Di Bartoli Home Barista Centre - Terms & Conditions

General Terms and Conditons


Welcome to Di Bartoli (www.dibartoli.com.au).

These Terms pertain to the use of www.dibartoli.com.au (“the website”) and the purchase of any goods from it. The website is owned and operated by Di Bartoli Coffee Centre.

For further information you can contact one of our customer service representatives on (02) 9389 9892 between 9am – 5pm AEST Monday to Friday (excluding public holidays).

Rest of the World* +61 2 9389 9892

Email info@dibartoli.com.au

Our team members will be happy to talk you through an order process, assist you in choosing a machine / grinder, or provide you information on each and every product and services we provide.

TERMS AND CONDITIONS OF USING THE WEBSITE

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms of Sale”). Di Bartoli reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time. We will not be providing notice to you, so please review these regularly. By using the website, you acknowledge that you have read and understood these Terms.


LIMITATION OF LIABILITY

Any liability of Di Bartoli Coffee Centre or their agents in connection with goods or services supplied by us to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Di Bartoli Coffee Centre limited to:

1. In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and 2. In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.


DISCLAIMER

The information contained on the website is provided in good faith. To the best of Di Bartoli Coffee Centre's knowledge, the information is accurate, current and honest. However, Di Bartoli and any of their directors, officers, employees, consultants or shareholders (“Di Bartoli's associates”) do not make any representation or warranty as to the accuracy or completeness of all the information.

To the fullest extent permitted by law, Di Bartoli disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Di Bartoli Coffee Centre no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You expressly acknowledge and agree that Di Bartoli does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Di Bartoli is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, Di Bartoli Coffee Centre will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website www.dibartoli.com.au


PAYMENT OPTIONS

Accepted forms of payment include the following:

Online: Credit Card; Visa & Mastercard

Email/phone/in person: Direct Deposit (Bank Transfer); American Express, Cheque (Note: goods will not be dispatched till funds are cleared) & Cash

PAYMENT

All prices shown on the website are in Australian Dollars (AUD$) and include GST (apart from food products like coffee beans). All transactions through our online shopping facility and over the phone are in Australian Dollars (AUD$).


SECURITY

All information submitted to dibartoli.com.au is secured using Secure Sockets Layer (SSL) security through COMODO, at 128-bit or greater encryption. If your web browser supports visual identification of this system, a padlock will be shown in the address bar or header.

Information acquired on the dibartoli.com.au website is protected by state-of-the-art encryption and firewall technology.


COPYRIGHT

The website pictures and copyright in the dibartol.com.au website is property of Di Bartoli Coffee Centre. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Di Bartoli Coffee Centre and third parties. This property may only be used for the purposes of browsing the dibartoli.com.au website and acquiring goods and services of dibartoli.com.au.


YOUR ROLE

If you purchase goods and services from dibartoli.com.au or create a membership account with us, we may require you to provide your name, address, email address or other details (“customer information”). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide dibartoli.com.au with current, complete and accurate customer information when asked to do so by the website or an employee of dibartoli.com.au.

All care is taken to ensure that www.dibartoli.com.au website and data transmissions are free from viruses. However, it is your responsibility to scan any data or websites for viruses.


PRIVACY POLICY

At www.dibartoli.com.au, we would like to assure you that we take your information and privacy very seriously. Please refer to our privacy policy for further information.


MEMBERSHIP

An dibartoli.com.au member may not have more than one active membership, whether this is by a different name, email address, or an alias. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as Gift Vouchers / Gift Certificates, promotional benefits and discounts and the total value of these benefits.

Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.

As an dibartoli.com.au member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.


PRODUCT INFORMATION

Prices of goods and services, postage and handling fees, and other charges displayed on the dibartoli.com.au website are current at the time of display. These prices are subject to change without notice.

While there is not likely to be discrepancies with product descriptions and pricing, we are unable to warrant that product descriptions or other content of the website is provided accurately, current or error free upon its addition to the website.


PLACING AND ACCEPTING ORDERS

Orders will not be dispatched until payment in full has been received and dibartoli.com.au is satisfied with the integrity of the order.

Please note dibartoli.com.au is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer from yourself to enter into an agreement with us. We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.


CANCELLATION BY US

We reserve the right not to provide 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 of Sale herein, we will not be held liable for loss or damage arising from the exercising of these rights.


CANCELLATION BY YOU

If you need to cancel an order, please contact us immediately on (02) 9389 9892 OR info@dibartoli.com.au. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be canceled will be subject to our terms, conditions and policies relating to Returns and Exchanges.


DELIVERY

INCORRECT ADDRESSES

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with delivery companies who we believe will do their best to deliver products by the estimated delivery date.


INSURANCE

Insured freight is offered on our Courier TNT Road Express service for any machine or grinder purchased, weight more than 3 kg. TNT agrees to deliver goods in the same conditions when picked up from Di Bartoli. It covers freight from the time of pick up to the time of delivery. If the goods are not delivered, TNT will pay the value of the goods. If damaged, TNT will pay the reasonable cost of repair to the goods. TNT’s liability is limited to the amount elected on the consignment note, which is the value of the goods as appear on your Tax Invoice. If you choose to have your goods delivered without insurance, Di Bartoli will not be held liable for any loss of goods in transit by TNT or any damage caused in during the freight, as detailed below.

For all insured goods: please inspect your package when you receive it from the shipper. If you notice any damage from shipping, please contact us immediately to report the damage and DO NOT USE the machine. You must contact us within 7 business days. Make sure that you keep all packaging (boxes, shipping labels, peanuts, etc...), as the shipper may want to inspect the package.

PARCEL DOES NOT ARRIVE

It is the responsibility of the customer to inform Di Bartoli Coffee Centre if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the delivery company to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched solely at our discretion.

As a guide only, our couriers attempt to deliver to business or home addresses Mon-Frid between 9am and 5pm. Unfortunately, we are unable give a guaranteed time of delivery, therefore if you're unable to be at home all day when expecting a delivery, please advise an alternative address that is occupied the entire day.

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, you agree that a 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.


PROMOTIONS AND COMPETITIONS

Other Terms and Conditions not listed herein and applying to dibartoli.com.au promotions and competitions are incorporated into these terms and conditions. Should you object to any of these Terms and Conditions (including any subsequent amendments) you must immediately discontinue using this website.


RELEASE AND INDEMNITY

You agree to waive any and all claims that you now have or may have in the future against Di Bartoli Coffee Centre and Di Bartoli's Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold Di Bartoli harmless from and against any and all claims, loss or expense that may be incurred by Di Bartoli Coffee Centre or Di Bartoli's 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 Di Bartoli Coffee Centre and Di Bartoli's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.


PRIVACY POLICY

Di Bartoli respects the privacy rights of its online visitors and does recognize the importance of protecting the information collected about them.

To protect your privacy, you can visit the site without identifying yourself and without revealing any personal information about yourself.

Di Bartoli will collect personal information in several ways directly from its online visitors when they order for themselves, purchase a gift voucher for a friend or when they register for a service offered by Di Bartoli Coffee Centre.

If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping address(es), credit card billing address(es) and birth date so that we can process and fulfill your orders. Credit card details are entered directly into the acquiring bank's systems (Westpac) and are neither transmitted nor held on or in the Di Bartoli Coffee Centre systems. Any further information will only be done with your explicit consent. All details collated, including your name and password allow us to process your order. However we will supply our delivery company with your address and name to complete the delivery process. In this circumstance we will ensure that the third parties involved will uphold your privacy.

Any links to other websites on dibartoli.com.au are not included under our privacy policy as they are outside our control. We do not disclose any identifiable personal data to any other company or third party.


OTHER INFORMATION WE COLLECT THROUGH OUR SERVICES

As a user of our services, we may collect non-personal data about your use of the website, such as pages visited, times and volume of use of the services as well as Traffic Data. Traffic Data includes logs, details of networks, time of log-on or access, length of sessions and similar systems data. We will use this data to track web usage of parts of the boutique, trends, preferences and update our site accordingly.

Any deals, specials, updates we believe will interest you will be emailed to the supplied email address. All purchasers will be notified of upcoming sales and specials.

Please let us know if you would rather not receive emails or updates from us at dibartoli.com.au


ANY DISCLOSURE OF INFORMATION

Service Suppliers, Third party companies and individuals have been engaged to perform functions on behalf of Di Bartoli Coffee Centre. Functions such as the delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions. This information will only be used by these companies to perform their appropriate functions and not for other usage.

Statistical Groups

From time to time we provide statistical information about sales, trading patterns and navigation techniques to reputable third parties. This may comprise data collected about you and other users to form aggregate results. However, we will not provide any direct personal information that identifies you as our customer.

Verification of Members

We use various details to verify information given to us by our members.

At times:

we use member phone numbers and email addresses provided to us to communicate with customers about payments
we use member addresses to check against credit card billing addresses etc .

In cases where fraud or other crime is suspected, we will communicate with Police, Banks and other relevant authorities. Many of these checks are done manually and communication is handled carefully by a member of Di Bartoli's own Customer Service team.

Lost login and Password details

If members forget their password details we will not disclose this by telephone. The customer will be informed of passwords via email.


COOKIES

www.dibartoli.com.au uses cookies to keep track of how often you visit our site, the contents of your shopping cart, previous purchases and to deliver content specific to your interests. (A cookie is a piece of information that is stored on your computer’s hard drive by your web browser which tracks your movements within websites.) Most browsers are automatically set to accept cookies but usually you can alter the settings of your browser to prevent acceptance automatically. If you choose not to receive cookies, you may still use most of the features of our website, including the ability to purchase items. However, this may prevent us from delivering certain services, particularly personalization of the site.

Cookies will only be used for tracking activity on dibartoli.com.au, not to track internet activity before or after.


FURTHER PRIVACY ISSUES

Sign out or close your browser once you have finished shopping within dibartoli.com.au. This is to ensure that others cannot access your personal information and correspondence.

If you share a computer with someone or are using a computer in a public place like a library or Internet café, you as an individual are responsible for the security of and access to your computer.

Any information provided or purchases made by minors (under 18) MUST have the consent of parents or guardians. These adults should have checked the Terms of Sale before purchasing.

Please be responsible when using your passwords and username whilst online at dibartoli.com.au as it is your sole responsibility.

Our privacy policy will be reviewed regularly in accordance with the Australian Federal Government’s legislation.

THIS INFORMATION IS AVAILABLE TO VIEW AT www.privacy.gov.au

Any changes that will be made to this policy will be posted on the website in the PRIVACY section, please revisit this often for any changes to the above information. Any queries or problems you may have with the above policy please email us at info@dibartoli.com.au.


DELIVERY, RETURNS & EXCHANGES

SHIPPING

Shipping costs are stated during the checkout procedure.

Di Bartoli Coffee Centre delivers globally within 3–10 business working days from the date of purchase excluding the day of purchase.

Di Bartoli Coffee Centre will not be responsible for additional taxes incurred by the country of delivery (if any). Please check your local customs department regarding any taxes that you may incur.


CUSTOMER SERVICE POLICY

Once an order has been received, we will email a confirmation that the order has been placed. If goods are for any reason unavailable or out of stock, or there will be a delay in despatch, we will advise by email within one (1) business day.


RETURNS AND EXCHANGES POLICY

Returns and exchanges requested within 7 days of delivery is at the customers expense. For all overseas purchases the customer will be required to meet the cost of returns.

HOW TO PROCEED IF YOU WISH TO RETURN OR EXCHANGE

In order to facilitate the return of your item you must mail us at info@dibartoli.com.au within 7 days of receiving your order. We require that all goods must be returned within 7 days of the date you advise of the intended return.

All returns for any order need to be returned in one shipment. Subsequent returns from the same order will incur additional shipping costs to the purchaser.

Exchanges received outside the above time frames are also subject to product availability and the customer will incur any shipping costs for such exchanges. Items received outside the above time frames will be accepted or otherwise at the discretion of Di Bartoli Coffee Centre. Any further returns of exchanged items outside the stated timeframe above will again be at the customers cost for shipping and items will be refunded as a store credit.

The return of any stock must include information including customer name, address, invoice number, claim amount, reasons for return and an authorisation number.

Please note that we do not accept liability for returned goods if you do not return them to us via Australia Post's Registered Post service or a signed courier or to the Head office address below.

Di Bartoli Coffee Centre
558 Oxford St,
Bondi Junction
NSW 2022
Australia

Di Bartoli Coffee Centre will not accept returns for any non-faulty items that have been worn and without original packaging. Upon receipt of an order, if any item has been received without packaging, the customer should notify us (by phone or email) on the same day if they wish to return or exchange.


HOW TO PROCEED IF YOU WISH TO RETURN FAULTY GOODS

In order to facilitate the return of faulty items you must email us at info@dibartoli.com.au and follow the standard returns process as detailed above.

Di Bartoli Coffee Centre guarantees the following:

(a) We guarantee that all our products are free from manufacturing defects in materials and workmanship;

(b) We guarantee that our goods are fit for the purposes for which they are supplied;

(c) We guarantee that all goods supplied by us are of merchantable quality;

(d) We guarantee to repair or replace in the case of a manufacturers defect within 1 month of receipt of return to us.

Please note that we will not accept returns in any of the following circumstances:

Consumer returns where there is no evident manufacturers defect;

Damage from accident;

Damage from misuse;

Damage from failure to take proper care of items;

Modified goods;

Damage that can reasonably attributed to wear and tear.

Please note that for any non-faulty items returned we issue a credit note and not a refund.

Faulty items will only be accepted if the goods are delivered to the customer in a damaged condition or there is a subsequent manufacturing fault notified by you to us within a period of 7 days from the date delivery. All items returned as faulty will be inspected and any items deemed to have been damaged by fair wear and tear will not be accepted as faulty. Items received outside the above time frames are accepted at the discretion of Di Bartoli Coffee Centre.

We will give a full refund on any faulty items subject to the terms outlined above. This refund may be paid to the customer via bank transfer or credit card refund.

EXCHANGES

Exchanges are possible if the item is available. We can only exchange faulty items for the same product, or at our discretion an equivalent product. If you wish to exchange, please make your request clear when you email us about the fault.

Where possible items may be repaired but only where such items are deemed faulty and suitable for repair. Repaired items are shipped free of charge to you if the product is deemed faulty.

We strongly advise all customers to check items thoroughly upon delivery before removing any original packaging and before disposing of any original packaging.

Please note that we do not accept liability for returned goods if you do not return them to us via Australia Posts' Registered Post service or signed courier to the Head office address below.

Di Bartoli Coffee Centre

558 Oxford St
Bondi Junction
NSW 2022
Australia


RECEIVING A REFUND

Credit Notes will be issued within 7 days of products being returned, which can be used against future purchases at www.dibartoli.com.au. Credit notes issued expire 6 months from date of issue.

Please be aware that international customs duties and sales taxes are NOT refunded for shipments outside Australia.

Refunds for faulty items will be made within 30 days of the date of return. All undamaged, correctly returned products will be credited to the customer’s bank account or credit card including GST for all Australian shipments excluding shipping charges.


GIFT RETURNS

If you have received an item from www.dibartoli.com.au as a gift you can return it in exchange for a credit voucher for a replacement Di Bartoli purchase. This allows you to exchange your unwanted gift for another item of the same value by using this credit to place a new order online. Please be aware that you will be required to pay any difference in cost and any additional shipping, taxes and import duties, including return shipping. This offer only applies to unopened and unused items.


RETURNS POLICY FOR ITEMS ON SALE

Di Bartoli Coffee Centre will not exchange / refund on sale items, however we may at our discretion offer a credit note. We request that all goods are returned within 7 days of the date of delivery if credit has been approved.

Any items returned outside this time frame are accepted at the discretion of Di Bartoli Coffee Centre.



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