| 1. Important disclaimer
While The Truffleman
has made every effort to ensure the information contained in its website
is free from error, The Truffleman does not warrant the accuracy, completeness
or adequacy of the information in this website. All information is subject
to change without notice. The Truffleman does not guarantee that The
Truffleman's website or third party websites will be free from viruses.
While all reasonable care has been taken in the preparation of the material
contained on this website, The Truffleman and each party providing material
displayed on this website disclaim liability to all persons in relation
to any action(s) taken on the basis of currency of material or any loss
or damage suffered in connection with that material. You should make
your own enquiries before entering into any transaction on the basis
of the material on this website.
Shopping at The Truffleman
requires the inclusion of certain terms and conditions to satisfy the
interests of you, the purchaser, and The Truffleman, the seller.
In shopping with us you
will be accessing, using and/or browsing this website. It is agreed
that you are bound by our terms, conditions, disclaimers and limitations
of liability here described. The Truffleman reserves the right to amend
or update such terms, conditions, disclaimers and limitations of liability,
at any time without providing notice to you. By using the website, you
acknowledge that you have read and understood these Terms and Conditions.
The Terms and Conditions
listed in this document govern the use of TheTruffleman website ("the
website") and the purchase of any goods or services from it. The
website is owned and operated by RBL International Pty Ltd (ABN 65 121
870 648).
For assistance you can
contact us on 61 (0) 400 100 582 between 9am - 6pm Monday to Friday,
or via email info@thetruffleman.com.au
2. Copyright
Save and except for third
party content, all the content of this website and downloads from it
are owned directly or licensed by The Truffleman. All rights reserved.
You are responsible for
obeying all applicable copyright laws. You may access and display these
pages on a computer, monitor or other video display device and make
a print copy of any whole page or pages on this website for your personal
use only, but only if you: (a) do not modify the copy from how it appears
on The Truffleman's website (unless expressly authorised by The Truffleman
in writing) (b) include the above copyright notice on the copy ÒAll
other use, copying or reproduction of any part of this website is strictly
prohibited. Without limiting the foregoing you must not reproduce, frame,
transmit (including broadcast), adapt link to, or otherwise use any
of the material on the website including audio and video excerpts without
the prior written approval of The Truffleman. For permission to reproduce
any material, a request in writing is to be made to The Truffleman's
Legal Business UnitÓ.
3. Links to other websites
This website contains
links to websites maintained by other organisations. The Truffleman
does not provide any warranty or take any responsibility or liability
for the accuracy, source or any other aspect of those websites. The
links are provided solely for your convenience and do not indicate,
express or imply, any endorsement by The Truffleman of the website(s)
or the products and services provided there. You access those websites
and use the information, products and services solely at your own risk.
4. Trademark notice
This website includes
registered trademarks. Unless otherwise indicated they are owned by
RBL International in Australia and may be the subject of rights in other
countries. You must not use RBL International's trademarks except: (a)
by saving or printing out a copy of The Truffleman's website as permitted
by the copyright notice above (b) as permitted by written agreement
from The Truffleman You grant The Truffleman an irrevocable right and
royalty-free licence to copy and adapt any material you generate through
use of any feedback facility, to the extent necessary to provide the
facilities, or to promote the facilities or any other service of The
Truffleman.
5. Invalid terms and conditions
In the event that any
or any part of the terms contained in these terms of use are determined
by a court to be invalid, unlawful or unenforceable, then such term/s
shall be severed from the remaining terms.
6. Website unavailability
The Truffleman does not
accept responsibility in the event that the website is unavailable to
you due to any computer downtime, malfunction or such other event outside
the control of The Truffleman.
7. Limitation of liability
To the extent permitted
by law, The Truffleman, the website, its employees, agents and consultants
exclude all liability for any loss or damage claims and expenses including
but not limited to legal costs, indirect special or consequential loss
or damage arising out of the information on The TrufflemanÕs website
or to third-party content. Where any law prohibits the exclusion of
such liability, The Truffleman limits its liability to the re-supply
of the information, the goods or services at its own discretion.
8. Orders
Orders placed by you to
The Truffleman represents your indication to purchase goods and/or services
from The Truffleman but does not necessarily represent our acceptance
into any such agreement. We will not fulfill orders until we are satisfied
that the payment process is validated, and satisfied with the integrity
of the order, especially when the recipient is to be a third party.
This particularly relates to the sale of alcohol, which may form part
of a gift to a third party. The Truffleman is not responsible for any
loss or damage caused by late delivery or cancellation of an order or
a product.
Our rights are reserved
in relation to not providing goods or services, terminate membership
accounts, remove or edit content or cancel orders (or part thereof)
at our sole discretion at any time. Without limiting the operation of
any other Terms and Conditions herein, we will not be held liable for
loss or damage arising from the exercising of these rights.
9. Cancellation of orders
To cancel an order, please
contact us immediately on 61 (0) 400 100 582. Our agreement with you
only comes into existence once we have processed your payment or deposit.
Once we have accepted payment for an order, cancellation of the order
is within our sole discretion.
Orders that cannot be
cancelled will be subject to our terms, conditions and policies.
Prices of goods and services,
postage and handling fee, and other charges displayed on the website
are current. The amounts nominated can be varied and changed without
notice. All contents of this website are factual and correct to the
best of our knowledge, but we do not warrant that the content is without
error.
10. Delivery
The purchaser has the
responsibility to provide The Truffleman with accurate details for deliveries.
TheTruffleman ships all
orders within 2 business days of order payment. In order to provide
our customers with the lowest possible freight cost, we use the combined
services of Australia Post/Express Post, (please
check if it includes your postcode),
Australian Air Express and dedicated couriers.
All efforts will be made
to deliver goods within the expected timeframe, however, The Truffleman
cannot be held responsible for delays or conditions which may affect
delay.
It is usual for deliveries
to be made with one to three days following receipt of your order payment.
If you have not received your order or should you wish to receive an
update on the status of your order please do not hesitate to contact
us.
Courier deliveries will
require a signature to deliver your order unless we receive specific
instructions to leave goods Òat the doorÓ. In such cases, TheTruffleman
accepts no liability for misplaced deliveries.
Please note that although
we take great care in the packaging of goods to ensure they arrive in
good conditions, The Truffleman accepts not liability for damaged deliveries.
Goods travel uninsured as per freight carrier standard policies. Should
you wish to insure your goods please contact
us.
You are obliged to contact
The Truffleman in the event of a delivery not arriving within the estimated
time, or of any other matter that relates to the non-arrival of an order
by the anticipated date. We will not be held liable for any loss or
damage resulting from late delivery.
Should the event occur
when an item has been lost in transit, we will not dispatch a replacement
item until the matter has been thoroughly investigated, and even then,
any replacement will be at our discretion.
Customers have the option
to nominate the "Recipient to sign for delivery" which means
you agree that once the delivery has been signed for by yourself or
a nominee that you are satisfied that the goods have been received.
If you do not select the "Recipient to sign for delivery"
option, you agree that when the delivery is made by Australia Post or
a courier, that the agreement between yourself and ourselves is seen
to have taken place as per our terms and conditions.
Fresh items will only
be delivered to an office or a residence during which there will be
someone in attendance at that address to take delivery of the fresh
goods. If fresh goods are lost or damaged from failing to meeting above
condition, The Truffleman does not accept any liability. If the product
is returned to us, the buyer will incur additional fees for return and
re-dispatching, will not be compensated or reimbursed if the product
has suffered any damage and is not guaranteed a replacement product
can be purchased.
Without limiting the operation of any other Terms and Conditions herein,
we will not accept liability for any loss or damage arising from a late
delivery.
Without limiting the operation of any other Terms and Conditions herein,
you agree that late delivery does not constitute a failure of our agreement,
and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein,
we will not accept liability for any loss or damage arising from items
lost, stolen or damaged after delivery has taken place.
11. Returns or Exchanges
The return of goods ordered
by you is limited only to situations where there is a legal obligation
for such goods to be returned (e.g. faulty goods) or is via discretion
of The Truffleman.
If you return goods via
an Australia Post Office, please keep the appropriate proof of return.
Otherwise, if the returned item goes missing in transit to us, we will
deem you not to have returned the item. It is your responsibility to
ensure the goods are adequately packaged to ensure that they are not
damaged during return transit.
Except where required by law, all returned products must be:
Unused, unopened and in original condition
Undamaged and unstained
Returned within 14 days of delivery
In a saleable condition
upon return
The Truffleman will not
refund any postage and handling fees, gift-wrapping and any other associated
costs in providing the goods.
Products that were purchased
in conjunction with a promotion and were subsequently delivered with
a Free Gift, must be returned with that Free Gift to receive a full
refund for the original item purchased. If the original item is returned
without the Free Gift, the value of the gift will be charged to the
purchaser via the original payment method.
12. Faulty Goods
Except where required by law, you must return faulty goods within 14
days of receipt. If a product is later deemed to be faulty, normal warranty
conditions for that product apply. It is the recipient's responsibility
to incur all costs and to follow warranty instructions as stated on
the product warranty card, as specified by the manufacturer.
In the event that you receive a defective product, we will refund the
original product price, postage and handling fee, gift-wrapping and
other fees, via the original method of payment. Alternatively, if you
request a replacement, we will dispatch your replacement item (subject
to availability) once we receive the return, at our cost.
Please note that for
all products that are found to be non-defective, the postage and handling
fee of returning the item to The Truffleman will be charged to the purchaser.
13. Variation of terms of use
The Truffleman reserves
the right to vary these terms and conditions from time to time and to
notify you of such variation by any means as The Truffleman thinks fit.
Any variation shall become effective upon such notification.
14. Indemnity
All purchasers agree
to waive any and all claims that you now have, or may have in the future,
against The Truffleman and our associates and which relate to, or are
incidental to, any transaction.
You agree to indemnify
and hold The Truffleman harmless from and against any and all claims,
loss or expense that may be incurred by The Truffleman or our associates
which relate to, or are incidental to, the performance of its duties
as described in these Terms and Conditions including all costs of defending
itself against a claim by any other person and/or as a result of you
taking any action or refraining from taking any action, or instituting
or defending any action or legal proceeding.
You further agree to indemnify and hold The Truffleman and our associates
harmless from any claim made by any third party due to, or arising out
of, your use of this website.
15. Jurisdiction
This website (excluding
any linked third-party websites) is controlled by The Truffleman. By
accessing this website you accept that any disputes arising out of your
use of this website or its contents shall be governed by the courts
having jurisdiction in the State of Queensland in Australia in accordance
with the laws in force in the State of Queensland in Australia. This
website may be accessed throughout Australia and overseas. The Truffleman
makes no representation that the material on this website complies with
the laws of any country outside Australia. If you access this website
from outside Australia you are responsible for ensuring compliance with
all applicable laws in the place where you are located. |
