Terms of service

Terms and Conditions

1. Acceptance

1.1 These Terms and Conditions are entered into between Nerada Tea Pty Ltd ACN: 59 055 076 849 (Nerada Tea, we, us, or our) and you, together the Parties and each a Party.
1.2 You accept these Terms and Conditions by placing an Order on the Website.

2. Use of the Website

2.1 You agree that:

a) we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Website in accordance with these Terms;
b) you must not do anything on our platform that is unlawful, prohibited, inappropriate, or anything that may be abusive or defamatory to us or our users;
c) you must not impose on our platform any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation.

2.2 You are solely responsible for any material, content or data that you (a) post, publish or otherwise transmit through the Website, if available, and (b) obtain through accessing or using our services (“User Content”). We reserve the right to remove any User Content for any reason without prior notice. You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, remove, copy, store and exploit your User Content for our business or commercial purposes.

3. Third Party Websites

3.1 Our Website may contain links and other pointers to internet websites or applications operated by third parties. We do not control and are not responsible for these linked websites and their contents. Your access to any such websites is entirely at your own risk, so please contact the relevant third-party directly to make inquiries concerning the information prior to entering into a transaction with them.

4. Orders

4.1 Orders

a)You may place an Order at any time on the Website.
b) We will endeavour to accept and process all orders within 3 business days of when the Order is placed and payment is made for the Goods.

5. Provision Of Goods And Services

5.1 Delivery of Goods

a) We will arrange for the Goods to be delivered by our Shipping Partners to you at the Delivery Address within the time indicated on the Website or otherwise agreed with you.
b) You will provide such access and facilities to enable our Shipping Partners to deliver the Goods without delay or disruption, and free from harm or injury.
c) Anyone at the Delivery Address who receives the Goods will be treated as authorised by you to receive the Goods.
d) The Goods will be deemed delivered when our Shipping Partner delivers the Goods to the Delivery Address.
e) We rely on the services of our Shipping Partners for deliveries, and delivery is therefore subject to their terms and conditions, availability and timing.
f) You acknowledge and agree that circumstances outside of our, and our Shipping Partners’, control may impact delivery. To the maximum extent permitted by law, we are not responsible for and exclude all liability for any loss, damage, or claim (including in negligence) suffered or incurred by you as a result of delivery or any delay.
g) Please allow sufficient time for delivery from Nerada Tea (Queensland) to the Delivery Address. Please give clear instructions regarding address, location and what to do if nobody is at home when the carrier calls.

5.2 Delay

a) We will, as soon as practical, notify you of any actual or anticipated delay in respect of an Order.
b) From time to time, certain Goods may be out of stock, in which case we will contact you as soon as possible to notify you.
c) If we are unable to provide the Goods within a reasonable timeframe, we will (at our election):         i) arrange another time with you when the Order can be fulfilled; or
  ii) cancel the Order and refund any Price paid.

6. Payment

6.1 Invoicing and payment
a) You will pay the Price in accordance with the Payment Terms.

6.2 Refunds
In addition to your rights under the Australian Consumer Law, you may return Goods in accordance with our Refund Policy, provided the Goods are in the same condition as they were when they were delivered.

7. Gevernal Warranties & Obligations

7.1 Each Party continually warrants and represents to the other that:

a) it is able to pay its debts as and when they fall due;
b) it has all necessary rights, licenses, permits, and consents to perform its obligations under these Terms and Conditions and will comply with all applicable laws in doing so; and
c) it will not do anything that may adversely affect the other Party’s goodwill, brand, or reputation.

7.2 You must comply with any instructions from us in respect of the

8. Title And Risk

8.1 Risk and title in the Goods pass to you on delivery of the Goods.
8.2 Upon title and risk in the Goods passing to you, it is your responsibility to ensure that the Goods are properly handled, maintained, stored, and protected.

9. Intellectual property

9.1 You acknowledge that we own or are the licensee of all Intellectual Property Rights in the Goods and the Website and nothing in these Terms and Conditions constitutes a transfer of ownership of our Intellectual Property Rights to you.
9.2 You must not make any representation to the contrary and you must not use or copy our Intellectual Property Rights.
9.3 You acknowledge that any trade marks or logos that appear on the Goods are owned by or licensed to us, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

10. Confidentiality

10.1 Each Party agrees to keep the other Party’s confidential information secret and safe, and not use it or disclose it to any person (or allow anyone else to do so) without the other Party’s written consent, except to the extent necessary to: (a) comply with these Terms and Conditions; (b) obtain professional advice in relation to these Terms and Conditions; or (c) comply with applicable law, provided that the other Party is given reasonable notice of the required disclosure.

11. Liability

11.1 Limitation of liability: To the maximum extent permitted by law, we:

a) exclude all representations and warranties implied by law, and any and all liability for any loss, damage, or claim (including in negligence) suffered or incurred by you in connection with these Terms and Conditions, you release us from any liability that may arise;
b) will not be liable for Consequential Loss; and
c) limit our liability that cannot be excluded by law, to (at our option):

   i) the resupply of the Goods subject to the claim or liability;
   ii) a refund of such Goods; or
   iii) the cost of you procuring the same goods from a third party.

12. Changes to the Terms

12.1 We may revise these Terms and Conditions from time to time and the most current version will always be posted on the Website.
12.2 By continuing to access or use the platform after revisions become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new terms, you must stop using the platform.

13. Termination And Discontinuation

13.1 We may terminate or suspend your right to access or use the Website immediately without notice for any reason.
13.2 We may discontinue, suspend or limit access to the Website at any time.
13.3 We are not responsible for any liability you may suffer arising from or in connection with our rights under this clause.

14. General

14.1 Compliance with other terms: By using our Website, you have agreed to the other terms on our Website.
14.2 Variation: We may change any of the terms of these Terms and Conditions at any time, and your use of our Website will constitute your deemed acceptance of such changes.
14.3 Force majeure: Neither Party will be liable for any delay or failure to perform its obligations under these Terms and Conditions, except for the obligation to pay, if such delay or failure is due to any circumstances beyond that Party’s reasonable control.
14.4 Notices: Any notice given under these Terms and Conditions must be in writing addressed to the relevant address last notified by the recipient. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.5 Governing law: This Agreement will be governed by the laws of Queensland, Australia and the Parties hereby submit to the exclusive jurisdiction of the courts of Queensland in relation to any claim or matter arising from or in connection to this Agreement.

15. Definitions

15.1 In these Terms and Conditions, unless the contrary intention appears:
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Delivery Address means the address provided by you in relation to your Order.
Goods means the products set out in your Order.
GST has the meaning given to it in the A New Tax System (Goods and Deliverables Tax) Act 1999 (Cth) or any amending or replacing law.
Intellectual Property Rights means all present and future intellectual property or related rights, including improvements, whether registered or unregistered, including copyright, trade mark, patents, designs, business or domain names, inventions, know‑how, confidential information, trade secrets, recipes, and formulations, arising anywhere in the world, and any associated moral rights.
Order means placing an order for Goods or Services on the Website.
Payment Terms means full payment required with order, as processed by our Payment Processor.
Payment Processor means the service provider we use to process your payment, including Shopify Payments or any other service provider we engage in our sole discretion from time to time.
Price means the price of the Goods as stated in your Order and any additional costs notified to you.
Refund Policy means the refund policy set out on our Website.
Shipping Partner means the service provider we use to deliver the Goods to the Delivery Address, and includes Australia Post and any other courier we engage in our sole discretion from time to time.
Website means neradatea.com.au.