1.1 In these Webstore Terms, We, Our or Us means Premier Products Australia Pty Ltd as trustee for The M & N Calabrisello Family Trust ABN 40 988 112 428 trading as Premier Tazze (Premier Tazze*); and You or Your means the person who accepts these Webstore Terms, by using this Website and associated software, networks and processes, including the purchase of goods or services (Products) through the Website.
1.2 You agree that these Webstore Terms apply to every sale of Products by Premier Tazze to You facilitated via this Website (www.premiertazze.com), to the exclusion, to the fullest extent permitted by law, of all other terms and conditions of sale. Premier Tazze’s Terms of Trade (available at www.premierproducts.com.au) may apply, to the exclusion of these Webstore Terms, to sales facilitated via this Website to certain trade Customers of Premier Tazze as may be agreed in writing from time to time.
1.2 By browsing the Website, or placing an Order, You agree to these Webstore Terms, which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.3 The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
2. LEGAL CAPACITY
If you are under the age of eighteen (18) years you cannot place Orders with Premier Tazze. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
3. WEBSITE USE
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3.2 You must ensure that Your access to or use of the Website is not illegal or prohibited by laws which apply to You.
3.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
3.4 We may suspend or terminate your access to all or any part of the Website at any time.
4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except by agreement between You and Us in writing or by email; or in accordance with clause 7.4.
4.2 For retail customers: prices listed on the Website include goods and services tax (GST). Delivery Costs which are payable by You are shown separately on an Order.
4.3 For wholesale and trade customers: prices listed on the Website exclude goods and services tax (GST). If delivery costs are payable by You they will be shown separately on an Order.
5. PRODUCT SPECIFICATIONS
5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
5.2 All weights and dimensions of Products described in the Website are approximate.
6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make an offer to enter into an agreement to purchase the Products the subject of Your Order (Purchase Contract).
6.2 Orders will be deemed to have been received by Premier Tazze at the time Premier Tazze sends an Order confirmation to Your nominated email address.
6.3 It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
6.4 Premier Tazze reserves the right to decline to enter a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Products.
6.5 In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with email confirmation of the cancellation and refund.
6.6 Premier Tazze does not accept any responsibility for Orders that are declined, delayed, or not accepted due to disruptions with internet connections.
6.7 Premier Tazze shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Premier Tazze (or its affiliates), and Premier Tazze shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
7.1 You may provide Your nominated credit card during the purchase process described on the Website.
7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled, and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
7.4 Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
8. DELIVERY AND OWNERSHIP OF THE GOODS
8.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Premier Tazze does not accept any liability for loss or damage suffered by anyone because of any such delays.
8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Premier Tazze. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by email via the email address nominated in their Order. Customers are permitted to cancel their Order and receive a refund or store credit at any time prior to dispatch of the Products.
8.3 Premier Tazze will not deliver Products to PO Box addresses.
8.4 Title and risk in the Products pass to You at the point of delivery at Your nominated delivery address. Products may be delivered without Your physical acknowledgement of their receipt.
8.5 The couriers or postal services nominated by Premier Tazze will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6 Premier Tazze is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer’s responsibility to liaise with the courier nominated by Premier Tazze (as notified to the Customer) in relation to date and time of delivery. Premier Tazze shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.7 Premier Tazze will not ship to locations outside Australia. Premier Tazze reserves the right to not ship to remote or rural locations.
9. FAULTY OR DAMAGED GOODS
Premier Tazze will repair, replace, or refund faulty or damaged Products in accordance with Your rights under the Australian Consumer Law.
10. INTELLECTUAL PROPERTY
All Intellectual Property in any content or material on the Website is the property of Premier Tazze. Unless expressly authorised under these Webstore Terms or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any content or material or any part of any content or material.
12.1 Premier Tazze reserves the right to make changes to the Premier Tazze Website and these Webstore Terms without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Webstore Terms are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Webstore Terms.
12.2 These Terms are qualified by any law which applies, and which cannot be excluded. If any provision of these Terms is deemed to be unlawful or unenforceable, such provision shall be read down to the extent permitted, or severed from these Terms, unless the severance of the provision would materially affect or alter the nature or effect of the obligations of the parties under these Terms, without affecting the enforceability of the other provisions.
12.3 A failure or delay by Premier Tazze to exercise a power or right under these Webstore Terms does not operate as a waiver of that power or right, and the exercise of a power or right by Premier Tazze does not preclude its future ability to exercise that or any other power or right.
12.4 Insofar as they apply to the ordering, purchase, fulfilment and delivery of Products from Premier Tazze, these Webstore Terms are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
12.5 No Premier Tazze employee or agent has the authority to vary any of the Webstore Terms governing any sale.
Effective 1 April 2021
* Premier Tazze is a registered trade mark of Premier Products Australia Pty Ltd as trustee for The M & N Calabrisello Family Trust ABN 40 988 112 428