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Terms and Conditions

Terms and Conditions

1.          IN THIS AGREEMENT:

“Goods” means goods offered for sale by Kaffeina to you from time to time.

“Kaffeina” means Kaffeina Group Pty Ltd ABN 94 152 310 999 of 3 Dairy Drive Coburg North, VIC 3058.
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Written Material” means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.


We shall accept your order by letter or e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made.
It is possible that the price may have increased from that posted in our Written Material.
All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
If we do not have the Goods you order in stock, we will offer you alternatives before we dispatch your order. If this happens you may:
-             accept the alternatives we offer;
-             cancel your order;
-             leave the order valid, but tell us to omit the out-of-stock item.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
We are not experts about goods like these Goods. You may not rely on our expertise.
Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.


You must pay us the full price of your order before we will send any part of it.
Banking charges by the receiving bank on payments to us will be borne by us.
You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.


Kaffeina has a manufacturer's 1-year warranty on a back to base from date of purchase. Kaffeina is not the manufacturer of the Machines for the purpose of this warranty


You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.

6.         DELIVERY

Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
We may deliver the goods in installments if the goods are not available at the same time for delivery.

7.          GOODS RETURNED

If Kaffeina agrees that you may return goods and only if we agree that you can return the goods the following conditions shall apply:
-             You must tell us you wish to cancel within 7 days of your receipt of the Goods;
-             In any event, you may not cancel orders for food or other perishable Goods, nor for handmade, specially commissioned or personalised goods;
-             The Goods must be returned to us within 21 days of your telling us you wish to cancel:
o    with both goods and all packaging in their original condition;
o    securely wrapped;
o    including our delivery slip;
o    at your risk and cost.
After we have received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;
If you do not return the Goods to us, you are still liable to us for the cost.
We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.

8.         DISCLAIMERS

We may make improvements or changes to our Written Material or to any of the Goods, at any time and without advance notice.
You are advised that Written Material may include technical inaccuracies or typographical errors.
We give no warranty and make no representation, express or implied, as to:
-             the adequacy or appropriateness of the Goods and Services for your purpose.
-             the truth of any information given in our Written Material;
any implied warranty or condition as to merchantability or fitness of    the Goods for a particular purpose;-            
-             compliance with any law;
-             non-infringement of any right.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract, which is the subject of the dispute.

9.         INDEMNITY

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.


Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.


If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.


12.      NO WAIVER

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.


In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.


We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.


The information contained herein is confidential and the property of Kaffeina. This is subject to change without notice and quotations are valid for 14 days from issue.  Revisions may be issued to advise of such changes and/or additions and quote is subject to acceptance by Kaffeina Administration. © Kaffeina Group Pty Limited, All rights reserved. All prices are GST exclusive where GST applies.


This Contract shall be interpreted according to the Laws of Victoria, Australia and the parties agree to submit to the exclusive jurisdiction of the Australian courts.