ECOMMERCE TERMS AND CONDITIONS

By using the application or website operated by The Shed Group (Aust) Pty Ltd (ACN 611 545 996) (“The Shed Website”), the customer (“You”) agree to the following ecommerce terms and conditions (“Ecommerce Terms and Conditions”), the Website Terms of Use and the Privacy Policy. If you have any questions relating to these Ecommerce Terms and Conditions, please contact customer service on admin@theshedcafe.com.au (“Customer Service”).

  1. General Provisions
  • You may purchase food products or merchandise (“Goods”) by booking a request for such purchase (“Order”) through the ordering system published on The Shed Website (“Web Order System”) either:
  • by making a one off booking by completing the personal and billing information on the “Online Store” component of The Shed Website; or
  • by creating an online account which will allow You to make regular Orders.
  • In respect to your use of the Web Order System, You agree and acknowledge that:
  • You are fully responsible for the safekeeping of your personal details, passwords and payment details as provided in connection with the creation and use of the online account on The Shed Website (“Online Account”). The Shed Group (Aust) Pty Ltd (ACN 611 545 996( (“The Shed”)uses a protected environment (hhtps) to ensure that the passwords and payment details are protected;
  • all personal details, such as your name, telephone number, email address, payment details, and Order details are correctly supplied by You to The Shed. Should these details be incorrect, The Shed will accept no liability whatsoever in this respect;
  • all Orders made through the Web Order System are deemed to be an express intention to purchase the Goods for the agreed online price;
  • each Order You place will form a separate and binding agreement between You and The Shed with respect to the supply of Goods, in accordance with these Ecommerce Terms and Conditions.
  • The Shed reserves, at its sole discretion, the right to terminate your access to the Web Order System and/or to cancel or amend any Orders You have placed. You shall have no right to claim any loss, damage or compensation whatsoever against The Shed should The Shed exercise any of its rights in the Ecommerce Terms and Conditions.
  • The Shed may amend the Ecommerce Terms and Conditions from time to time without prior notice to You.
  1. Your Conduct
  • You must act reasonably and in good faith in your conduct with The Shed and The Shed Website.
  • You are permitted to provide comments or feedback about The Shed’s performance or Goods (“Feedback”) on The Shed Website.
  • In relation to the Feedback, You agree and acknowledge that:
  • Your rights and interests in this Feedback, including any copyright, are waived and transferred immediately to The Shed;
  • The Shed obtains all proprietary interests in this Feedback; and
  • The Shed may use this Feedback as it deems fit.
  • The Shed reserves the right to deal with, remove or delete, at its sole discretion, any Feedback or comments provided by You should The Shed determine, in its sole discretion, that such Feedback provided violates any law or regulation, is or may be false, misleading, deceptive, defamatory, threatening, harassing, discriminatory, obscene or harmful in any way. You shall not be entitled to any compensation from The Shed for any loss or damage sustained in this respect.
  • You acknowledge that:
  • All pictures and images of Goods displayed on The Shed Website are for illustration purposes only and the actual Goods may differ in real life; and
  • You have read any corresponding information or description of the Goods prior to submitting your Order.
  • In relation to any Order made, You acknowledge that you act on your own behalf and not for any third party. The contract for supply of Goods shall be between You and The Shed.
  1. Obligations of The Shed
  • The Shed shall endeavour to process and dispatch all Orders within 2 working days.
  • While The Shed endeavours to always maintain its full inventory of Goods displayed on The Shed Website, Goods may from time to time be unavailable or not be as described. If You Order any Goods that are unavailable The Shed shall use reasonable endeavours to arrange a full or partial refund to You.
  • The Shed reserves the right to withdraw or suspend any Goods displayed on The Shed Website for sale either temporarily or permanently without any notice.
  1. Paymentfor the Goods
  • All prices displayed on The Shed Website are in Australian Dollars and are inclusive of GST (where applicable). All costs are exclusive of delivery charges which shall be calculated prior to finalising your Order.
  • All Goods must be paid for by You to The Shed immediately at the time of making the Order through the Web Order System.
  • Any payment in respect of your Order must be cleared and received by The Shed prior to the Order being dispatched. Orders are subject to validation checks of account and credit card holder details.
  • Should the payment transaction for the Goods be declined or have failed, The Shed reserves the right, at its absolute discretion, to refuse to deliver the Goods to your chosen address.
  • Once payment of your Order has been processed You shall receive a tax invoice via email.
  1. Delivery and returns
  • All deliveries are fulfilled via a third party logistics provider and all delivery times stated on The Shed Website are estimates only. The Shed makes no representations, guarantees or warranties as to when an Order may be delivered. The Shed accepts no liability for any late delivery due to the actions of any third party.
  • The Shed retains legal title to the Goods until the latter of the dispatch of the Order or full payment is received by The Shed.
  • The Shed only ships the Goods available on The Shed Website to valid addresses within Australia.
  • Risk to the Goods passes to You upon The Shed dispatching the goods to a third party for delivery and The Shed shall not be held accountable for any loss or damage caused to the Goods during the course of delivery.
  • The Shed shall use reasonable endeavours to ensure that the third party who will deliver the Goods is aware of the contents being delivered so that reasonable precautions can be taken to ensure the Goods are not damaged.
  • The Shed accepts no liability where You have supplied an incorrect shipping address. The Shed advises You to always check your shipping address prior to ordering.
  • The Shed accepts no liability for loss or damage to Goods where You are not present at the shipping address or have provided authority for Goods to be left unattended at the shipping address.
  • Except where permitted under the Competition and Consumer Act 2010(Cth), The Shed only offers returns and refunds for faulty, damaged or perished Goods. The Shed does not issue refunds for change of mind after your Order has been dispatched.
  • For any faulty or damaged Goods (including food which has perished) please contact Customer Service.
  • If You choose to cancel your Order please contact Customer Service. If your Order has been already dispatched then it unfortunately cannot be cancelled.
  1. Limitation of Liability
  • To the maximum extent permitted by law, the Shed and its directors, employees, agents, suppliers and content providers make no representations or warranties of any kind with respect to this Website and its contents, including without limitation the products, security of the Website, accuracy of information or availability of services offered or sold on or through the Website. You use this site at your own risk.
  • Except as required under the Competition and Consumer Act 2010(Cth) (as amended from time to time) or any other relevant legislation, The Shed and its directors, employees, agents, suppliers and content providers make no warranties and/or representations in respect to the Goods, including but not limited to the quality, availability and/or purpose of the Goods, or any content or material provided by the manufacturer of the Goods. The Shed is not liable for any claims made by You for loss or damages in this respect.
  • To the full extent permitted by the Competition and Consumer Act 2010(Cth) (as amended from time to time) or any other relevant legislation, The Shed’s liability for any loss or damages sustained by You is limited to the sums paid by You for the Goods.
  • The Shed reserves its right to amend any typographical errors in the displayed prices for the Goods as offered through The Shed Website.
  1. Intellectual Property

You agree and acknowledge that:

The Shed Website and its entire content and technology is the property of The Shed or its Related Entity (as defined in the Corporations Act 2001 (Cth));

  • You shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, license, sublicense or otherwise deal with The Shed Website;
  • The Shed and The Shed Website name and logos are the property of The Shed or its Related Entity and must not be used by You without the prior written consent of The Shed or its Related Entity; and
  • all goodwill generated from the use of The Shed Website shall vest in The Shed or its Related Entity.
  1. Jurisdiction
  • The Ecommerce Terms and Conditions are governed by the laws of New South Wales. Any claim or dispute between You and The Shed that arises in whole or in part from the Ecommerce Terms and Conditions shall be decided exclusively by a court of the competent jurisdiction in Sydney, New South Wales. The Ecommerce Terms and Conditions constitute the entire agreement between You and The Shed.

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