Terms and conditions
Last Updated: December 2023
Please find our Terms and Conditions below. If you have any questions, please Contact us
This is an agreement between the customer (You) and Daniel Gracie Pty Ltd ATF Simons Family Trust T/A Martin Street Coffee Roasters (ABN 9312005954), setting out the terms and conditions in accessing the Martin Street Coffee website (the Website), and purchasing products from the Website.
In this Agreement,
Australian Consumer Law means Schedule 2 The Australian Consumer Law, of the Competition and Consumer Act 2010 (Cth).
Good(s) means the product(s) ordered by you from the Website.
GST means the same as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Price means the price of the Goods as displayed on the Website, and as varied by Martin Street Coffee from time to time.
Registration Form means the form you must complete in order to register as a member to the Website.
Martin Street Coffee, Us or We means Martin Street Coffee.
1. GENERAL
1.1. Your use of the Website, and the purchase or request for any products and / or services through / from the Website, is subject to these terms and conditions of use (Terms of Use).
1.2. By completing your registration through the Website, and using the Website to purchase products and / or request services or information from us, or otherwise using and accessing the Website, you agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, please do not use the Website.
2. PLACING ORDERS, ACCEPTANCE OR REJECTION
2.1. You may place an order for Goods or services by completing an electronic order / request through the Website. Only members can only access special promotions & order and purchase the subject Goods through the Website.
2.2. You acknowledge that Goods on the Website are available for purchase only within Australia (or within nominated states of Australia, as elected by Martin Street Coffee from time to time), at Martin Street Coffee’s discretion. International delivery / purchase can only be made on an order by order request - refer to Deliveries and Returns Policy for details.
2.3. In order to purchase Goods from the Website, the delivery address you nominate must be within a suburb where Martin Street Coffee provides delivery (in Martin Street Coffee’s absolute discretion). At any time, if an order contains a delivery address and suburb that are not within Martin Street Coffee’s delivery area, the order will not be processed.
2.4. You warrant that the information provided in the details of your order are accurate and complete. You acknowledge that you may be asked to confirm your order details, when placing an order. Martin Street Coffee cannot and will not be held responsible for inaccurate details and / or items being sent to the incorrect address / location.
2.5. Your order becomes effective upon successful transmission after you press “Submit Payment” on the Website. You cannot cancel, or otherwise change the order after that time. You will receive an email confirming the placement of your order, to your nominated email address.
2.6. We reserve the right to accept or reject any order placed by you for any reason, including but not limited to the unavailability of Goods, and error in the Price of the Goods or price / order placed due to or an error in any pricing and / or offer in your order. Martin Street Coffee will have been deemed to accept any order if Martin Street Coffee fails to reject an order within 5 business days of the receipt of the order.
2.7. If we reject an order, we will notify you within a reasonable amount of time, and will arrange for a full refund of any payment made by you within a reasonable amount of time.
2.8. You acknowledge that you are not permitted to purchase any Goods from the Website for resale to a third party or for trade purposes. If Martin Street Coffee is concerned with the quantity of product within an order, we may contact you after you submit your order, and you acknowledge that Martin Street Coffee may reject your order in accordance with clauses 3.5 and 3.6 above. In the case of a quantity concern, we may contact you to ascertain if a wholesale account is more suitable.
4. PAYMENTS
4.1. You must pay for the order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.
4.2. If we cannot accept payment from your credit card the order will not be processed and you will not be contacted.
4.3. You authorise Martin Street Coffee to debit the amount that is payable for your order from your nominated credit card.
4.4. You must not pay, or attempt to pay, for the Goods through fraudulent or unlawful means.
4.5. You will receive a tax invoice by email once payment in respect of your order has been processed.
5. PRICE
5.1. Prices shown on the Website are in Australian Dollars and include GST where applicable. You may also be charged a delivery fee (which may also include GST where applicable).
5.2. Prices are subject to change, in Martin Street Coffee’s absolute discretion, and without notice to you.
6. RISK, TITLE, DELIVERY
6.1. Title and risk in the Goods passes to you on delivery.
6.2. Your order will be delivered via Australia Post’s standard delivery service. Our delivery terms are stated within our Ordering, Payment and Delivery Policy, as published on this Website. That policy is incorporated into this Terms of Use, and may be changed from time to time without notice to you.
6.3. You may be charged a delivery fee, as set out in our Delivery Policy.
7. AVAILABILITY OF GOODS
7.1. You acknowledge and agree that the Goods on the Website may be out of stock or unavailable, and Martin Street Coffee will not be able to fulfil your order or part of your order. Martin Street Coffee may elect to contact you within five (5) business days to either arrange a full or partial refund, or change your order to replace a particular item with another good, as agreed by you, or in accordance with some other arrangement agreeable to you. Otherwise, Martin Street Coffee will, at its discretion, cancel your order and arrange a full refund for any Good unavailable, with notice to you.
7.2. We reserve the right to withdraw or otherwise suspend any Good on the Website, either temporarily or permanently, at any time and without notice to you.
8. RETURNS POLICY AND REFUNDS
8.1. Martin Street Coffee’s Delivery and Returns Policy applies to all purchases of Goods, and forms part of these Terms of Use. That policy may be changed from time to time without notice to you. Our Delivery and Returns Policy Policy is in addition to, but does not affect, any rights you are entitled to under Australian Consumer Law.
8.2. Any refunds of Goods, in the circumstances provided under these Terms of Use or otherwise under your rights under Australian Consumer Law, will be credited to the card you nominated in your order.
9. WARRANTY AND LIABILITY
9.1. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
9.2. Subject to your rights under the Australian Consumer law which cannot be excluded, to the fullest extent permitted by law:
9.2.1. We exclude all implied terms and warranties whether statutory or otherwise, relating to the Website, Goods or the subject matter of this Agreement;
9.2.2. We exclude and disclaim all warranties, express or implied as to the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites,
9.2.3. Any liability of Martin Street Coffee in relation to a breach by us of any express or implied warranties in respect of the Goods, will be limited at our election to the replacement of the Goods, or supplying equivalent Goods;
9.2.4. We are not liable under to you for any indirect, special, economic or consequential loss or damage, or any loss of revenue, profits, goodwill, data, opportunities or anticipated savings, arising out of or in connection with this Website, these Terms of Use or with your use or access of the Website (including the installation, downloading, use or performance of any software related to the Website)
9.2.5. Our liability to you for loss or damage of any kind arising out of these Terms of Use will be reduced or limited to the extend (if any) that you cause or contribute to the loss or damage.
9.3. In addition to the matters set out in 9.2, Martin Street Coffee does not warrant or make a representation that
9.3.1. the Website, or the server that makes the site available on the World Wide Web (WWW) are free of software viruses;
9.3.2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
9.3.3. errors and defects in the Website will be corrected.
9.4. In addition to the matter set out in 9.2, to the extent permitted by law, Martin Street Coffee is not liable to you for:
9.4.1. errors or omissions in the Website, or linked sites.
9.4.2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
9.4.3. defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
10. INTELLECTUAL PROPERTY
10.1. You acknowledge that the copyright in the material on the Website is owned by Martin Street Coffee, or licensed to Martin Street Coffee.
10.2. You may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
10.3. Save for the permitted uses at 10.2, you must not use the Website or the material on the Website for any other purpose. This includes, without limitation,
10.3.1. the reproduction of the material in any material form;
10.3.2. the distribution of the material in any material form;
10.3.3. re-transmission of the material by any medium of communication;
10.3.4. uploading and/or reposting the material to any other site on the World Wide Web;
10.3.5. “framing” the material on the Website with other material on any other World Wide Web site.
10.4. All trade marks displayed on this site are either owned or used under license by Martin Street Coffee. You must not use any of the marks or trademarks appearing on this Website, without our prior written consent.
10.5. We reserve the right to make any changes and corrections to this Website as and when we consider it appropriate and without notice.
11. YOUR USE OF THE WEBSITE
11.1. In addition to any of your other obligations set out in these Terms of Use, you acknowledge and agree that you must not:
11.1.1. Use the site for any activities that breach any laws, infringe any third party’s rights,
11.1.2. tamper with or hinder the operation of the Website;
11.1.3. knowingly transmit any viruses, worms, defects, Trojan horses, or similar disabling and malicious code to the Website;
11.1.4. modify, adapt or reverse engineer any portion of the website,
11.1.5. use the Website in any manner or way, which interferes with the use of any other use or customer, or defames, harasses, threatens or offends any person, or prevents any other person from using or enjoying the Website;
11.1.6. make fraudulent or speculative enquiries, purchases or requests through the Website;
11.1.7. use the Site to violate the security of any computer or network or engage in any illegal conduct;
11.1.8. use the Site other than in accordance with these Terms of Use, or copy and re-use any published information, including images.
11.1.9. attempt any of the above acts or engage or permit another person to do any of the above acts.
12. THIRD PARTY WEBSITES
12.1. The Website contains links to sites on the World Wide Web owned and operated by third parties and which are not under the control of the Owner.
12.2. In relation to the other sites on the World Wide Web, which are linked to the Website, Martin Street Coffee:
12.2.1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
12.2.2. is not responsible for the material contained on those linked sites.
13. TERMINATION
13.1. Martin Street Coffee may immediately terminate your access to and use of the Website (and cancel your membership of the Website), at any time, with notice to you, and for any reason whatsoever, including but not limited to a breach or suspected breach of these Terms of Use, or have otherwise attempted to use the Website in an unlawful or fraudulent manner.
13.2. If Martin Street Coffee effects a termination in accordance with 12.1, any orders which have been accepted will not be affected, and will be supplied to you in accordance with these Terms of Use.
13.3. You may terminate an account with the Website at any time, and without notice to Martin Street Coffee.
14. PRIVACY POLICY
14.1. Our Privacy Policy, outlined and available on this website, deals with the way in which your personal information is collected and managed. Our Privacy Policy forms part of these Terms of Use.
15. MISCELLANEOUS
15.1. Martin Street Coffee may provide you notice by electronic mail (email), to your nominated account email address. An email sent by a party it will be deemed to be received by the other party at the time that it is sent provided no error message is received (unless sent outside of normal business hours, in which case it will be deemed to be received at the beginning of the next business day).
15.2. Martin Street Coffee may amend or vary the terms and conditions of this Terms of Use, at any time. We recommend that you read the Terms of Use prior to each order you place.
15.3. Martin Street Coffee reserves the right to cancel your membership at any time, without notice, for any reason whatsoever, including but not limited to a breach or suspected breach of these Terms of Use, or have otherwise attempted to use the site in an unlawful or fraudulent manner.
15.4. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
15.5. The laws of New South Wales govern this Agreement, and the parties agree to submit to the jurisdiction of the courts of New South Wales.
16. SUBSCRIBE & SAVE TERMS AND CONDITIONS
16.1. By subscribing to any of our “COFFEE SUBSCRIPTION” services, you acknowledge that you agree to our Terms and Conditions.
16.2. Stock is subject to availability.
16.3. Upon subscribing to the service, your order will be generated following your initial subscription weekly, fortnightly or monthly, and delivery of the order will be subject to the ‘Ordering, Payment and Deliveries’ Policy.
16.4. If you change address during the term of your subscription, you can do this via your account and it will take effect within twenty-four hours. If you have not changed your address before the following order is generated then we shall not be liable to you in the event that you fail to receive your order and no refund shall be provided.
16.5. Continuous - our subscriptions offer a range of delivery options, being weekly, fortnightly or monthly subscription delivered, your subscription is continuous until cancelled. You may modify, pause r change plan anytime by contacting us.
16.6. Any weekly, fortnightly or monthly subscription with a minimum term (offered from time to time) where cancelled before the subscription expiration is not eligible for a refund and the balance of fees are changed in full upon cancellation. Where Martin Street Coffee proved free on loan equipment at the time of purchase and / or at a future time, we advise that our interest in the equipment will be registered on the Personal Property Securities Register (PPSR).
16.7. The above policy does not affect your statutory rights.
16.8. We reserve the right to cancel your subscription at any time as a result of any breach of these Terms. We also reserve the right at our absolute discretion to cancel and/or change a “COFFEE SUBSCRIPTION” subscription service, including pricing, due to changes in the commodity changes in the cost of coffee.
16.9 Our coffee roastery in Blackwood Victoria has a factory door which is open to the public most weekdays (excluding public holidays) between 10am and 3pm. We keep the trading hours of the factory door up to date on Google. There are times when the factory door is closed due to normal operational aspects of running a coffee roastery. These are but not limited to making deliveries, picking up raw beans from the docks, driving trains and / or serving equipment located at whole customer locations. The factory door is an opportunity to experience the sight, sounds and aromatics of a working coffee rotary. Visitor can sample the range of products and make factory direct purchases. There is no Menu or customer seating - this is a factory door. There’s no cafe on site. All customers visiting the factory door and making a purchase of $20 or more are offered a complimentary take away beverage. One free beverage per person / per sale. Beverage is of customer choice from our range and could be a coffee, hot chocolate, cascara tea of or chai. Only dairy and soy milk are available.