This website is operated by Peanut Company of Australia Limited ACN 057 251 091 (referred to in this document as we, us or our).
If you use this website, including when you place an order on the website, you are agreeing to be bound by the Terms and Conditions listed below and any other laws or regulations which apply to this website. If you do not accept these Terms and Conditions, you must refrain from using this website. We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
Using our website
1. This website may contain links to other websites. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
4. We endeavour to keep the content of our website accurate, up to date and adequate. However, we cannot guarantee the accuracy, adequacy, currency or completeness of the information on our website. The information on this website is not, and is not intended to be, advice. You should not act or refrain from acting on the basis of any of the material on this website without first satisfying yourself as to the truth or accuracy of all information given.
5. We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this website.
6. You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
7. Access to this website may be withdrawn at any time without notice. These Terms and Conditions will survive any such withdrawal.
Buying our products
9. We may provide direction or recommendation in relation to our products on our website or on our products’ packaging, including storage recommendations and warnings in relation to specific ingredients that may not be suitable for everyone.
10. You acknowledge and agree that the products sold on our website may, depending on your dietary requirements, contain ingredients that may be unsuitable for or harmful to you.
11. You represent and warrant that:
(a) before purchasing and consuming any product sold on our website, you have made the necessary enquiries (including by informing yourself of the ingredients contained in our products) to ensure that our products are not unsuitable for or harmful to you or any individual to whom you may provide our products;
(b) you will not provide our products to any individual to whom our products could be harmful; and
(c) where relevant, you will use and store our products in accordance with any direction or recommendation we give on our website or on our products’ packaging.
12. You must be at least eighteen (18) years of age to place an order on our website.
13. When you place an order on our website, you are agreeing to purchase the selected products for the price notified to you through the ordering process and in accordance with these Terms and Conditions. We will send you a tax invoice and an order number at the email address you have provided to us.
14. We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
15. We retain discretion to cancel any orders for any legitimate reason (including if the requested products are not available, or if we suspect a breach of these Terms and Conditions or any credit card or payment fraud).
16. If we cannot process or accept your order, or decide to cancel your order, we will contact you within a reasonable time after you have submitted your order by email at the email address you have provided to us. If we have rejected or cancelled your order, we will reimburse you for the amounts you paid to us for that order.
17. All prices on our website are in Australian dollars and inclusive of GST, but do not include the relevant delivery charges for your order as these delivery charges will depend the products you have ordered and on the quantity of products you have ordered. The full price (including GST and delivery charges) will be notified to you before you finalise your order.
18. We reserve the right to change all prices for our products sold on our website (including delivery charges) at any time.
19. We only accept payment through debit or credit card. We do not accept all debit and credit cards and we reserve the right to refuse any type or brand of debit or credit card and some international debit or credit cards.
20. We will process the payment for your order as soon as practicable after you have submitted your order.
Risk and Title
21. Subject to paragraph 15, title to the products passes from us to you when payment is successfully processed through our platform. You will receive an order confirmation once this has occurred.
22. You bear the risk relating to any product you have purchased on our website from the time those products are dispatched from our premises.
23. We ship and dispatch our products via Australia Post. Subject to paragraph 22, we will endeavour to ensure that the products you have purchased on our website are delivered to the delivery address you have provided to us during the ordering process. You are responsible for ensuring that the address you have provided to us is accurate ands up to date.
24. You acknowledge and agree that any delivery date displayed on our website, or otherwise communicated by us to you are indicative only, and we do not guarantee that your products will be delivered to you within those timeframes.
25. We do not sell and ship our products outside of Australia.
Changes to our products
26. We may change the products we offer on our website at any time without notice.
27. We strive to ensure that the description and depiction of our products on our website is accurate and comprehensive. However, such description and depiction may contain inaccuracies, errors or misrepresentations. We reserve the right to amend the description or depiction of any of our products to correct such inaccuracies, errors or misrepresentations at any time without notice.
28. The depiction of our products on our website is for information purposes only. You acknowledge and agree that:
(a) the product you receive may look different from the depiction of that product on our website; and
(b) the packaging of the product you receive may be different from the packaging depicted on our website for that product.
29. We will accept returns in relation to our products in accordance with our Return Policy, which is available at [insert link].
30. When you purchase our products on this website, you can create an account on our website. You must ensure that the information you provide to us when you create your account is accurate, and that such information is kept up to date.
31. You are responsible for the confidentiality of your login and password details, and you should not provide those details to anyone else.
32. We retain the right to terminate any account if we suspect that the account holder has breached these Terms and Conditions.
33. We accept responsibility and are liable for any loss or damage suffered by you as a result of:
(a) our negligence if it causes personal injury or death; or
(b) a material breach of these Terms and Conditions by us,
provided that such loss or damage was reasonably foreseeable.
Limitation of liability
34. Other than as set out in paragraph 33, subject to paragraphs 35 and 36 and to the extent permitted by law, our liability for any loss or damage, however caused (including by our negligence), that you suffer or incur in connection with a product you have purchased on our website is limited to, at our election:
(a) the price you paid to us when you bought that product on our website; or
(b) resupplying that product.
35. Subject to paragraph 36, we are not liable for any indirect or consequential loss or damage (including claims against you by third parties), however caused (including by our negligence), that you suffer or incur in connection with a product you have bought on our website. “Indirect or consequential loss” includes without limitation any and all loss of profit, bargain, opportunity, reputation or data of any kind, whether direct or indirect.
36. If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by us in connection with these Terms and Conditions and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then paragraphs 33 and 35 do not apply to that liability and instead the our liability for such failure is limited to (at our election), in the case of a supply of goods, us replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.
37. You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including reasonable legal costs) which arise out of or relate to:
(a) your use of this website;
(b) any information that you provide to us via this website or any damage that you may cause to this website;
(c) any use of our products by you, or any individuals to whom you have provided our products, other than the normal use for such products or other than in accordance with any directions given by us on our website in relation to our products; or
(d) any breach by you of the warranty you provide under paragraph 11.
This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth), but is reduced to the extent the loss or damage is caused or contributed to by our negligence, breach of any applicable law or breach of these Terms and Conditions.
Intellectual property rights
38. All intellectual property rights in:
(a) this website, including design, text, graphics, logos, icons, sound recordings and all software relating to this website; and
(b) our products, including all packaging and marketing material,
belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.
39. You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.
Governing law and jurisdiction
41. If you access this website in a jurisdiction other than Queensland Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
Changes to these Terms and Conditions
42. We reserve the right to make changes to these Terms and Conditions at any time. You should check these Terms and Conditions regularly for such changes.
Complaints and concerns
43. If you have any complaints, queries or concerns about these Terms and Conditions, our products or our interaction with you, please contact us at:
Street address: 133 Haly Street, Kingaroy, Queensland 4610
Email address: email@example.com
Telephone: 07 4162 6311
Facsimile: 07 4162 4402