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Website Terms and Conditions
In these terms and conditions, "we", "us" and "our" means Marco Dabizzi & Antonella Bettazzi ABN 7224 5461 954, of 11 Towilla Way, Killarney VIC 3283. Please read these terms and conditions carefully as they apply to your use of the TheGastronaut.com.au website (the Website). By accessing or using the Website you agree to be bound by these Terms and Conditions.
Licence to Use the Content on the Website
All photos within this site are not for commercial reproduction without written permission from us.
Please ensure that you have read all terms and conditions carefully before making your purchase.
By purchasing any item, you have agreed to the exclusive terms and conditions governing the sales between the Customer and The Gastronaut Fine Foods
All orders placed through this web site are subject to confirmation and acceptance by The Gastronaut Fine Foods. We reserve the right to change prices without notice. The Gastronaut Fine Foods reserves the right to refuse or cancel any orders, whether or not the order has been confirmed and payment made. If payment has been made for the purchase and your order is canceled, we will notify you immediately and refund the amount paid. We will inform you as soon as possible of any changes in prices, or cancellation of orders.
All of our prices are in Australian dollars (AUD) and include GST (Goods and services tax).
Orders will be delivered to the address specified by you. Our preferred courier is Australia Post. We will do our best to deliver your order promptly. Once funds have cleared, most items will be dispatched the same day. While all care is taken in the packaging and postage of your purchase, we will assume no liability for any late delivery. Missing or damaged goods while in transit, will be processed according to the terms and conditions of the courier company.
Pictures & Product Descriptions
Whilst every effort is made to make products descriptions as accurate as possible, errors may unintentionally occur. If you require clarification on any item specifications, please contact our office via email. All pictures on this site are copyright and the property of The Gastronaut Fine Foods; certain images may be the property of other persons and these have been used with authority of the image owner.
Paypal order will take preference due to the speedy notification of successful funds transfer. We accept also Direct Bank Deposits. When paying by Direct Deposit, please use your order number as the payment reference. If for some reason this is not possible, email us the branch name and branch number (BSB), date and amount paid. This will ensure that we are able to dispatch your order promptly.
Full Payment Instructions will be provided to you in the checkout. Payment must be cleared before the goods are dispatched.
Returns Policy & Warranties Orders may be cancelled if prior arrangements are made. Goods will be held until confirmation of the order is received. A cancellation fee may apply. Goods returned for credit will not be accepted without prior authorization.
Variation of the Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
Warranties and Liability
(a) All express or implied warranties, representations, statements, terms and conditions relating to these Terms and Conditions or the Website that are not contained in these Terms and Conditions, are excluded to the maximum extent permitted by law.
(b) In particular, and without limiting paragraph
(i), while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website or the server from which it operates are free of viruses or other harmful components.
(ii) We cannot be responsible for any loss, corruption or interception of data sent to or from our Website that occurs outside of our computer systems (such as those that occur while being sent over the Internet).
(c) Nothing in these Terms and Conditions excludes, restricts or modifies any term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Australian Trade Practices Act 1974 and corresponding provisions of Australian state or territory legislation, which contain provisions including implied conditions and warranties which operate to protect the purchasers of goods and services in various circumstances.
(d) Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms and Conditions or the Website, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to AUD$100. In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied terms, conditions or warranties referred to above.
(e) Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(f) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
Changes To Terms
These terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from The Gastronaut Fine Foods.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.