WHOLESALE
(Revision date: 23/02/2021)
1. Delivery will be at the place nominated on the sales confirmation. Any variation to the place of delivery will be charged to your account.
2. You must check the goods as soon as they are delivered to you and before you use them in the way set out in clause 7.2. If you notice any shortages or damage after that, you must tell Royal Nut Company within 7 days of receipt of the shipment by you. You will be responsible for any loss, damage or deterioration to goods once they are delivered to you.
3. You must pay for the goods in the way as per your approved credit terms. You must pay Royal Nut Company interest on any overdue amount calculated at the daily basis at the credit card rate charged from time to time by Westpac Bank (Melbourne branch), applicable per annum.
4. Goods are not supplied on a sale or return basis. Subject to these terms and conditions, once you accept our sales confirmation, you are obliged to take the goods although property is yet to pass.
4.1. Any agreement to accept any return of goods must be in writing signed on our behalf.
4.2. If we agree to accept any return, our current return conditions will apply. Details of current return conditions are available on request.
5. We are not obliged to give you credit but if we do, the following terms apply:
5.1. Payment will become due immediately if:
5.1.2. a meeting of your creditors is called
5.1.3. a mortgagee or mortgagee’s agent takes possession of any of your assets
5.1.4. a receiver of any of your assets is appointed
5.1.5. you go into administration or
5.1.6. a petition to bankrupt or liquidate you is issued.
5.2. You must pay Royal Nut Company any costs (including debt collector’s commission) we incur to recover (or to attempt to recover) any overdue payment.
6. You acknowledge that until that time you are in possession of the goods solely as bailee for Royal Nut Company. Your right to possession of the goods ceases if payment for the goods is due under clause 4 or 5 or 5.1 but is not paid. In that case, we may enter any premises where the goods are, or are reasonably thought to be, and repossess them.
7. Until property in goods supplied passes to you:
7.1. You must store them separately and so that they are clearly identifiable as our property until you sell or use the goods.
7.2. You may fix the goods or products into the articles of any third party on condition that the resulting item will be deemed to be owned in common by Royal Nut Company and that third party.
7.3.1. You make the sale as our agent and bailee.
7.3.2. Any proceeds of sale received by you are held by you on trust for Royal Nut Company and you must keep them separately and so that they are clearly identifiable as ours.
7.3.3. If you have not received the proceeds of sale, you will, if we so require, assign to Royal Nut Company your rights to the sale price.
8. If payment for the goods is due (under clause 4 or 5 or 5.1) but not paid, we may take any one or more, or all of the following actions
8.1. Sue for moneys owing on the goods.
8.2. Retake possession of them.
8.3. Take and/or claim the proceeds of sale referred to in 7.3 whether paid or due to be paid.
8.4. Take any other action based on our rights set out above.
9. You must check the goods as soon as they are delivered to you and before you use them in the way set out in clause 7.2. We will not be liable to you for any damages (direct or indirect) whatsoever (including consequential damages) which may be suffered from any cause whatsoever including our negligence. Subject to the Trade Practices Act 1974 or any other such laws, our liability in relation to the supply of the goods will be limited, at our option, to the provision of further goods or the supply of similar goods, the repair of defective goods, the payment of the cost of repairing the defective goods or of having the goods repaired.
10. Neither any previous dealings nor any term or condition set out in your forms or other documentation will affect these terms and conditions.
11. In these terms and conditions reference to a person includes a corporation, and the singular includes the plural and vice versa.
12. If there is more than one, the persons comprising the client are jointly and severally bound by these terms and conditions.
13. The law of Victoria governs these terms and conditions and any legal action relating to them must be brought in the Courts of that State. Each separate delivery will be a separate contract between you and Royal Nut Company on the above terms and conditions.
14. If any court or other competent authority declares any part of these terms and conditions to be void or unenforceable or if these terms and conditions would, if any part were not omitted, be unenforceable then that part will, without in any way affecting the enforceability not contained in them.
15. By trading with Royal Nut Company, the Customer agrees to:
15.1. be bound by these Terms and Conditions. If the Customer does not agree with these Terms and Conditions, they must not place orders with Royal Nut Company;
15.2. the Royal Nut Company Privacy Policy.
16. Royal Nut Company may, at any time, change or modify these Terms and Conditions stated in this document and the changes will be effective when Royal Nut Company publishes them on the Site. The Customer will be deemed to have accepted any changed or additional terms if the Customer continues to trade with Royal Nut Company. The Customer should review these Terms and Conditions from time to time to ensure that they are aware of any changes.
17. Expressions defined in the General Terms shall have the same meaning when used in this document. This document is to be interpreted in the way provided for in the General Terms.
ONLINE
(Revision date: 9/09/2020)
1. WHO, WHAT AND WHERE
1.1 Royal Nut Company ABN 52 102 319 102 (RNC) grants you a non-exclusive, limited and revocable license to use and access the website “royalnutcompany.com.au” (Site). In these Terms and Conditions, “us”, “we” and “our” refer to RNC and references to “you” and “your” is to you, the end user. These Terms and Conditions is made in accordance with the laws prevalent in Victoria, Australia.
2. DEFINITIONS AND INTERPRETATION
2.1 Use of the Royal Nut Company Site
By using the Site, the Customer agrees to:
(a) be bound by these Terms and Conditions. If the Customer does not agree with these Terms and Conditions, they must immediately stop using the Site;
(b) the Royal Nut Company Privacy Policy.
2.2 Services of the Site
(a) Until registered, the Customer is a “User” and you as a User do not have the authority, implied or express, to access the Services, and Royal Nut Company disclaims all liability in relation to your use of the Site.
(b) Royal Nut Company may offer access to controlled areas of the Site or offer Goods and Services for sale. Registration is required on the Site in order to access the Services.
2.3 Changes to these terms
Royal Nut Company may, at any time, change or modify these Terms and Conditions stated in this document and the changes will be effective when Royal Nut Company publishes them on the Site. The Customer will be deemed to have accepted any changed or additional terms if the Customer continues to use, view or access the Site. The Customer should review these Terms and Conditions from time to time to ensure that they are aware of any changes.
2.4 Application of the General Terms
Expressions defined in the General Terms shall have the same meaning when used in this document. This document is to be interpreted in the way provided for in the General Terms.
3. ONLINE SALES
3.1 Ordering
The Customer agrees to these Terms and Conditions when purchasing Goods and Services online.
(a) Any purchases of Goods and Services from the online store via the Site is confirmed when the Customer completes payment for those Goods and Services;
(b) All purchases must be made with either credit or debit card only;
(c) Prices and stock levels of Goods and Services may vary between Royal Nut Company online store and retail shops.
3.2 Shipping and Delivery
(a) Royal Nut Company will advise the Customer of shipping fees prior to payment of the Order;
(b) Royal Nut Company reserves the right to cancel any Order should the shipping fees be insufficient;
(c) The Customer must provide Royal Nut Company with accurate shipping information;
(d) Orders will be shipped within the number of days specified in the shipping section of the website, from payment being received unless otherwise agreed between the parties. Shipping times may be increased during extraordinary times or festive seasons;
(e) Customers will be notified by email or another method once the Goods are despatched;
(f) The Customer is responsible and liable for any loss or damage of the Goods upon delivery;
(g) The Customer is responsible for climatic conditions affecting the product(s) in transit.
(h) Royal Nut Company will deliver Goods by registered courier or Australia Post unless otherwise agreed between the parties;
(i) Regarding authority to leave the parcel:
(i) if the Customer selects the ‘Authority to leave’ option during the checkout process, the courier will leave the order as instructed;
(ii) Royal Nut Company will not be held responsible for lost or damaged parcels/Goods after they have been delivered in accordance with clause 2.2(h)(i); and
(iii) upon completion of the Order, Royal Nut Company will send the Customer an Order confirmation to their nominated email or other method.
(j) After taking delivery of the Goods, the Customer agrees to examine the Goods and notify Royal Nut Company if there is any defect in the Goods within 7 days of the delivery date.
3.3 Returns
(a) Royal Nut Company shall provide a refund or exchange on an Order where (without limitation):
(i) a Product has exceeded its “best before” date at the time when it is received by the Customer;
(ii) an incorrect Product was sent to the Customer; or
(iii) the Product is faulty or damaged in some way upon receipt by the Customer.
(b) To receive a refund or exchange the Customer must, within 7 days of receiving the Order:
(i) notify Royal Nut Company by phone (+61 3 9383 5555) or email (online@royalnutcompany.com.au) outlining the problem with the Order, at which time the Customer will be given instructions on how to return the items; and
(ii) despatch the items for exchange or refund back to Royal Nut Company.
(c) Royal Nut Company will not accept returns, nor offer an exchange or refund, for:
(i) incorrect Orders made by the Customer;
(ii) change of mind;
(iii) dislike of Product; or
(iv) incorrect treatment or storage of the Product by the Customer.
(d) Royal Nut Company reserves the right to decide whether or not to make an exchange or refund until it has received the returned items.
3.4 Taxes
All sales are subject to Goods and Services Tax (GST).
3.5 Customs
When Orders are placed with a listed delivery address outside Australia;
(a) it is the Customer’s sole responsibility to ensure the Goods and/or Products are legally imported into the country of destination; and
(b) the Customer agrees to pay any customs, duties and/or taxes with respect to the Goods and/or Products ordered on the Site.
3.6 Discounts
Discounts are available via specific codes authorised by Royal Nut Company only;
(a) Discount vouchers, codes and offers from unauthorised third-party websites are invalid;
(b) Discount vouchers, codes and offers cannot be used on 5kg bulk products unless otherwise stated.
4. ROYAL NUT COMPANY WEBSITE
4.1 Conditions of use
In using the Site, the Customer agrees to:
(a) only use the Site for lawful purposes;
(b) not engage in any improper, indecent or offensive behaviour;
(c) not break any local, state or federal law in the jurisdiction, at the time of access, of the Customer;
(d) treat the Site and its users with respect and not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by Royal Nut Company);
(e) provide Royal Nut Company with accurate personal and contact information; and
(f) represent only themselves and not create false aliases or impersonate any other person (with or without their consent) while using the Site.
4.2 Site availability
Royal Nut Company is not required to keep the Site available for Customer use and makes no warranties to its availability.
Royal Nut Company accept no responsibility for the unavailability of the Site, or any offers of Goods or Services found on the Site, and the Customer agrees that the Royal Nut Company is not liable for any loss or damage that the Customer or any other person incurs by not being able to access the Site.
Royal Nut Company make no guarantees, implied or express, as to the ongoing availability of the Site and the Goods, Products or Services offered via the Site.
4.3 Intellectual Property
(a) All content on the Site and the Services are the copyright and property of Royal Nut Company. Without the express written permission of Royal Not Company, persons shall not:
(i) replicate all or part of the Site or Services in any way; or
(ii) incorporate all or part of the Site or Services in any other webpage, site, application or other digital or non-digital format.
(b) Royal Nut Company has moral and registered rights in its trademarks and they shall not be copied, altered, used or otherwise without the prior written consent of Royal Nut Company.
(c) By using the Site the Customer agrees not to copy the Site or Services for their own commercial purposes.
(d) The Customer agrees and warrants to not solicit other Customers, Users and members of the Site to join another competing site or in any way to stop using the Site in preference of using another site offering comparable services.
(e) The Customer indemnifies Royal Nut Company for any loss or damage Royal Nut Company suffers as a result of a breach of this warranty.
4.4 Third party websites and advertising
(a) The Site may contain information and advertising from third-party businesses, people and websites (Third-Parties). The Customer consents to receiving this information as part of use of the Site.
(b) Royal Nut Company are not responsible for any information transmitted by Third Parties or liable for any reliance the Customer makes upon the information or statements conveyed by Third Parties (or in relation to dealings with Third Parties), nor are Royal Nut Company responsible for the accuracy of any advertisements.
4.5 Limitation of liability and indemnity
(a) The Customer acknowledges and agrees:
(i) to use the Site at their own risk;
(ii) Royal Nut Company is not responsible for the conduct or activities of any Users or members of the Site and is not liable for such under any circumstances;
(iii) when provided with a username and password to access the Services, it is the Customer’s responsibility to keep the username and password secure and the Customer indemnifies Royal Nut Company for any loss or damage suffered as a result of unauthorised access to the Customer’s account. The Customer is solely responsible for the use of the account, irrespective of who is utilising it, whether with or without permission;
(iv) to indemnify Royal Nut Company for any loss, damage, cost or expense suffered or incurred as a result of or in connection with the Customer’s use of or conduct in connection with the Site, including any breach of these Terms and Conditions;
(v) Royal Nut Company in no circumstances will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use the Site or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Royal Nut Company knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise;
(vi) certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Royal Nut Company and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:
A the re-supply of Services or payment of the cost of re-supply of Services; or
B the replacement or repair of Goods or payment of the cost of replacement or repair of the Goods.
4.6 Termination and cancellation
Use of the Site may be cancelled at any time, for any reason, on a temporary or permanent basis. The Customer must immediately cease using the Site upon receiving a notice cancelling their license to use the Site.
5. GENERAL
5.1 Severability
Any provision of the Terms and Conditions in this document which is prohibited or unenforceable in any justification is ineffective to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in