Terms of service

Caffe Molinari – TERMS AND CONDITIONS

These terms (Terms) form a contract between you and Modena Trading Pty Limited ACN 140 018 015 trading as Caffe Molinari of 1A 64-66 Mentmore Ave Rosebery NSW 2018 (Molinari). These terms apply to the purchase, ordering and delivery of Products from the website shop at molinaricoffee.myshopify.com (Site), and by using our Site, you agree and accept the Terms, together with our privacy policy. If you have an online account with us, you agree that these Terms apply to your use of that online account and all your Orders.

Molinari reserves its right to amend, remove or vary the Terms and/or any page of this Site at its discretion without notice to you. You should review and be aware of the Terms each time you use our Site.

1. Definitions and interpretation

 The following definitions apply to these Terms:

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Sydney, Australia.

Card Balance means the unspent value of a Gift Card.

Delivery Address means the address where the Products are to be delivered and provided by you on your Order.

Delivery Agent means a third-party delivery or shipping company engaged by us to deliver Products.

Delivery Fee means the applicable fee for the delivery or shipping of Products.

Molinari means Modena Trading Pty Limited ACN 140 018 015 trading as Caffe Molinari.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Products from Molinari under these Terms whether through the Site.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Price means the purchase price of each Product as specified on the Site.

Privacy Policy means our Privacy Policy.

Product(s) means the items offered for sale on the Site.

Redeem means to reduce the value loaded on your Gift Card by using the Gift Card to purchase goods or services, and “Redeemable”, “Redeemed” and “Redemption” have corresponding meanings.

Refunds Policy means our Return, Exchange and Refund Policy.

Site means our sites available from Caffe Molinari.

we, us and our means Molinari.

you and your means you as the purchaser of Products from Molinari pursuant to these Terms.

 In these Terms, the singular includes the plural and vice versa, if a word or phrase is defined and its other grammatical forms have a corresponding meaning.

2. Compliance

You are bound by these Terms each time you submit an Order.

3. Placing Orders

You make an offer to enter into an agreement to purchase Product(s) by placing an Order. Orders made via our Site will be deemed received by us at the time an order confirmation is sent to your nominated e-mail address. It is your responsibility to ensure the accuracy of the contact details, delivery address and email address entered with your Order. If you supply incorrect contact details or delivery address, Molinari will not be liable to you or any third-party for any resulting delay, loss or failure to process your Order or being unable to advise you in such instances. You may place an Order on the Site if you are aged 16 years or over and have an email address or a telephone number where you can be contacted. If you provide us with the Personal Information of another person, such as a recipient of gifts or Products Ordered by you, you must have consent to provide us with the Personal Information.

Each Order you place is a separate contract, and a tax invoice will be issued at the time the Products are ready for dispatch. Your Order becomes a sale when your Order is dispatched, and we have issued you a Tax Invoice. If you place consecutive or separate Orders, we are unable to guarantee that your Orders will be consolidated, and a separate Delivery Fee may apply to each Order.

Subject to any applicable quantity restrictions you can order as many Products as you wish in one Order. However, we may, from time to time, restrict the quantity of Products which can be purchased in one Order or during a particular period or per person or per delivery address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or advised to you.

We reserve the right to accept or reject your Order for any reason at any time. If we reject your Order, you will receive a refund.

4. Availability of Products

From time to time, we may not be able to fulfill all or part of your Order if Products are out of stock or unavailable. If this happens, we will refund you the price paid for the unavailable Products. At any time and without notice to you, we may withdraw or suspend the sale of any Product displayed on the Site, either temporarily or permanently. We will not be liable to you for any loss you or any third party suffer because of any such withdrawal or suspension of sale of a particular Product. If your Order includes a Product which has been withdrawn or suspended from sale under this clause and your payment for that Product has already been processed, we will refund you the money paid for that Product in accordance with clause 8.

Molinari reserves the right not to honour any incorrect offers represented on our Site made by genuine human or system error. Where your Order is affected by such an error on the Site (for example, in a description, an image, Price or otherwise), we will reject that affected part of the Order, and you will be refunded the value of that affected part of your Order in accordance with clause 8, and the remainder of your Order will be fulfilled. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Return, Exchange and Refund Policy.

If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.

You acknowledge and agree that all images of Products displayed are for illustrative purposes only, and any accessory featured with a Product is for illustrative purposes only and may be sold separately.

5. Price and payment

When you place an Order, you agree to pay the Price and any applicable Delivery Fee. All Prices are in Australian Dollars and inclusive of GST. Where applicable, any fees and charges (including Delivery Fees) imposed by these Terms also include GST.

We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Products at that Price (unless your Order is affected by a pricing error, then clause 4 will apply).

Payment methods are specified on our Site and can include a Molinari gift voucher or credit card. The name on a credit card used for payments must match the name on the Order. Cheques cannot be used as a payment method for any purchase. Products will not be dispatched until a payment for an Order is cleared by Molinari.

By paying or attempting to pay for an Order, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

Your Order will be rejected if your payment cannot be processed, and we will notify you. If a credit card payment cannot be processed, you should contact your card issuer to resolve the problem or use another payment method to finalise your Order. Lay-by or similar payment methods such as After-Pay are not yet available online.

6. Delivery

Dispatch times may vary according to availability and our Delivery Agent. Any representations made regarding delivery, dispatch or handling times are estimates only and are subject to delays due to postal and shipping delays or force majeure events which we are not responsible for.

A signature on delivery may be required, and if you refuse to sign for the delivery, this will be taken as a refusal to take delivery by you. If no-one is at the delivery address or there is limited access to the delivery address, and a signature is not required for the delivery, the Delivery Agent will leave a collection card with instructions on where to collect the Products unless an authority to leave is received by us from you within a reasonable time.

7. Order cancellations and returns

Unless provided for under these Terms or as otherwise agreed by Molinari, no cancellations or changes to Orders will be accepted, and the Products will be delivered to the Delivery Address in your Order. You should ensure that your Order is accurate before you submit it. Subject to our Return, Exchange and Refund Policy, you may be able to return Products.

If, after making reasonable attempts, we are unable to contact you about your Order using the contact details you provided in the Order, we will cancel your Order and refund any money paid.

In accordance with our Return, Exchange and Refund Policy, and unless otherwise explicitly stated by us, Delivery Fees will not be refunded if you return Products due to a change of mind or incorrect selection. Any Products you purchase can only be returned in accordance with these Terms and the Return, Exchange and Refund Policy which forms a part of these Terms.  If we agree to provide a refund, we will endeavour to process the refund within a reasonable time to the original payment method. Original payments made via credit card or via a combination of a gift voucher and a credit card, will be processed on the same credit card that the original payment was made.

8. Promotions and discounts

You may receive online offers and promotions, whether mailed to your home, with your Order, emailed to you or available on the Site. Some offers may include a promotional or discount code (Code) for use when placing an Order. You are responsible for ensuring the Code is valid and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order or after its expiration date or made invalid for any reason. Separate terms may apply to the use of the Code and the Code may be specific to only certain Products or Orders. Any Code is non-transferable, cannot be used with other offers and must not be posted on a forum or website. All references to times in promotions are based on the local time in Sydney, Australia unless stated otherwise.

9. Privacy

Personal Information, which you provide to us during the Order process including contact details, will be kept, used and disclosed by us in accordance with our Privacy Policy. By using our Site, we may also collect, and our third-party providers of advertisements, content, products and services may collect, location and other information such as IP address, pages you visited on our Site, advertisements which lead you to our site and other information. See our Privacy Policy for further information on what Personal Information we may collect and how we collect, use or disclose your Personal Information.

Unless otherwise indicated in your account settings or at the time you place your Order, Molinari may send you marketing information. If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account or contact us via contact@caffemolinari.com.au. You may also unsubscribe as indicated in marketing materials sent to you.

Molinari reserves the right to conduct and implement fraud detection processes, including but not limited to validating your credit card details. These processes help protect our customers from online fraud. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In such circumstances, your Order must pass our fraud detection processes before it will be fulfilled. Failure to provide the requested information within the required timeframe may result in your Order being cancelled and funds returned to your original payment method, if applicable.

10. Trademarks

The Caffe Molinari logo and the logos of the Caffe Molinari products are registered trademarks of Caffe Molinari or its related companies. Other trademarks may be displayed on Caffe Molinari from time to time. These may belong to third parties. Nothing displayed on Caffe Molinari should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

11. Risk & Liability

Risk and title in the Products pass to you on the date and time of delivery of the Products to you by the Delivery Agent.

Our goods 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. If the failure does not amount to a major failure but fail to be of acceptable quality, you are also entitled to have the goods repaired or replaced. We may provide an additional warranty to the rights and remedies provided by the Consumer Law. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased, and you should refer to the product packaging and brochures to determine the warranty term and conditions applicable.

We exclude, to the fullest extent possible under Law, all implied terms, and warranties whether statutory or otherwise, relating to the subject matter of these Terms. To the fullest extent possible under Law and subject to the immediately preceding paragraph, Molinari will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.

Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

12. Termination

At our discretion, we may terminate the agreement for the supply of Products to you:

• for convenience, at any time, upon giving notice to you; or
• immediately if we reasonably believe that you have breached these Terms and the breach is not capable of remedy or you have been provided with a breach notice and you have failed to remedy the breach within 14 days for a breach which is able to be remedied.

14. Gift card

In these Terms “Gift Card” refers to Caffe Molinari branded digital gift cards which can only be redeemed In-Store or on our Site.

You agree to be bound by these Terms by purchasing, activating, using or attempting to use a Gift Card, or by making a transaction enquiry or exercising any right to Redeem value loaded on a Gift Card.

By purchasing, activating, using or attempting to use a Gift Card, or by making a transaction enquiry or exercising any right to Redeem value loaded on a Gift Card, you warrant to us that you will comply with these Terms and all applicable laws and that the Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers. Should we (acting reasonably and in good faith) suspect any fraud relating to a Gift Card, we may refuse to redeem the Gift Card or cancel the redemption of the Gift Card prior to the relevant goods paid for using the Gift Card being provided to the holder.

If you are giving a Gift Card to another person, you must ensure that he or she is aware of these Terms that apply to the Gift Card. The resale of Gift Cards is strictly prohibited, except with our written consent.

Gift Cards can be purchased online In-Store or on our Site to the value of $50, $100, $200, $300, $400 and $500. While we do our best to ensure Gift Cards are issued on the requested date, your order may be held for review, and we ask that you please allow up to 48 hours for delivery in peak periods. When purchasing Gift Cards, payment can be made via cash, EFTPOS or credit card. Payment is required (including payment clearance) prior to the Gift Card being issued.

Gift Cards can be Redeemed for goods only In-Store or on our Site up to the value loaded onto the Gift Card. If your order exceeds the Card Balance of the Gift Card, you must pay the amount in excess of the Card Balance via an alternative payment method provided In-Store or on our Site.

Gift Cards cannot be exchanged (wholly or partly) for a different brand, denomination or for another tender, cash or discount. If Gift Cards are partially Redeemed, the Card Balance will remain on the Gift Card for future purchases. The Gift Card is valid until the expiry date shown on the Gift Card and cannot be used after expiry. After its expiry, any Card Balance will be forfeited and the Gift Card will be declined when presented for use.

Gift Cards cannot be refunded or returned unless otherwise required by law (including the Australian Consumer Law). Gift Cards cannot be replaced if lost or stolen, including instances where the incorrect email address has been supplied by the purchaser.

You can check your Card Balance via the link provided on the Gift Card. If you have any questions, contact us via admin@caffemolinari.com.au.

13. General

We reserve the right to make changes to these Terms and any variations to these Terms will take effect from the date and time of posting on the Site. The Terms in place at the time you place an Order will govern that Order.

Any provision of these Terms which are prohibited or unenforceable in any jurisdiction are ineffective in that jurisdiction to the extent of the prohibition or unenforceability. The validity or enforceability of that provision in any other jurisdiction is not affected and the remaining provisions of these Terms remain valid.

A failure or delay by us to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.

The laws of New South Wales, Australia govern this agreement and your transaction online and is deemed to have taken place in Sydney, New South Wales.