TERMS AND CONDITIONS
These terms and conditions are binding on You when You use this website and when You purchase Goods online from Us. You must carefully read these terms and conditions before placing your Order.
IF YOU DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS THEN DO NOT USE THIS WEBSITE
‘Agreement’ means an agreement between You and Smelly Cheese Shop to supply Goods.
‘Delivery Address’ means the address to which the Goods are to be delivered as stated on the Order.
‘Delivery Fee’ means the fee payable to Smelly Cheese Shop for the cost of delivery and handling of the Goods to You.
‘Goods’ means Goods described in an Order and includes packaging.
‘Order’ means an order by You to purchase Goods from Smelly Cheese Shop.
‘Product List’ means the list of Goods displayed from Smelly Cheese Shop.
‘Smelly Cheese Club’ means a customer club which provides special benefits to members.
‘Smelly Cheese Shop’, ‘Our’, ‘Us’ or ‘We’ means Washed Rind Pty Ltd ABN 44 085 569 259 trading as Smelly Cheese Shop.
‘You’ or ‘Your’ means You as Our customer as identified in the information compiling Your Order.
2.1 Terms and Conditions
Any agreement between You and Smelly Cheese Shop for the purchase of Goods will incorporate these terms and conditions to which You agree to be bound. Each time You order Goods from Smelly Cheese Shop a new and separate agreement will be created.
2.2 Entire Contract
These terms and conditions cancel and are in substitution for all or any previous conditions and are subject to change without reason by Smelly Cheese Shop and these conditions do not constitute an offer to sell or to supply the goods or supply any services to anyone. These terms and conditions including any terms and conditions on other parts on this website contain the complete and final agreement between Us and You and no other agreement in any way modifying any of the said terms and conditions will be binding upon Smelly Cheese Shop unless made in writing and signed by Our authorised representative.
3 YOUR INFORMATION
3.1 Information to be provided
Smelly Cheese Shop requires information relating to contact and delivery information to enable us to fulfil your Order. Where the Smelly Cheese Shop website requires that You register in order to use certain areas of this website, You are also required to provide certain information to Us. You must provide all information sought by Us before placing an Order to purchase Goods from Smelly Cheese Shop. You warrant that all such information and data provided by You to Us is accurate, complete and up to date. If there is any change to this information or data it is Your responsibility to immediately notify Us of such change.
3.2 Sharing Your Information
To enable Us to provide the delivery service You agree and accept Smelly Cheese Shop may need to pass Your private information such as Your name and address to all of those involved in providing our delivery service.
3.3 Direct Marketing
You permit Us from time to time to provide You by email or post direct marketing offers.
4. DELIVERY AND RISK
4.1 Delivery Address
We can deliver to almost anywhere in Australia. However You must provide Us with a Delivery Address which is accessible for our delivery service.
4.2 Delivery of the Goods
Smelly Cheese Shop will arrange for delivery of the Goods to You at the Delivery Address for which a Delivery Fee will be charged in addition to the cost of the goods.
4.3 Deemed Receipt of Goods
We may leave the Goods at the Delivery Address with any person and such person shall be deemed to be authorised to receive the Goods. If no-one is present at the Delivery Address to accept the Goods then unless You have provided Us with instructions to the contrary We can leave the Goods at the Delivery Address.
4.4 Late Delivery
Smelly Cheese Shop will make all reasonable efforts to have Goods delivered to You within the time specified above, but Smelly Cheese Shop shall be under no liability whatsoever should delivery not be made within this time.
The risk in any Goods purchased shall unless otherwise agreed in writing be passed to You upon delivery to You or Your agent.
5.1 Placing an Online Order
You place an Order to purchase Goods from Smelly Cheese Shop when You press the “CONFIRM” button when paying by Cheque/Money Order/Cash Order and pressing the “SUBMIT PAYMENT” button when paying by credit card.
5.2 Acceptance of Orders
Smelly Cheese Shop does not necessarily have to accept any Order once submitted to Us and reserves the right to reject any Order or part of an Order. Orders will not be accepted until full payment has been received.
5.3 Out of Stock Goods
If any item which forms part of Your Order is out of stock We will endeavour to contact You to seek Your instructions to accept a substitute item. If We cannot contact You then your Order will be deemed to be modified to allow Us to supply a product of similar characteristics if available. If no substitute is available a credit will be applied to Your account to be utilised when next You order. If You elect not to receive a substitute product You will need to advise Us at the time of placing your Order.
Orders accepted by Smelly Cheese Shop cannot be countermanded.
6 PRICE AND PAYMENT
6.1 Price of Goods
The price You will be charged for the Goods on Our Product List is the price which is displayed when Your Order is placed. GST (if applicable) is included in the price shown on the Product List.
6.2 Delivery Fee
You also agree to pay the Delivery Fee in respect of each Order. However Smelly Cheese Shop may in its discretion agree to waive that fee for some orders placed by members of the Smelly Cheese Club.
6.3 Price Comparisons
Prices on the Product List may not necessarily be the same as prices in Your local Smelly Cheese Shop. Different store promotions may be run from online promotions.
Errors in computations, typing or otherwise of catalogue, quotation, acceptance, offer, invoice, delivery docket, credit note, specification of Smelly Cheese Shop shall be subject to correction.
You agree to pay the total amount set out in Your Order.
6.6 Dishonoured Payments
If a cheque is tendered in payment is not honoured, then You agree to pay the amount not recovered upon such cheque together with any reasonable amount incurred or expended, in respect of such cheque and it collection costs.
7 SMELLY CHEESE CLUB
Membership to the Smelly Cheese Club is subject to You paying the membership fee. To become a member You must complete the online membership application.
7.2 Exclusive Offers
You agree by becoming a Smelly Cheese Club Member that We are able to provide to You by email or by post details of special offers and other member benefits.
8. ACCEPTANCE AND CLAIMS
Acceptance of the Goods delivered shall be deemed for all purposes to have taken place at the expiration of two (2) days from the date of each delivery.
If You are not satisfied with the quality of the Goods delivered to You, then You should immediately contact Smelly Cheese Shop and We will assess Your request for a credit or refund of the purchase price.
9. INTELLECTUAL PROPERTY
You should assume that all contents of this website are copyrighted unless otherwise noted and may not be used except as provided herein. You may freely browse this site and download material therefrom. Downloaded materials may be used by You for personal, non-commercial use. You may not, however, distribute, modify, transmit, re-use, re-post or use any of such materials for public or commercial purposes, without the express written permission of Smelly Cheese Shop. All copyright and other proprietary notices contained in downloaded materials and printed copies thereof must be retained.
Images displayed on the website are either the property of, or used with permission by Smelly Cheese Shop. The use of these images by You is prohibited unless specifically permitted by these terms and conditions or by specific permission provided elsewhere on this site. Unauthorised use of the images may violate copyright, trademark, privacy and/or other statutes or regulations.
10. WEBSITE LINKS
10.1 Links to Third Party Sites
This website may provide links or references to other sites. Any links to other sites provided in this website will be provided for Your convenience only, and You access such other sites entirely at Your risk. These other sites are not under the control of Smelly Cheese Shop, and We are not responsible or liable for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or for any damage or injury arising in connection with Your access to such sites. The presence of any such link in this website does not imply endorsement by Smelly Cheese Shop of a site, its contents, or any company, person, product or service related to the site. Smelly Cheese Shop may terminate any link on or to a site at any time at its sole discretion.
10.2 Links to the Website
Nothing in these terms and conditions will imply authorisation for any party to create links to this website. If You wish to create a link to any part of Our website You must obtain prior written consent from Us. To obtain consent simply email Your request to Us providing full details and the purpose of such a link.
Under no circumstances is Smelly Cheese Shop liable for any direct or consequential loss or damage to persons or property of any nature due to any cause whatsoever arising from inaccurate, incomplete or out of date information provided by You.
11.2 Website Use
You use this website at Your own risk. Smelly Cheese Shop is not liable for any direct or consequential loss or damage arising out of Your access to, or use of, this website. This includes damages to, or for viruses that may infect Your computer equipment. Without limiting the foregoing, everything on this website is provided to You “AS IS”.
11.3. Exclusion of Implied Warranties
All Conditions and Warranties implied by Law or under Statute are hereby expressly negatived so far as they lawfully can be. If Smelly Cheese Shop has any liability it shall be limited to Goods supplied, the replacement or the cost of replacement of the Goods.
12. YOUR STATUTORY RIGHTS
These terms and conditions shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon You or the liabilities imposed upon Smelly Cheese Shop, by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance, rendering void or prohibiting such exclusion, limitation, restriction or modification.
If any of these terms or conditions is or becomes for any reason wholly or partly invalid that term or condition shall to the extent of the invalidity be severed without prejudice to the continuing force and validity of the remaining terms and conditions
Notwithstanding any implication of law to the contrary, all contracts between You and Smelly Cheese Shop shall be deemed to be made and construed and to be enforceable in and according to the laws of the State of South Australia.