When you purchase any Products from Sara Crave (ABN 44 122 259 732) using saracrave.com.au (Site), in addition to the Terms of Use, you agree to abide by the following Terms of Supply relating to the sale of our products (Terms of Supply).
ORDERS
Acceptance of Orders
You warrant that all information you supply to us at the time of placing an order for products that are offered for sale by us through the Site and in connection with an Order made using the Site, is true and correct.
By placing an Order you are offering to purchase a product on, and subject to the following Terms of Supply.
Your receipt of an order confirmation does not indicate our acceptance of your Order and it does not confirm our offer to sell. Sara Crave has the right to accept or decline your Order at any time after receipt of your Order. All Orders placed must obtain pre-approval with an acceptable method of payment of Sara Crave. We may require additional verifications or information before accepting any Order.
Sara Crave reserves the right to refuse any Order without giving reason. If we cancel an Order, we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method of payment received.
CURRENCY USED
On the web site the nominated currency used for all transactions is Australian Dollars (AUD$).
All prices displayed will be in AUD$ and be inclusive of GST (Australian domestic Goods and Services Tax).
GST (Australian domestic Goods and Services Tax).
All Australian domestic customers and deliveries sent to Australian delivery addresses will be subject to Australian GST.
The rate of Australian GST is 10%.
When Australian goods are exported (sent to a delivery address outside Australia) then the GST component of the price will be removed and the export price will be exclusive of GST.
PRICING
Sara Crave reserves the right to change prices without notice.
ERRORS
We may correct any errors which appear on the Web Site and reject any Orders which have been received in connection with such errors.
Sara Crave has the right to refuse or cancel any Orders placed for Products listed at the incorrect price.
Sara Crave’s right to refuse or cancel any Orders will apply whether or not the Order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your Order is cancelled, Sara Crave will immediately issue a credit to your credit card account in the amount of the charge.
CHANGE OF ADDRESS
Sara Crave cannot be held responsible for an incorrect address being entered on your Order. If you complete your Order and then notice that the address details are incorrect, please contact Sara Crave immediately.
ACCEPTANCE OF GOODS
On receiving the order the customer is responsible for inspecting the goods for fault or damage.
Should the items ordered not be of acceptable quality, it is the customer’s responsibility to notify Sara Crave, as soon as possible. Please see Returns Policy for more information.
GIFT CARDS
Sara Crave may from time to time make Gift Cards available on the website.
Gift Cards are treated by Sara Crave as a financial instrument for payment for goods and services and operate on a deposit/withdrawal system as per industry standard practices. This means that Sara Crave Gift Cards are provided as a free service to customers and do not constitute a purchase of goods and do not contribute toward the calculation of shipping costs or discounts.
Sara Crave Gift Cards are not considered as goods or services with a retail price and therefore:
They do not include GST;
They cannot be discounted and are not subject to any discounts.
DISCOUNT CODES
Account discount codes may be offered to account holders from time to time. These discount codes are only redeemable by the registered account holder and are only available for use until the lapse of the expiry date of those discount codes.
Promotional discount codes may be offered from time to time on certain products. These discount codes will be available for a limited amount of time only.
The entire amount of any discount code must be used in one single transaction. Refunds will not be given for any leftover value. Discount codes do not cover the cost of shipping or any applicable taxation such as GST, VAT or similar taxes imposed by government on the purchase of goods in certain countries including Australia.
PAYMENT
You must pay Sara Crave for the Products at the time of placing your order using the Site. Sara Crave accepts Paypal, Visa, MasterCard and AMEX. You must comply with the terms and conditions of these providers.
If you elect to pay by Paypal, Visa, MasterCard or AMEX, charging or debiting of your account or payment card will only be made when you elect to pay for the items you have ordered at the end of the check-out. Prior to this step, your order will not be recorded or processed.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to full fill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. If the issuer of your payment card refuses to, or does not authorise payment for any reason, then you will be notified of this immediately prior to completing your purchase using the Site at the check-out stage. Your card will be debited once the order has been accepted.
Overseas Orders
You can use the currency converter in the shopping cart to get an estimate on what an order will cost you in your preferred currency, however this should be used as a guide only.
Sara Crave converts the total price of orders into other currencies as shown in the currency converter in the shopping cart. We will bill your credit or debit card account and the card company will convert the charges for you. If you have any questions about currency conversions please contact your bank or financial institution.
The actual price charged to overseas customers will be subject to the exchange rate applied by the customer's credit or debit card company, and Sara Crave provides no guarantee as to currency conversion rates.
Customs
Customers outside Australia may also be liable for any customs and import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country. Therefore we suggest that you check the requirements in your country before placing an order. We will not be liable for any custom or import duties.
SECURITY
Your credit card details are not stored by the Site, they are passed securely through Net Registry’s online payment gateway. All supplied sensitive credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database.
When placing an order, you undertake that you are an authorised user of the credit or debit cars used to place your order. If you are not the cardholder listed on the credit card, do not make a purchase using the Site. Sara Crave will report any instances of credit card fraud to the Australian Police and banking authorities.
In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud.
AUSTRALIAN CONSUMER LAW
In Australia, statutory consumer protection laws including the Competition and Consumer Act 2010 (Cth) give you rights which cannot be excluded, including consumer guarantees as to merchantability, fitness for purpose, supply by description, repairs, and title. The preceding terms of supply are subject to the rights you have under that legislation.
If Sara Crave is liable to you under the Competition and Consumer Act 2010 (Cth) or similar state legislation, to the extent to which Sara Crave is entitled to do so, Sara Crave limits its liability in respect of any claim under those provisions to: in the case of goods, at Sara Crave's option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at Sara Crave's option: the supplying of the services again; or the payment of the cost of having the services supplied again.
SARA CRAVE WEB SITE TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that, and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information and products you need and want.
Sara Crave provides the Site as a venue for people to access information, interact with us through social media channels and to place orders for products that are offered for sale by Sara Crave through the Site.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the Sara Crave www.saracrave.com.au Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Definition of Sara Crave www.saracrave.com.au
All references to Sara Crave, or Sara Crave www.saracrave.com.au are taken to include all domains owned by Sara Crave including but not limited to www.saracrave.com.au and www.saracrave.com, and including all linked social media channels
Restrictions on Use of Our Online Materials
All Online Materials on the Sara Crave www.saracrave.com.au site are Copyrighted and all rights are reserved. Text, graphics, advertisements, logos, names, trade marks, databases, HTML code, and all other intellectual property are protected by Australian and/or International Trade Mark and Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of Sara Crave www.saracrave.com.au or of other owners used with their permission. You, the visitor, may download Online Materials for non-commercial, personal use only provided you;
1) Retain all copyright, trademark and propriety notices,
2) You make no modifications to the materials,
3) You do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and
4) You do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the Sara Crave www.saracrave.com.au site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Sara Crave www.saracrave.com.au or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software files or images to you. That means that we retain full and complete title to the software, files and images, and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Sara Crave www.saracrave.com.au reserves all other rights not expressly granted.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information and content that you send to Sara Crave www.saracrave.com.au through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Sara Crave www.saracrave.com.au mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Your Content must not include anything which:
(a) You do not have the right to disclose under law or an obligation you have to a third party (such as confidentiality agreements);
(b) Reveals your or another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses;
(c) Infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or
(d) Is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal.
By submitting Your Content through the Site, and it’s connected social media sites you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive licence to use in any way, part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorise others to do so. Sara Crave, our successors, assignees and licensees may do or omit to do anything to Your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout and Australia and the world.
We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with Your Content or any User Content including without limitation any comments, images, video, opinions or statements submitted, uploaded or otherwise posted on the Site and it’s connected social media sites. We may, but have no obligation to, amend, supplement, delete or update Our Content, Your Content or any User Content, without notifying you and at our sole discretion.
Other Users may not comply with these Terms of Use and could post Content which breaches our Terms of Use. You should take care when interacting with other Users of the Sara Crave Site.
You indemnify and hold us harmless for any actions of any other User of the Sara Crave site and any dispute or claim that you may make against any other User, irrespective of whether it relates to the use of the Site.
Privacy
You may be asked to input information about yourself on different areas of the Site. If so, we will only use that information in accordance with our Privacy Policy.
Accounts and passwords
If you create an account to use any of the services or features available on this Site, you are responsible for all use of your username and/or password and must keep these details secure.
Sara Crave www.saracrave.com.au may close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) which may disrupt any of our services or is an attempt to hide the use of multiple accounts. If you use multiple logins for the possible purpose of disrupting the Site or other users you may have action taken against all of your accounts.
Limitation of Liability
To the extent permitted by law, Sara Crave www.saracrave.com.au and its directors, officers, employees, agents and contractors exclude all liability to you in connection with the Site. You indemnify and hold us harmless for any and all claims, loss or damage however arising, (whether in negligence or otherwise) in connection with:
(a) your failure to comply with these Terms of Use;
(b) your use, misuse of reliance on the Site, Our Content, User Content or Linked Sites;
(c) your Content, including its use, misuse or misappropriation; or
(d) any other acts or omissions by you.
Sara Crave www.saracrave.com.au WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). Nothing in these Terms of Use excludes any rights you have under the ACL in respect of the Site. Subject to the previous sentence, you acknowledge that your use of the Site, Our Content, Your Content, User Content and Linked Sites, is entirely at your own risk and are provided without warranty, either express or implied.
We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Site. Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Sara Crave www.saracrave.com.au-operated site or have moved to another site. Sara Crave www.saracrave.com.au is not responsible for the content or practices of third party sites that may be linked to our site. When Sara Crave www.saracrave.com.au provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Sara Crave www.saracrave.com.au is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Sara Crave www.saracrave.com.au site or endorsement, sponsorship or support of Sara Crave www.saracrave.com.au, including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Sara Crave www.saracrave.com.au Web site, along with all related documentation and all copies and installations. Sara Crave www.saracrave.com.au may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Sara Crave www.saracrave.com.au is entitled to terminate all or any part of any of its Web site without notice to you.
Force Majeure
Sara Crave www.saracrave.com.au will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
Transfer and Assignment
If Sara Crave www.saracrave.com.au merges with, sells to or otherwise changes control of its business or the Site, we may, without giving you notice or seeking your consent, transfer or assign to a third party, personal information, content and rights that Sara Crave www.saracrave.com.au has collected from you and any agreements it had made with you in connection with your use of the Site.
Waiver
The failure by Sara Crave www.saracrave.com.au to exercise or enforce any right or provision under these terms will not constitute a waiver of the right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Sara Crave www.saracrave.com.au.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of Australia, you are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Queensland, Australia as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Sara Crave www.saracrave.com.au and/or its affiliates' intellectual property rights, Sara Crave www.saracrave.com.au and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Queensland , Australia, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Brisbane Queensland. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration by an arbitrator nominated by Sara Crave at the following location: Brisbane Queensland . Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Sara Crave www.saracrave.com.au may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.