Terms and Conditions
Welcome to Filo Artisan Trade website. This page shows you the terms and conditions on which Filo Artisan Trade supply to you the products listed on our website www.filoartisantrade.com.au via our shop services. We reserve the right to amend these Terms and Conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.
About Us: We are CJU Nominees Pty Ltd. (ACN 628 585 231) trading as Filo Artisan Trade. We operate the website www.filoartisantrade.com.au.
Service availability: Our site is only intended for use by people residing in Australia. We do not accept orders from individuals outside Australia. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.
Your status: By placing an order through Our Site, You warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old; and you are resident in Australia.
Cancellation of order: You can cancel an individual chocolate bar order provided it has not entered our dispatch process. We cannot give exact timings of when orders enter dispatch, however if you email us at firstname.lastname@example.org we will endeavour to help you. Once you have notified us that you are cancelling your order, any sum debited from your payment card will be re-credited to your account within 30 days of your order cancellation.
Change of details: You must promptly advise us of any changes to your information provided to us as part of the customer registration process. Changes to address details and/or delivery instructions must be received by email at email@example.com or within your online account by midnight on the 25th day of each month. Changes to payment details must be received on the 19th day of each month. We will not be liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.
Price and payment: Product prices include applicable taxes, including any GST payable. Payment for all Products must be by credit or debit card or any other payment method on the online checkout page. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in the cases of obvious error. From time to time we may need to revise the price of its products up or down. For price variations, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing for your subscribed service to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may cancel your order before the new pricing plan takes effect.
Refunds policy: If you are unhappy with any product you receive from us, please contact us immediately at firstname.lastname@example.org, sending a photo of the product. We retain the right to request return of any faulty products. If the fault is agreed, a replacement product will be provided, or a full refund, including any reasonable cost incurred by you in returning the product, will be given for the returned product within 14 days. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Please do not send your product back to the manufacturer or supplier of any of the products. For bags purchases, you can
obtain a refund by returning the Product to Us within 30 days after You received it, provided it is unused and in a re-saleable condition and provided further that You can supply the delivery note or receipt as Your proof of purchase of the Product.
If after purchase, any Product fails to give reasonable wear - due to either defective workmanship or materials – You may obtain a refund by returning the Product to Us within a reasonable period of time and provided that You can supply the delivery note or receipt as Your proof of purchase of the Product, We will credit the purchase price of the Product to the credit card which was used to place the Order. This guarantee is in addition to and does not affect Your statutory rights.
Events Outside of Our Control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (‘Force Majeure Event’).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:-
a) strikes, lock-outs or other industrial action;
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) Impossibility of the use of public or private telecommunications networks;
f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
Delivery: We only deliver to addresses within the Australia Post delivery network. Please note that if you live outside of the Australia Post Express Post network it may be difficult for us to deliver the product to you in a timely manner and/or good condition, and we reserve the right to charge an additional delivery fee.
Delivery is primarily through the Australia Post Express Post service. We accept no liability or responsibility for incorrectly placed orders, or for delivery details which are incorrectly supplied or you fail to supply. We recommend that you nominate a safe, cool location for delivery of your products. You will be responsible for your order from the time we deliver your products to your nominated address. We accept no liability or responsibility for any product once the product has been delivered to you. You understand that we may need to change the date of dispatch from time to time, for example due to inclement weather making delivery difficult, or public holidays. We will notify you as soon as reasonably practicable if your dispatch date changes for any reason.
Acceptance or rejection of an order: We reserve the right to accept or reject your order for any reason. If we reject an order placed through the Site, then we will notify you of that rejection within a reasonable time after you submit your order.
You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.
Warranty: Our products come with guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The consumer guarantees that apply to goods you purchase: a) Goods will be of acceptable quality; b) Goods will be fit for a particular purpose; c) Goods will match their description; d) Any express warranties will be honoured; e) you will have title to the goods.
You acknowledge that the products displayed on our website are indicative only, and the products you receive may vary from those displayed according to availability and your stated preferences. In particular, images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Confidentiality of you login details: You are responsible for maintaining the confidentiality of your login details and you accept responsibility for all activities that occur under your login. You must notify us immediately in the event of any unauthorised use or misuse of your account or where there is any other breach of security
Disclaimer and limitation of liability: The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits.
While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the products again refunding the purchase price of the Products.
Linked websites: From time to time this Site may contain links to other third party websites. We do not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and we expressly exclude any liability which may arise from your use of or access to those third party websites.
Dietary information: Products you buy from us may be made in the same environment as nuts, gluten products and other allergens and therefore we cannot guarantee that they are free from nut or gluten traces. Our suppliers provide dietary information on their products, but we do not make any warranties as to the accuracy of this information and we do not assume any liabilities.
Intellectual Property: We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved. If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
Proprietary Rights: This Site contains materials that are owned by or licensed to us. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site.
Events outside our control: We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is cause by any act, event, non-happening, omission or accident beyond our reasonable control.
Severability: If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Governing law and jurisdiction: The laws of Victoria and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of Victoria and any courts of appeal therefrom.