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General Terms and Conditions

 

GENERAL TERMS OF USE AGREEMENT 

 In this document references to “We”, “Us”, “Our” or “www.gingerberry.com.au” or “Gingerberry” or “gingerberry.au” means Cuckfield Pty Ltd (“Cuckfield”) (trading as Gingerberry (ABN 63 891 906 072)

The use of this site is governed by the policies and terms and conditions as set out below. Your use of this site and or placement of an order indicates your acceptance of these policies and terms and conditions. Gingerberry reserves the right to change, update or replace any part of these Terms of Service at any time without notice. Your continued use of or access to, the website following the posting of any changes constitutes acceptance of those changes. 

Placing an order or registering your details at www.gingerberry.com.au gives us the right to add your contact details to our mailing list. You can remove yourself from our mailing list by either unsubscribing via email link or by emailing us at hello@gingerberry.com.au.

ORDER ACCEPTANCE

All orders placed must be paid or must obtain pre-approval with an acceptable method of payment. Your receipt of an order confirmation does not signify our acceptance of your order and is not confirmation of our offer to sell. We reserve the right at any time, without providing you prior notice, to supply a lesser quantity than what you ordered of an item. We reserve the right to ask customers for additional information or verification before the order is accepted for processing. Gingerberry does not accept orders from dealers, resellers, distributors or other customers who intend to on-sell product. Only approved wholesalers are permitted to on-sell product.

GENERAL LIABILITY

Gingerberry is not liable for any losses or damages caused by this website or linked or related websites. Gingerberry reserves the right to refuse any order without giving reason at any time. In the event we should choose to cancel an order, we may attempt to notify you by using the details you provided. All refunds will be issued using the same payment method as the original order.

LIMITATION OF LIABILITY

Subject to any applicable law that cannot be excluded, and subject to any other of these terms and  conditions, Cuckfield, Gingerberry and their related entities will not be liable to you or any other person for any non-excludable direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from or in connection with products or services available or supplied to you, or on your behalf, through this website.

Cuckfield and Gingerberry are Australian registered entities carrying on business in Australia and these terms and conditions and any use of this website, any offer and/or acceptance of an offer to purchase or any actual sale or purchase of any product or service from or through us or this website is governed by the law of Australia and no other country or legal system has any jurisdiction regarding the aforesaid matters. 

COPYRIGHT AND TRADEMARK NOTICE

All logos, text, images, graphics , designs and any other content on this site, and on the products and the packaging of products offered for sale or sold by Cuckfield and/or Gingerberry, including their arrangement, selection and assembly, (“the Materials”) are the property of Cuckfield and/or Gingerberry. Except to the extent permitted by relevant legislation, you must not copy, use, modify or transmit, store, publish or distribute any of the Materials or create any other material using the Materials, without obtaining our prior written consent. Unauthorised use of the Materials may breach copyright, trademark, design, patent or other applicable laws and may result in criminal and/or civil proceedings and penalties. You may only use this website for your personal and strictly non-commercial purposes.

WARRANTIES

While Gingerberry uses every effort to provide accurate information and representation, Gingerberry, makes no warranties, representations or statements or guarantees (whether express or implied) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.

CONTENT

Colours of products may differ slightly to the actual product due to the nature of photography and/or monitor colour calibration. Colours of products are as accurate as the website allows. If a product is listed with incorrect information or price due to a typographical error or oversight, Gingerberry, has the right to refuse or cancel any orders for products listed at an incorrect price or information.  If you have been charged for the purchase and we cancel that order, we will issue a credit to you via the same method of payment you used to place the order.

DELIVERY & SHIPPING

We use Australia Post as our delivery provider.

  • Estimated delivery time is 4-7 business days Australia wide, including most country areas. Please note, some country areas may take 7-10 business days.
  • Delivery times are calculated from the time your order is processed.
  • Processing of orders takes 1-3 business days.
  • We will send an email with the Australia Post tracking number once your order has been shipped.
  • Our standard delivery costs are the following:
    • 1 x The One Cup $5.00
    • 1 x The Two Cup $8.00
    • 2 x The One Cup $8.50
    • 2 x The Two Cup $11.50
    • 1 x The One Cup + 1 x The Two Cup $11.50 

In the event you entered an incorrect address or did not update your address details for your order, Gingerberry cannot accept responsibility and is not liable for any associated loss. The shipping address for your order is shown in the checkout and on your order confirmation email.  Notifications of address changes can only be accommodated before an order leaves our warehouse.

RETURNS & REFUNDS 

If you receive an item that is faulty or defective, please notify us at at hello@gingerberry.com.au with the details of your order as proof of purchase, so we can arrange a replacement for you.  In your email please include the following information:

  • The original order (with the order number)
  • Photos showing the fault or defect

Please note:

  • We will cover the shipping costs for returning the faulty or defective item to us and the shipping costs to send you a replacement.
  • Please hold onto all packaging until any issues are resolved.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. If we agree that the product is faulty or defective, we will ship  a replacement product to you. Or, at our absolute discretion, we will provide you with a refund of your product costs plus shipping costs as above, and a credit would automatically be applied to your credit card or original method of payment within 10 - 30 days of receipt of the faulty or defective product.

If you haven’t received a refund within the times above, first check your bank account again. Then contact your credit card company, as it may take some time before your refund is officially posted. Next contact your bank as there is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund, please contact us at hello@gingerberry.com.au

PRICING & CUSTOM CHARGES

Prices for our products are subject to change at any time without notice. All credit cards are charged in Australian dollars. All non-Australian currency figures are approximations only.

In the event that we offer sales to countries or territories outside of Australia, there may be duties and taxes added to your package by the destination country. These duties and taxes are not included in your order total but must be paid separately by you upon delivery.

In the event that Gingerberry ever offers any product at a reduced or discounted price, Gingerberry, does not offer reimbursement of the difference for any items purchased immediately prior to the reduction or discount becoming applicable, whether the reduction or discount has been advertised or not.