN 649 489 734 and the words “you” or “your” refers to the party accessing the website for the purpose of viewing its contents and/or placing an order with us for the purchase and supply of Goods.
1.2 “Goods” means each and every baked or otherwise cooked item or other food or drink supplied by us to you in accordance with these Terms and Conditions and any replacement, altered or substituted therefore and includes but not limited to items displayed in store and/or featured on the website www.floss-bakes.com
1.3 “Order” has the meaning as provided at clause 4.2 of these Terms and Conditions.
1.4 “Price”, subject to clause 4 of these Terms and Conditions, shall mean the price payable by you for the Goods as notified by us at the time of your placing an order with us for the Goods or your collecting the Goods from us whichever is the earlier.
1.5 “Services” shall mean all services supplied by us to you and includes any advice or recommendations in relation to the Goods (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Tax Invoice” means the document we issue to you or issued to you on our behalf detailing the following:
(a) the Goods to be supplied;
(b) the price of the Goods; and
(c) special conditions of supply.
1.7 The headings used in these Terms and Conditions do not form part of these Terms and Conditions and are for convenience only.
1.8 As the context requires, reference to the singular includes the plural and vice versa; reference to a gender denotes the relevant gender; and reference to a person denotes an individual or corporation or other legal entity as applicable.
2.1 Any instructions received by us from you or on your behalf for the supply of Goods and/or your acceptance of Goods supplied by us shall constitute acceptance of these Terms and Conditions.
2.2 Any variation to these Terms and Conditions requested by you will not be effective unless agreed in writing by us.
2.3 You authorise your servants and agents to take delivery on your behalf of Goods and Services sold or provided to you by us, and such authority shall continue until written notice of revocation by you is expressly served upon us.
2.4 You must immediately on attending to collect the Goods whether personally or by agent,inspect the Goods and inform us of any damage, shortages or anything else not in accordance with these Terms and Conditions or an applicable Order.
2.5 Goods are taken to be as ordered and accepted by you if you do not inform us as referred to in clause 2.4.
3.1 These Terms and Conditions and all obligations hereunder shall be binding on you and your personal representatives, successors and permitted assigns and shall be for the benefit of us and our successors and assigns.
3.2 A failure by us to exercise any right under these Terms and Conditions or failure to insist on strict performance of any part of these Terms and Conditions does not operate as a waiver and we are entitled to require strict compliance with these Terms and Conditions at any time and a partial exercise of a right does not preclude any further exercise of the right.
3.3 You shall be liable for and shall pay to us any and all of our expenses including but not limited to any legal costs (on an indemnity basis) for dishonoured cheque fees and other expenses payable under these Terms and Conditions (including for costs and expenses incurred by us in enforcing our rights under the Terms and Conditions) together with any collection costs of and incidental to the enforcement of, or the preservation of any rights under these Terms and Conditions. Such costs and other expenses may be recovered as a liquidated debt.
4 Price and Payment
4.1 At our sole discretion, the Price shall be as published at the time of your placing an order with us and recorded on Tax Invoices provided by us to you in respect of Goods and Services ordered.
4.2 If you have submitted an order to us to supply to you Goods (“Order”) you acknowledge and agree that:
(a) you have read, understood and accepted that the supply of Goods is subject to these Terms and Conditions and to the Directions;
(b) your Order shall constitute an offer to treat which may be accepted by us by our providing to you or as directed by you the items constituting the Order and/or our issuing a Tax Invoice to you for the Goods.
4.3 Payment for the Goods the subject of the Order must be received by us before the Goods will be handed to you or your agent unless alternative arrangements have been made in writing between you and us.
5 Collection of Goods
5.1 Collection of Goods shall be undertaken by you or on your behalf.
5.2 Any collection dates and/or collection times communicated in any way by us to you are estimates only and we will notify you when the Goods are available for collection.
5.3 Collection of the Goods (and risk in respect of the Goods passes to you) is taken to have occurred when you take possession of the Goods at our address.
5.4 Delivery of the Goods to a third party as directed by you is deemed to be delivery to you.
5.5 We may provide Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these Terms and Conditions.
5.6 We shall not be liable for any loss or damage whatsoever due to failure by us to provide the Goods (or any of them) promptly or at all.
6 Force Majeure
6.1 We shall not be liable for any delay or for the consequences of any delay in performing or failure to perform any of our obligations under these Terms and Conditions if such delay is due in full or in part to any cause whatsoever beyond our reasonable control. Such delay or failure shall not constitute a breach of these Terms and Conditions and we shall be entitled at our option to either extend the time for delivery or performance for a reasonable period or to notify that Goods cannot be supplied without any recourse by you to any claim for damages.
7 Your Acknowledgements
7.1 You warrant and acknowledge that all Goods are purchased relying solely upon your own skill, judgement and enquiries as being suitable for your requirements and we have given no warranties about the suitability of any Goods you purchase.
7.2 We warrant and you acknowledge that we have taken all reasonable steps to satisfy ourselves that the ingredients identified on labels on the packaging of Goods are accurate and that we may reasonably rely on the representations and labelling given to us by manufacturers and suppliers of the ingredients used in the Goods.
7.3 You further acknowledge and agree that the accuracy of the labels on packaging of Goods are solely dependent on the preparation and packaging process of the manufacturer of and/or the supplier of the ingredients to us for the Goods and you forever release and indemnify us in respect of any loss, injury or death that may result from the manufacturer or supplier of the Goods incorrectly labelling the packaging of ingredients for the Goods (including but not limited to the actual ingredients or quality of the ingredients contained in the Goods).
8.1 We shall not allow credit for returns. Your sole right is to a replacement of Goods if in our sole opinion the Goods do not meet our reasonable standard of production.
9.1 Subject to clause 9.2, all terms which would otherwise be implied under any law are excluded except as stated in these Terms and Conditions.
9.2 If under any law, any terms which apply to the supply of Goods or Services under these Terms and Conditions cannot legally be excluded, restricted or modified then those terms apply to the extent required by that law.
9.3 The only remedy of you against us for any loss, damage or liability whether in contract, tort, negligence or otherwise in connection with:
(a) these Terms and Conditions and/or Goods and Services;
(b) our supply of the Goods and Services; or
(c) our failure to supply the Goods and Services to you;
shall be limited to, in our absolute discretion:
(d) the replacement of the Goods or supply of equivalent Goods;
(i) the payment of the cost of replacing the Goods or acquiring equivalent Goods;
(ii) re-performing the Services.
9.4 You must satisfy yourself as to the truth and accuracy of and may not rely for any purpose on any representation, warranty or other term made by or on behalf of us which is not set out in these Terms and Conditions.
9.5 We are not liable for any damage, economic loss or loss of profits whether direct, indirect, general, special or consequential:
(a) arising out of a breach of an implied or express term; or
(b) suffered as a result of the negligence of us or our employees or agents, apart from liability as set out in this clause.
10 Enforceability and Jurisdiction
10.1 In the event that the whole or any part or parts of any clause in these Terms and Conditions is found to be unenforceable by a Court then such clause or part thereof shall be to that extent severed from these Terms and Conditions without affecting the validity and enforceability of the remainder of these Terms and Conditions.
10.2 If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining Terms and Conditions shall not be affected, prejudiced or impaired.
10.3 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland. The parties submit to the exclusive jurisdiction of the Courts in Brisbane.
10.4 The parties agree that proceedings may be commenced in any court in Brisbane and consent to that court having jurisdiction by virtue of this clause notwithstanding that the court would not have such jurisdiction without this consent.
10.5 We may license, sub-contract or assign all or any part of our rights and obligations under these Terms and Conditions without your consent or requiring us to seek your consent.
11 Notices and our Tax Invoices
11.1 If required in these Terms and Conditions notices are to be given by us to you by delivering personally, sending by post, by facsimile transmission or email transmission to your last known address or contact details and the notice shall be taken, if sent by ordinary post, to be delivered on the second business day following posting. If notice is sent to you by personal delivery or by facsimile or email transmission notice shall be taken as delivered on the date of such personal delivery or date of facsimile or email transmission.
12 Special Conditions
12.1 You acknowledge and agree that the Goods supplied by us to you, their presentation and/or packaging may in their entirety or in part be protected by copyright, trademark, and/or other laws of Australia and that you will not now nor for a period of 12 months after the date that we last supplied items to you bake, cook, produce, package or display items the same as or deceptively similar to the Goods previously supplied by us to you without our written consent first had and received.