Terms and Conditions

1. General

(a) The terms (Terms) governing your use of www.costasbiskotery.com.au (Website), owned and operated by AUSBIC Pty. Ltd. (ACN 103 709 422) trading as Costas Biskotery and/or its Related Entities (as that term is defined in the Corporations Act 2001 (Cth)) (us/we), are set out below.

(b) By using the Website you agree to be bound by the Terms. Any ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the Website. The Terms constitute the entirety of the terms and conditions of use with respect to the Website unless otherwise expressly allowed for in writing by us.

(c) We reserve the right to vary any of the Terms, or any other policy or guideline regarding the Website, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the Website. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the Website each time you access the Website to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the Website constitutes an agreement by you to be bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the Website or purchase any products or services from us.

2. Your obligations

You, at all times:

(a) warrant that your use of the Website does not violate any applicable laws;

(b) confirm that you have elected to use the Website of your own free will;

(c) confirm that you have not previously been suspended or removed from the Website;

(d) acknowledge that your use of the Website may result in data usage charges from your mobile or internet provider;

(e) acknowledge that your use of the Website may provide access to, and interaction with, third parties and their content, messages, images, or other materials;

(f) will always use the Website, in a respectful, inoffensive and courteous manner;

(g) agree to provide accurate, current and complete information about yourself as you may be prompted by any registration forms on the Website, including registration through any form of social media available to the public, currently or in the future, including but not limited to “LinkedIn”, “Facebook”, “Twitter” and/or “Instagram” (Social Media), and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete;

(h) agree and acknowledge that registration through Social Media will allow us to have access to your Social Media content, subject to any content that is private and/or limited to that specific Social Media application;

(i) agree to maintain the security of your password and to keep your details correct and updated on the Website;

(j) use the Website at your own risk;

(k) acknowledge and agree that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect us and our customers, or to ensure the integrity and operation of our business, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, and that our right to disclose any such information shall govern over any terms of our Privacy Policy; and

(l) agree that, in the event that an account is created under the name of a corporate entity, the authorised agent of such corporate entity, listed in the account details, hereby enters into these Terms as personal guarantor and, as such, is personally liable with respect to the Terms.

3. Products and services

(a) Our Website offers a range of biscuits, cookies, protein bites and similar products for sale to customers in Australia only.

(b) We strive to provide accurate descriptions and images of our products on our Website, but we do not guarantee that the descriptions, images, pricing or availability of our products will be accurate, complete or current.

(c) We reserve the right to limit the quantity of products sold, refuse any order or cancel any order, for any reason at our sole discretion.

4. Charging 

(a) All prices listed on our Website are in Australian dollars ($AUD) and are inclusive of GST. The prices do not including shipping and handling fees.

(b) Payment for orders placed through the Website can be made using Mastercard or Visa via PayPal.

(c) Payment must be received in full before any products are shipped.

(d) Successful transactions will receive a tax invoice via email and declined transactions will be notified via email depending on stock availability.

5. Shipping and delivery

(a) We, or our agents, ship products to you according to the instructions agreed upon by you when purchasing our products.

(b) Shipping and handling costs will be charged to your credit card.

(c) If you do not receive your products within a reasonable time, contact us. If the product has not been delivered or has been shipped to an address other than the one registered or stipulated by you as your delivery address, we will ship a replacement product. Sometimes parcels are returned to our warehouse by Australia Post because of a variety of issues with delivery. Here we need you to confirm your delivery address, which will occur via email. Once confirmed we’ll ship your order back to your confirmed address.

(d) We take as much precaution as possible to ensure that our products arrive to you in good condition. However, due to the fragile nature of our products, our products may sometimes be damaged in transit.

(e) We will only ship products to you with “Authority to leave”. We will not be held responsible for any issues that may arise from damage, loss or deterioration to the product once delivery has been made. Any issues with delivery of our products should be directed to Australia Post.

(f) Orders can only be delivered within Australia. 

(g) Orders placed with a value in excess of $70.00 including GST will not be subject to a shipping and handling fee. 

6. Site access

(a) When you visit our Website, we give you a limited license to access and use our information for personal use.

(b) You are permitted to download a copy of the information on this Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

(c) Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this Website without our prior written permission.

(d) The license to access and use the information on our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Website.

7. Links to other websites

Our Website contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to or on our Website. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites. 

8. Intellectual property

All content published and made available on our Website is our property and the Website creators’. This includes but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Website. 

9. Disclaimers

(a) Whilst we take all due care in providing our products and services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

(b) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

(c) We also take all due care in ensuring that our Website is free of any virus and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our Website or any linked website.

10. Statutory guarantees and warranties to consumers

(a) Schedule 2 of the Competition and Consumer Act 2010 (Cth) (CCA) defines a consumer. Under the CCA we are a supplier of either goods or services or both to you, and as a consumer the CCA gives you statutory guarantees. All of those statutory guarantees are given by us to you if you are a consumer.

(b) As a consumer under the CCA you may be entitled to receive from us notices under Schedule 2 section 103 of the CCA. In that regard:-

(i) If you are a consumer within the meaning of Schedule 2 of the CCA and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the CCA.

(ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.

(iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.3. As a consumer under the CCA you may be entitled to receive from us notices under Schedule 2 section 103 of the CCA. 

11. Limitation of liability

If you are not a consumer within the meaning of Schedule 2 of the CCA then this clause applies to you. If you are a consumer within the meaning of the CCA then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

(a) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods or services again or payment of the costs of having those goods or services supplied again.

(b) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from goods or services we have supplied. 

12. Indemnity

Except where prohibited by law, by using this Website you indemnify and hold harmless us, our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms. 

13. Jurisdiction

These Terms are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these Terms will be heard in Victorian courts and you agree to submit to the jurisdiction of those courts.

14. Severability

If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.

15. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose Personal Information (as defined in the Privacy Act 1988 (Cth)) from our users.