Terms & Conditions
of Use


ABOUT THESE TERMS AND CONDITIONS

All and any subsidiary websites owned by Butterbing Cookie Sandwiches (ABN 14 828 574 754) are considered to have the following terms and conditions. All domain names owned and operated by Butterbing Cookie Sandwiches are known as “Butterbing website” and may be referred to below as “this site”. Please read the terms and conditions as they apply to your use of this site and its products and services. In these Terms and Conditions which may be referred to below as “terms”, “we” and “us” mean Butterbing Cookie Sandwiches – ABN 14 828 574 754 of 98 Doveton Avenue, Eumemmerring, Victoria, 3177, Australia. Phone number is 1300 796 652, email is accounts@butterbing.com.au and “you” and “your” mean you the customer. When you access or use the Butterbing website you agree to be bound by the current Terms and Conditions of Use. Any failure on the user’s part to read the terms may result in your acceptance of an agreement to use without an awareness of the terms and conditions of use. Butterbing Cookie Sandwiches may revise the terms and conditions from time to time. We may notify you about any changes by posting an updated version on this site. These Terms and Conditions together with your order constitute the entire Contract between you and us for the supply of products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event. These Terms and Conditions can and will be relied upon in any proceedings in a Court or Tribunal of competent jurisdiction seeking to recover any monies outstanding and due and payment to us.


Legal Capacity to Transact

If you are under the age eighteen (18) years, you cannot place orders with this site. You may contact us directly to enquire about other means of purchasing Butterbing Cookie Sandwiches products and services. By accepting these Terms and Conditions, you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years. Should Butterbing Cookie Sandwiches suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Butterbing website. When you provide User Information to this site, you are representing and warranting that all the information provided is true and correct and agree to indemnify Butterbing Cookie Sandwiches for any losses, costs, expenses or damages that Butterbing Cookie Sandwiches may suffer if any of this information is not correct.


We may contact you

When you access or use the Butterbing website you agree that we may contact you (including by email, SMS, telephone or such other means) in relation to the delivery service, your account, any products, or your order,

any marketing or promotion which we conduct, special products or specials being offered, Butterbing Cookie Sandwiches newsletter or publications. To limit our marketing or promotional contact with you, please phone or email us.


Placing Your Order

At present, Butterbing Cookie Sandwiches only accepts orders to be shipped within Australia. You may place your order by filling in the order forms on this site. When you place your order, we will issue you with an order confirmation. We will do this by email. By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions of Use. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your order after payment is received, we will contact you by email or telephone. Butterbing Cookie Sandwiches reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.


Payment Methods and Processing

Butterbing Cookie Sandwiches accepts payment via Visa, MasterCard, and American Express. At no time do we record your credit card information on our site. When you purchase goods at the Butterbing website your payment details are processed securely by our payment gateway which is secured using SSL. We keep a secure record of your order details until your order is despatched in case any changes occur with your order. Orders placed on a weekend or a public holiday will not begin payment or order processing until the next business day. Business days are Monday through Friday, excluding Australian Public Holidays. Credit card payments are processed after you click the “Place Order” button. After payment is processed we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.


Please Note

If you believe your credit card has been stolen or lost and may have been fraudulently used for a purchase on this site, you should contact your card issuer for immediate compensation. We will assist with any of your bank enquiries or request for information regarding above. We may not accept credit cards issued by banks outside of Australia. In the instance of payment using a foreign credit card you may be required to provide further identification for additional security reference checks.


GST

All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the invoice.


Prices

Butterbing website reserves the right to change prices of products and services, delivery and other charges on this site. Prices and services are current at the time of listing. Butterbing Cookie Sandwiches reserves the right to change any of these details at any time subject to availability.


SUPPLY OF PRODUCTS

Subject to these Terms and Conditions of Use, we will supply to you the products indicated on your order confirmation. Whilst we make every effort to ensure availability of all products shown on this site, at any one time there may be some items unavailable. If a purchase of an unavailable item is made, the purchaser will be contacted and offered the choice of a full refund or to choose another product of equal value.


RETURN & REFUNDS POLICY

Butterbing Cookie Sandwiches takes every endeavour to ensure that your purchase arrives on your specified day and in good condition. Due to the perishable nature of our products, we can not accommodate returns and refunds will be subject to the reasons as set out below.

If we are in error and deliver a product other than what was ordered online, please contact us by email or phone within 6 hours of receiving the delivery. We’ll arrange for the delivery of the correct order to be sent to the same delivery address at no additional cost. Butterbing Cookie Sandwiches is proud to offer our customers quality products however in an unlikely instance that a product delivered is in some way faulty or damaged through the conduct of Butterbing Cookie Sandwiches, we will replace the product at no additional expense to the purchaser. Contact us by phone or email in any such instances. Due to the perishable nature of our products we do not require the original order to be returned.

If you are in error, Butterbing Cookie Sandwiches is not able exchange or refund products that have been ordered incorrectly or if you have a change of mind about the type of product chosen for any reason. If you change your address and fail to update your details on this site, you will be liable for the Butterbing Cookie Sandwiches products being delivered to the incorrect address. Butterbing Cookie Sandwiches will not be responsible for any delays in delivery that fall outside the control of Butterbing Cookie Sandwiches or its employees.

Whilst every care is taken under Butterbing Cookie Sandwiches’ control, situations occur outside of our control. If neither party is in error when there is a problem with your delivery or non-arrival of an ordered product, there are a number of resolutions depending on your particular situation. Our couriers will endeavour to supply you with the product you have ordered from us in the condition that the goods were dispatched. However, on occasion goods may be damaged in transit to you. If this occurs, please either contact us by phone or email. If you find that the goods were damaged in transit or were faulty in some manner, please contact us within 6 hours of receiving the goods. Please provide images of the damage or defect by email and as part of our commitment to excellent customer service, we will arrange a delivery of a replacement product at no cost to you.


General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Butterbing Cookie Sandwiches. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in Butterbing Cookie Sandwiches for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Butterbing Cookie Sandwiches, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Butterbing Cookie Sandwiches reserves the right to change the Terms and Conditions of sale at any time. Butterbing Cookie Sandwiches employee or agent has the authority to vary any of the Terms and Conditions governing any sale. Butterbing Cookie Sandwiches reserves the right to accept or reject your offer for any reason, including without limitation the unavailability of any product, an error in pricing or product description posted on this site, or an error in your order. You agree that we are not responsible for a product or service not corresponding with the description or to your requirements. We reserve the right to remove and or prohibit links at any time, and you agree to remove or cease any link upon our request to you. Your failure to comply with our request may lead to us cancelling your user privileges without further notice or reimbursement to you. You must not transmit or attempt to transmit any material to this site, which contains a virus, malicious computer code, or otherwise attempt to alter any content on this site. Butterbing Cookie Sandwiches retains the right to terminate your rights to use this site and to prosecute you to the fullest extent of the law. You consent and agree to the disclosure by Butterbing Cookie Sandwiches to any law enforcement agency operating under any jurisdiction of your true identity or other information provided by you to this site, upon being requested to do so by that law enforcement agency. Your ability to purchase products and services from this site may be terminated at any time by Butterbing Cookie Sandwiches without notice. Should you object to any of these Terms and Conditions (including future amendments), you must discontinue use of this site immediately.

SHIPPING AND DELIVERY CHARGES

Butterbing Cookie Sandwiches charges shipping based your location and third party shipping provider rates including a nominal handling fee. Shipping prices are listed on the site at time of checkout however Butterbing Cookie Sandwiches reserves the right to update shipping and delivery charges at any time without prior notice.


DELIVERY TIMES

All orders on this website are processed within 24 hours. If there are any unforeseeable delays, you will be contacted by our customer service team. Orders will be shipped to you using Australia Post, or where more appropriate, a Courier Service of our choosing. These are both independent courier companies. Where possible, we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 10.00am and 4.00 pm. If no one is present to accept delivery, the package will be left at the front door unless you otherwise advise us in writing. We will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options.


PLEASE NOTE

If you require a fully insured postal service that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. A charge will be payable for this service.

Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us. Title and risk of loss to all products will pass to you on delivery. Butterbing Cookie Sandwiches will not be responsible for any delays in delivery that fall outside the control of Butterbing Cookie Sandwiches or its employees.


Force Majeure

Butterbing Cookie Sandwiches shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Butterbing Cookie Sandwiches, we shall be entitled to a reasonable extension of time for the performance of such obligations.


GOVERNING LAW

You agree that these Terms and Conditions of Use 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 and you agree to voluntarily submit yourself to this jurisdiction if necessary.


COPYRIGHT

The Butterbing website and the components included in this website are protected by copyright and trademark law. All intellectual property rights in the Butterbing website remain property of Butterbing Cookie Sandwiches and must not be copied by you in any way. You agree not to reproduce, transmit or store any part of this website in electronic form. The exceptions are that you may print or download to your hard drive, or bookmark on your local computer, extracts from this site for your personal use only. Regarding any content other than owned by Butterbing Cookie Sandwiches, their respective owners copyright all names, trademarks and logos featured on this site.


Promotions

Butterbing Cookie Sandwiches will offer promotions from time to time and you will be registered as a member of the Butterbing Cookie Sandwiches Newsletter when purchasing from this website.

Butterbing Cookie Sandwiches reserves the right to cancel or suspend promotions or discounts of any kind at any time without notice.


Limitation of Liability

Information on this Butterbing website is provided ‘as is’ and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose. While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website. We reserve the right to amend or supplement the information supplied on this website without prior notice. Whilst Butterbing Cookie Sandwiches takes due care to ensure that all links to or from the pages of this site are of suitable content, you agree that links available on this site may link to websites not maintained or controlled by us and that we provide these links for your convenience and are not responsible for their content. This also applies to any links to which this website refers, whether directly or indirectly. You agree to indemnify Butterbing Cookie Sandwiches against any loss, damage or injury caused by, or related to, the use of any information contained on this website at any time and agree that no warranty is provided of any kind. We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website. You agree to indemnify Butterbing Cookie Sandwiches against any mis-description whatsoever or failure of the website, browsers, or products or services contained on the website to correspond to your requirements, howsoever caused even where caused by our negligence and to all costs, expensed and damages incurred in connection with any claim brought by you or a third party against us, arising out of your relationship with us on this site. In no circumstances will Butterbing Cookie Sandwiches be liable for any losses or damages whatsoever from the use of, or dependence of the Butterbing website. Butterbing Cookie Sandwiches excluded all liability (including negligence) to you or anyone else in respect of any loss or any type of damage arising from or in connection with any use of information on a access through the Butterbing website. You agree that you provide the equipment (hardware, software & browser) to access the internet and this site and that we bear no responsibility or liability for these, including where we may have been negligent.

We have a privacy policy (see Privacy Policy) and you agree to the use of your personal information in accordance with the uses contemplated by this Policy. If any of these terms is deemed invalid for any reason, the remaining provisions will remain in full force and effect.


REFUND POLICY

We do not provide cash refund or refund onto credit or debit card, however we credit in the form of replacement product and due to the perishable nature of our products, such credit in the form of replacement product will only be provided in the event of a non-arrival or damaged stock on arrival. Please email us with the details of any occurrence.


Disclaimer

The information provided on this site is for use of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific professional advice. No responsibility for loss occasioned to any persons acting on or refraining from action as a result of any material in this publication can be accepted. You are advised that content may include technical inaccuracies or typographical errors. We will rectify these immediately should you bring them to our attention and would be most grateful to you. Please confirm any pertinent facts or any further specific details with us by email or phone and we will be pleased to confirm any particulars. Butterbing Cookie Sandwiches will not be held responsible for any loss, damage or injury caused by, or related to, the use of any information contained on this website or arising from supply issues or our service to you or the purchase of our products at any time. In any event, including the event that any obligation on our part is implied into these conditions by law, then our liability is limited to the value of the goods that you have purchased. We give no warranty and make no representation, express or implied, as to the adequacy or appropriateness of the products for your purpose, any implied warranty or condition as to, suitability of the products for a purpose other than that for which the products are commonly used. Whether this site will be compatible with your equipment, software or network connection.

Butterbing Cookie Sandwiches will endeavour to ensure that any site linked to or from the pages of this site will be of suitable content, but is not responsible for the content of these external sites. Butterbing Cookie Sandwiches is not liable for any breach of our obligations resulting from causes beyond our reasonable control.