Terms and Conditions of Sale

1. GENERAL

1.1 Definitions: 
1.1.1 “burningtastebuds” or “Company” refers to burningtastebuds.com Perth WA Australia, ABN 53826365352 . 
1.1.2 “Customer”, “client” or “you” refers to the company, partnership, individual or sole trader entering into this agreement. 

1.2 Notice: 
1.2.1 These Terms and Conditions shall apply to the exclusion of all others, including and terms and conditions of the Customer (whether on the Customer’s form or otherwise). The Customer acknowledges that these Terms and Conditions embody the whole agreement between the parties and agrees to be bound by them. 
1.2.2 The Company reserves the right to delay or reject the order at its sole discretion. 
1.2.3 The Company may suspend or terminate credit at any time without notice at its sole discretion. 

1.3 Changes to Terms & Conditions: 
1.3.1 From time to time the Company may update or amend the Terms & Conditions of Sale. Your order will subject to the Terms & Conditions in force at the time the order was originally placed. 
1.3.2 The most current version of the Terms and Conditions of Sale contract is available from burningtastebuds upon written request.

1.4 Jurisdiction
The legal jurisdicfathe courts of the State of WA. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

1.5 Contract Resolution
The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and the Company. The arbitration shall be held in a mutually agreed upon location in person or by telephone.

1.6 Copyright
1.6.1 Materials provided by the Company on this website or elsewhere, including pages, documents and graphics, are protected by copyright law and are the property of the Company, under the Copyright Act 1968.
1.6.2 No part may be reproduced, re-used or redistributed for any commercial purposes whatsoever, or distributed to a third party for such purpose, without prior written permission from the Company. Note, a work does not have to be published or bear the copyright notice to be protected under copyright law.
1.6.3 Non-commercial academic parties (schools, charities and learning institutes) may use Company materials for educational purposes only, provided that the material is not adapted or altered in any way, and is prominently & appropriately attributed to the Company (including the name and website ‘burningtastebuds.com).

2. PRICING

2.1 Changes: 
All prices quoted by burningtastebuds in any form are believed to be correct at the time of supply, but are subject to change without notice. The Company will not be liable to the Customer for any change in price, and may supply orders based on the price in force at the time of supply. 

2.2 GST and other taxes: 
All prices are quoted exclusive of any applicable Goods and Services Tax in force at the time of supply, unless otherwise stated. All charges and purchase costs that are, or will be, subject to a Goods and Services Tax (or any other state or federal taxes) shall be passed on by burningtastebuds to the Customer and shall be paid by the Customer.

3. ORDERS & PAYMENT

3.1 Terms: 
3.1.1 Payment shall be made in full at the time of the order. Credit terms are not available, unless a company Trade Account Application has been submitted and approved. 
3.1.2 burningtastebuds may withhold future orders in the case that prior orders are unpaid and overdue. 

3.2 Recovery of Unpaid Monies: 
The customer agrees to pay any and all costs, fees, expenses, inclusive of commissions, legal expenses and disbursements incurred in obtaining or attempting to obtain payment of any overdue account. 

3.3 Cancellation: 
Orders placed with the Company cannot be cancelled without the approval of the Company. In the event that the Company accepts cancellation of any order placed with it, it shall be entitled (at its discretion) to charge a reasonable fee for any work done on behalf of the Customer to the date of the cancellation; including a fee for the processing and acceptance of the Customer’s order and request for cancellation. 

3.4 Claims: 
All claims for shortages, loss or damage must be made by the Customer within 5 business days of receipt of the goods.

4.1 Policy: 
All warranties, whether express or implied, and whether statutory or otherwise with regard to the goods supplied by the Company as to quality, fitness for purpose, or any other matter are hereby excluded except so far as any such warranties are incapable of exclusion at law. 

4.2 Return of Goods: 
No returns will be accepted by the Company unless authorised in writing. All goods must be returned in original factory condition with all packaging, promotional items, wrapping, bags, boxes etc. unopened. All shop price tags must be removed before returning any goods. Freight on authorised returns is the responsibility of the Customer. All items remain the responsibility of the Customer until physically received by the Company at their premises. 

4.3 Exclusion of Warranties: 
This agreement contains all the terms and conditions under which the Customer agrees to purchase products from the Company, and any express or implied condition, statement or warranty (statutory or otherwise) not stated herein is hereby excluded.

5. DELIVERY

5.1 Charges: 
Goods will be delivered by the Company to the Customer, and the Customer will be responsible for payment of any delivery costs incurred. 

5.2 Timescales: 
In the event that a delivery date is specified by the Customer the Company shall use its best endeavours to comply with the Customer’s request. In no circumstances will the Company be liable for any loss or damage of any kind whatsoever in the event that it is not able to comply with the Customer’s request for delivery at a certain time. The Customer acknowledges and agrees that it will not make any claim against the Company for any loss or damage incurred as a result of late delivery.

6. CUSTOMER INFORMATION

6.1 Privacy Policy
6.1.1 The Company is dedicated to ensuring the security, integrity and privacy of Customer’s personal data to the best of its ability, and comply with relevant privacy legislation.
6.1.2 By using our site, and by purchasing or registering for any of our services or products, you accept that personal data will be gathered and stored in our databases. By personal data we mean...
a. contact details you provide us via our forms, e.g. name, email address, ordering/billing information, postal addresses, and
b. payment details, e.g. banking and credit card information, and
c. feedback & details received in surveys, competitions & questionnaires, and
d. information captured in website authentication and tracking logs.
6.1.3 The Company will use its best endeavours to maintain appropriate safeguards which ensure the security, integrity and privacy of your personal data. This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Financial information is protected by SSL encryption in transmission.
6.1.4 The Company will not disclose, sell, distribute, rent, licence, share or pass that information on to any third parties, other than those who are contracted to burningtastebuds.
6.1.5 Authentication and tracking logs will be used to produce usage statistics. This information does not contain any personally identifiable information. The Company reserves the right to have logs and databases analysed by external service providers, in which case every effort will be made to protect the security, integrity and privacy of the data.
6.1.6 This data will be used by the Company to provide you with the services and products you have ordered. Where consent has been given, the Company may also occasionally use it to Customers of new services/products, as well as changes/activities within the Company.
6.1.7 The Customer will not hold the Company liable for any loss or damage it may incur as a result of the disclosure of personal data.

6.2 Privacy Exceptions
The Company has a duty to disclose the Customers personal data where it is obliged to do so by law.

6.3 Change in Details
The Customer must notify the Company in writing of any material changes to the details provided in its order before it is despatched. The Customer indemnifies the Company against any loss or damage incurred by it as a result of the Customer’s failure to notify the Company of any such change.

7. TITLE

7.1 Title of Goods: 
Title t
o any items or goods sold by the Company to the Customer shall not pass to the Customer until the Customer has paid for the items or goods in full and all other monies outstanding under any other sale of items or goods are also paid in full. 

7.2 Risk: 
Risk of loss or damage to the items or goods passes to the Customer upon delivery. Until payment of the full purchase price, or of all monies outstanding, the Customer is to insure the items or goods against all risk. Any claim in respect of loss, damage or destruction of the items or goods is hereby assigned to the Company. 

7.3 Indemnity: 
The Customer hereby indemnifies the Company against any loss or damage to the items or goods howsoever caused. 

7.4 Reselling: 
The Customer is entitled to resell the items or goods in the normal course of its business. 

7.5 Disclosure of Information 
The Customer shall on request disclose to the Company any relevant information regarding the items or goods purchased from the Company and any sale of them by the Customer. 

7.6 Recovery of Goods 
In the event that… 

a. The Customer has failed to pay for the items or goods as and when due, or 
b. The Customer has breached any of the conditions of the Contract, or 
c. The Customer commits an act of bankruptcy or becomes bankrupt (individuals only), or 
d. A Receiver is appointed to the Customer (companies only), or 
e. The Customer is placed into liquidation (companies only), or 
f. The Customer enters into a scheme of arrangement with its creditors, or 
g. Execution is issued against the property of the Customer and is returned unsatisfied, or 
h. The Customer is insolvent 

...then the Company may retake possession of any of its items or goods which have been supplied to the Customer and for which payment has not been received by the Company. 

The Company may enter any premises belonging to or occupied by the Customer for this purpose and the Customer hereby grants rights of entry to the Company for the purposes of retaking possession of its goods and indemnifies the Company, its servants, agents, representatives and employees and relation to any loss or damage occurring as a result of retaking possession of said goods.