Merchandise

Starbucks Australia Terms and Conditions of Sale (Terms and Conditions)

1. Definition

In these terms and conditions:

  • Goods means any goods provided by Starbucks excluding all beverages and food.
  • Services means any services provided by Starbucks to you.
  • Starbucks means Starbucks Coffee Australia Pty Ltd trading as Starbucks and its officers, employees and agents.

You means the person purchasing Goods and or Services from Starbucks.

2. Application of Terms and Conditions

  1. Every order placed by You online with Starbucks will be governed by these Terms and Conditions. They will apply to the exclusion of all other conditions.
  2. By placing an order, You acknowledge that You have read, understood and accepted in full these Terms and Conditions.
  3. By using this website you further agree to be bound by the our Terms of Use (https://www.starbucks.com.au/Terms-of-Use.php) and Privacy Policy (https://www.starbucks.com.au/Privacy-Policy.php).
  4. Starbucks reserves the right, to vary these Terms and Conditions at any time by posting an updated version on this website. By placing an order after Starbucks has posted any new version of these Terms and Conditions, you agree to be bound by the revised version.

3. Registration and passwords

  1. When you register to use this website you must complete any mandatory information accurately and inform Starbucks if those details change by updating the information on this website.
  2. As part of the registration process you will be asked to create a password. You must keep your password strictly confidential and secure and not disclose it or share it with anyone.
  3. You must notify Starbucks immediately if you become aware or suspect that someone else may have used your password.
  4. You are responsible for use of your password and all orders placed using your password, including any unauthorised use.

4. Orders

  1. You may place orders for Goods online at https://shop.starbucks.com.au/
  2. Goods offered on the website are based on current stock held by Starbucks All orders are subject to stock availability and any maximum or minimum quantities as determined by Starbucks from time to time.
  3. Starbucks reserves the right to refuse any order in whole or in part at its absolute discretion.
  4. Once You place your order you may not cancel or make any changes to the order, including delivery address, changes to colour or quantity or removing any items.
  5. Starbucks accepts payment using Visa, MasterCard, Diners and AMEX. You cannot use Gift Cards for any on-line purchases.

5. Delivery and Receipts

  1. Starbucks will endeavour to deliver the Goods in a timely manner to the address specified in your order.
  2. Dispatch times may vary according to availability and any representations made to the delivery times are subject to any delays resulting from postal delays or force majeure for which Starbucks will not be responsible.
  3. Starbucks will not be liable for:
    1. any failure to deliver or any delay in delivering any Goods for any reason;
    2. any damage or loss due to unloading or packaging;
    3. any damage to any property caused upon entering any premises to deliver the Goods.
  4. You must reimburse Starbucks any costs incurred by Starbucks due to any failure by You to accept delivery of the Goods.
  5. Starbucks delivers only to postal addresses within Australia and international orders will not be accepted.
  6. Starbucks is unable to deliver Goods to a PO box address.
  7. Starbucks will charge You a flat fee of $9.95 for freight of the Goods unless otherwise notified to you at checkout when You place your order.

6. Returns

  1. You must check all orders upon delivery.
  2. You must notify Starbucks within 5 days of receipt of any incorrect orders. Any Goods forming part of any incorrect order must be promptly returned to Starbucks.
  3. You must notify Starbucks immediately of any Goods delivered damaged by contacting us at customerservice@starbucks.com.au or by phone 1800 787 289.
  4. All damaged Goods or incorrect orders must be returned, within 14 days of the date of purchase, to your nearest Starbucks store. The Goods must be unused, unwashed, in their original condition and packaging (with all packaging, product information and tags intact), together with a copy of the tax invoice issued by Starbucks in respect of those Goods.
  5. When the Goods are returned in accordance with these Terms and Conditions, Starbucks will at your election offer you replacement Goods of equal value or reimburse the price of the returned Goods within 14 days of receipt of the returned Goods.
  6. You cannot refuse to accept delivery of Goods merely because they are not delivered by any given date.
  7. There are no refunds or exchanges on any Goods if you simply change your mind.

7. Title and risk

  1. Title in the Goods passes to you upon payment in full for the Goods.
  2. Risk in the Goods passes to you upon delivery of the Goods to You.

8. Payment

  1. Starbucks may change the price of Goods or Services at any time without any notice to You.
  2. You must pay the price of Goods and Services current at the time of your order.
  3. Invoices are payable at the time you place your order and full payment will be processed at that time.
  4. Prices are inclusive of GST.
  5. You are responsible for all duties, taxes and clearance charges that may be levied of the Goods.
  6. If Starbucks is unable to despatch your order for any reason whatsoever, Starbucks will notify you and a refund will be processed in respect of those Goods and any freight charges associated with those Goods. Refunds may take up to 3-5 business days to process depending on your financial institution and form of payment.
  7. For any delays in processing you refund, please contact us at customerservice@starbucks.com.au or by phone on 1800 787 289.

9. Exclusions and Limitations

To the extent permitted by law, Starbucks will not be liable to you (in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.

10. Indemnity

You indemnity and will keep Starbucks indemnified against all reasonable damages, losses, cost and expenses incurred or suffered by Starbucks resulting from any breach of these Terms and Conditions or arising from your use, possession or sale of the Goods by You or by someone with your authority or permission except to the extent caused or contributed by Starbucks.

11. Warranty and Australian Consumer Law

  1. Goods sold by Starbucks come with guarantees that cannot be excluded under Australian Consumer Law.
  2. You are entitled to a replacement or refund for a major fault. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality or are not fit for its purpose and the failure does not amount to a major fault.
  3. Goods returned under consumer guarantees can be returned within a reasonable timeframe subject to proof of purchase.

12. General

  1. If You breach these Terms and Conditions, failure by Starbucks to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms and Conditions. Any waiver of any provision of these Terms and Conditions will be effective only if it is in writing and signed by Starbucks.
  2. These Terms and Conditions are governed by the laws of the State of Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the Sate of Victoria.
  3. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

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