Terms & Conditions
By subscribing to Tripod Coffee you are agreeing to all conditions set out below:
THE SHORT OF IT ' or Espresso version
Tripod Coffee's small business offering is a subscription service. We deliver until you tell us not to.
You can cancel at anytime after the minimum subscription of twelve months if you took up our offer of providing a machine
The cut'off for subscription adjustment requests (pauses, cancellations, order restarts, address and coffee capsule changes in quantity or type) made through email or phone, need to be done within 14 days of receiving the previous delivery of capsules. If you do not do so, you will be charged for one more subscription cycle and capsules will be delivered as per previous cycle.
The minimum capsule subscription and volume associated with a Pixie machine is 250 capsules per month
The minimum subscription for a Latissima Pro machine is 500 capsules per month
Once the initial twelve'month subscription is completed, the volume of capsule delivery may be changed.
If you wish to terminate your subscription before the minimum subscription expires, you will be charged in full, in a single payment, for the dollar equivalent left on your subscription. You can keep the machine if you have been provided with one.
Machines provided are done so with a five'year replacement warranty.
Machines will be replaced within 2 business days of notice being received of a faulty machine.
This warranty is no longer valid if you cancel your subscription for the delivery of Tripod Coffee capsules.
Delivery will be every four weeks from the arrival of your first box of coffee
Delivery will occur inside business hours of 9 am to 5pm
Delivery Charges will apply as follows for 500 capsules or below:
Sydney - $6.60
Melbourne, Brisbane, Canberra and Adelaide - $8.80
Regional areas and Tasmania - $13.50
Perth - $10.80
For deliveries over 5kg, the price of delivery will be quoted to you before Tripod Coffee accepts your order. Tripod Coffee reserves the right to change the cost of delivery at any time and will communicate this with 14 days notice. A change to the cost of delivery cannot trigger subscription cancellation if the minimum subscription time has not yet been completed without the penalty as described above.
Ownership of the goods will transfer to you once we have delivered in accordance with your delivery instructions.
If a re'delivery is required at an alternative time through no fault of Tripod Coffee or our logistics partners an additional fee of $15 will be charged.
THE LONG (black) OF IT...
This page (together with the documents referred to on it) tells the customer (You) the terms and conditions on which Tripod Coffee (We/Our/Us) will supply to You the products (Products) listed on our website www.tripodcoffee.com.au (Our Site) via one of our subscription services (Services). Please read these terms and conditions carefully before ordering any Products from Our Site or subscribing to one of our Services. You should understand that by ordering any of Our Products or subscribing to one of Our Services, You agree to be bound by these terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions Please tick the checkbox on order form to accept these terms and conditions. Please understand that if you do not accept these terms and conditions, you will not be able to subscribe to any Products from Us.
1. Information about us
We operate the website www.tripodcoffee.com.au. We are Tripod Coffee Pty Ltd (ABN 53169782138.)
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After completing the subscription or order process either in person, on the phone or on the website, you will receive an e'mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
2.2 The subscription plan to our Services consists of an initial charge and then followed by recurring charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Tripod Coffee may submit periodic charges (monthly or quarterly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Tripod Coffee reasonably could act. To terminate your authorisation or change your payment method email firstname.lastname@example.org.
2.3 By subscribing to Tripod Coffee you are agreeing to pay a recurring subscription for an indefinite period until cancelled by you or us as per our Cancellation Terms. The subscription amount and billing interval on the subscription terms set out in the application form you have completed, subject to variation in accordance with 4.5 below. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re'subscribe at any time following your cancellation, but we reserve the right not to permit re'subscription where we have previously elected to terminate a subscription by you.
2.4 Following the relative subscription periods of 3 months (capsule only) or 12 months (machine included), your tripod Coffee subscription will be automatically extended until further notice.
2.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
3.1 You may cancel your subscription at any time.
3.2 Your cancellation email or phone request must be received within 14 days of receiving your previous delivery.
3.3 To cancel your subscription, you must email email@example.com. If you cancel with time left on your current subscription term you may use your subscription until the end of your then'current subscription term; your subscription will not be renewed after your then'current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then'current subscription period.
3.4 You may cancel your order within seven days of first making the order with us by sending us an email firstname.lastname@example.org. We have no obligation to cancel your order and refund you any money, if wish to cancel your order for products more than seven days after placing that order with us.
3.5 If we have accepted your cancellation request after you have received your ordered products, then you must first return those products to us in their original condition at your own expense. We have no obligation to provide you with a refund if those products are not returned to us or are returned in a damaged condition or if there is any shortage in the number of products you return.
3.6 If you return damaged products or if there is a shortage in the number of returned products, then we are entitled to deduct an amount (as determined by us) which represents the damage or shortage from the original payment made by you before refunding you the balance of that payment.
4.1 You may suspend your subscription at anytime.
4.2 Your suspension email or phone request must be received within 14 days of receiving your previous delivery
5. CHANGE OF DETAILS
5.1 You must promptly advise us of any changes to your information provided to us as part of the customer registration process.
5.2 Changes to address details and/or delivery instructions must be communicated and received within 14 days of receiving your previous delivery to the effective date.
5.3 Changes to payment details must be communicated at least 5 days prior to the effective date. Tripod Coffee will not be liable for any charges you incur as a result of out of date payment information. If Tripod Coffee incurs an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.
6. PRICE AND PAYMENT
6.1 From time to time Tripod Coffee may need to revise the price of its products. In the event of a price increase, Tripod Coffee will honour the price that You subscribed to for the duration of Your minimum subscription. After this point, 14 days notice will be given of any price increase to your ongoing subscription and no penalty will be incurred by You if you choose to cancel this subscription upon receipt of this information. You have 7 days upon receiving this information to cancel, otherwise cancellation must be done under section 3 above.
6.2 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
6.3 Product prices include applicable taxes including GST.
6.4 Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page.
7. OUR REFUNDS POLICY
7.1 If you return a Product to us:
Because you have cancelled the Contract between us in accordance with clause 5.4, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you may be responsible for the cost of returning the item to us.
For any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e'mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e'mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7.3 Orders placed for delivery addresses outside our Service Area may be subject to a $2 refund fee if payment has been processed.
8.2 agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order.
8.4 We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. You must make all appropriate arrangements to assist and allow us to deliver your order, including obtaining any prior security, or other, approvals which may apply to your delivery location.
8.5 We may require the person accepting the delivery of your order to provide us with proof of that person's identity (including photographic identification. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
8.6 Tripod Coffee accepts no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details, which are incorrectly supplied, or you fail to supply.
8.7 If you will not be at ‘home' at the expected delivery time, we recommend you nominate a cool safe place for delivery of your order. If you do not provide a specific place for delivery, Tripod Coffee will leave your order at your front door. If you advise Tripod Coffee of any specific delivery instructions in your order, Tripod Coffee will endeavour to comply with these instructions to the extent reasonably within its control.
8.8 You will be responsible for your order from the time we deliver your products in accordance with your instructions. We accept no liability or responsibility for any product once the product has been delivered to you.
9. ACCEPTANCE OR REJECTION OF AN ORDER
9.1 We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
9.2 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
9.3 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.
10.1 Our products come with guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.2 The consumer guarantees that apply to goods you purchase:
Goods will be of acceptable quality
Goods will be fit for a particular purpose
Goods will match their description
You will have title to the goods
10.3 You will have undisturbed possession of the goods. You acknowledge that the products displayed on the Tripod Coffee website are indicative only. In particular, Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
11. RISK AND TITLE
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
12. DISCLAIMER AND LIMITATION OF LIABILITY
12.1 The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits.
12.2 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an "as is" and "as available" basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
12.3 We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
12.4 You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
12.5 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub'contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
14.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
14.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly'held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non'happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.3 Strikes, lock'outs or other industrial action;
15.4 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.5 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.6 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.7 Impossibility of the use of public or private telecommunications networks;
15.8 Epidemic, pandemic or other health emergency (whether declared or not);and
15.9 The acts, decrees, legislation, regulations or restrictions of any government.
15.10 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
17.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18.4 Nothing in this clause limits or excludes any liability for fraud.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. GOVERNING LAW AND JURISDICTION
20.1 The laws of New South Wales and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of New South Wales and any courts of appeal therefrom.