It is a term and condition of a reader accessing and reading the mycaviar.com.au website. myCaviar | Australia is the trading name for our website. TWA Capital Pty Ltd owns myCaviar | Australia business name and provides the material published on mycaviar.com.au on the basis that it disclaims all warranties in respect of the same whether express or implied. Your statutory rights as a consumer are not affected.
Our fulfilment centre contact:
These terms will apply to any contract between us for the sale of products to you. Please read these terms carefully and make sure that you understand them, before ordering any products from our site. Please note that by placing an order agree to these terms.
We amend these terms from time to time. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time.
All orders made by you through the mycaviar.com.au website are subject to acceptance and availability. We may choose not to accept your order for any reason.
Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice (although we will inform you if any such price change affects your order).
For the avoidance of doubt, no contract will exist between you and TWA Capital Pty Ltd for the sale by mycaviar.com.au to you of any product unless and until mycaviar.com.au sends you an e-mail confirming that it has dispatched your product.
To cancel a contract in accordance with your legal right to do so, you just need to let us know that you have decided to cancel. Please see our Shipment & Return Policy for more information.
Any material found within the pages of mycaviar.com.au, including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site. In addition, the material cannot be used for any other purpose other than for your own personal and non-commercial use.
Energia Discretionary Trust provides the mycaviar.com.au website ‘as is’ and does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
In addition, Energia Discretionary Trust makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the mycaviar.com.au website or the information or content included in this site.
This does not affect your statutory rights in relation to the goods and their fitness for purpose and satisfactory quality.
In connection with the use of the mycaviar.com.au website (including any orders of products), in no event Energia Discretionary Trust will be liable:
for losses that were not foreseeable to both parties when the contract was made
for losses that were not caused by any breach on the part of the supplier
for business losses and/or losses to non consumers
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples; and
(e) defective products under the Consumer Protection Act 1987;
You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
Energia Discretionary Trust is not responsible for the content of external websites linked from mycaviar.com.au.
These Terms and Conditions are governed by the laws of Australia.
Energia Discretionary Trust reserves the right to amend these terms and conditions from time to time.
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 an Event Outside Our Control (which means any act or event beyond our reasonable control).
If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
myCaviar, 97 Jones St Ultimo NSW 2007
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