ETXE PTY LTD t/a LE PETIT MARCHE
Please read these terms and conditions carefully before using the website operated by Etxe Pty Limited trading as Le Petit Marche (‘we’ or ‘us’). We provide You with an on-line shopping service whereby You may purchase Products from us, subject to the following Terms and Conditions of Sale (“Conditions”). The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and Your use of the website following any amendments will represent Your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time You access our website You read these terms and conditions.
1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, You acknowledge that You are over 18 years of age. It is an offence to sell or supply to or obtain liquor on behalf of a person under the age of 18 years.
2. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our prices can be accessed from each Product Page and we reserve the right to amend our prices at any time. If You have placed an order and we do not have sufficient stock to full Your order, we reserve the right to cancel Your order should our prices change.
3. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
5. To order a Product You will need to follow the ordering procedures set out on our order page. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our website.
6. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, You acknowledge that You are over 18 years of age. It is an offence to sell or supply to or obtain liquor on behalf of a person under the age of 18 years.
7. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
8. Packaging and postage is an additional charge, calculated at time of purchase.
9. When You order from us, we require You to provide Your name, address for delivery, Your email address, telephone contact and payment details. We undertake to take due care with this information; however in providing us with such information You accept that we are not liable for its misuse due to error in transmission or virus or malware.
10. You undertake that all details You provide to us for the purpose of purchasing Products which may be offered by us on our website will be correct, that the payment details, which You use is Your own and that there are sufficient funds or credit facilities to cover the cost of any ordered Products.
11. You will be charged for any Products ordered, at the prices shown on the price list current at the date of placing the order. We are not bound by, nor responsible for any typographical errors in the current price list or any other documents published by us on our Website.
12. The prices advertised in the price lists, or in any other documents on the Website, apply only to orders placed. Price lists, products and product availability are subject to change without notice.
13. All documents issued by us and posted on our Website, including price lists, are in Australian dollars (AUD) and are inclusive of GST unless otherwise expressly stated. All payments by You to us must be made in Australian currency (AUD).
14. We undertake to accept or reject Your order within Seven (7) days. If we have not responded to You within Seven (7) days, Your offer is deemed to be rejected. We are not required to give reasons for rejecting Your offer to purchase however the most likely reason for rejecting Your offer will be that we do not currently have that product in stock.
15. Once You have submitted an order, You may not cancel that order even if our acceptance or rejection of Your offer is still pending.
16. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
17. If You purchase products from Us through the Site, You warrant to us that:
• You are over the age of 18 years; and
• any person that You are obtaining the products for, or supply the products to, is over the age of 18 years.
18. Wine will be delivered to the address specified by You at the time of order. A person over 18 years of age must accept and sign for the wine.
19. If You are not in attendance when delivery is attempted, the consignment will be delivered to Your local post office to await collection. A card will be left at Your property to advise You of the collection point. Any consignments that are not collected within 5 business days are at risk of being returned to sender.
20. If the person in attendance at the delivery address is considered by the delivery driver to be under 18 years of age, proof of age will be requested. If suitable proof of age cannot be produced, the person will be advised that the parcel will be returned to a post office and can be collected on the production of proof of age identification. A delivery notification card will be provided.
Delivery & Freight
21. Delivery of Your ordered product/s will be as set out on our website.
22. We will use all reasonable efforts to deliver Products for accepted orders to the address specified by You at the time of order, on or before any estimated date, but we do not represent or warrant that we will do so. We do not accept liability, whether for direct, indirect or consequential loss or damage, arising due to any delay in delivery of the Products or any failure to deliver the Products ordered by You for whatever reason.
23. It is Your responsibility to check the quantity, quality and description of the Products delivered against the details on the invoice. If there is any difference in quantity, quality or description of the Products delivered, You must notify us at firstname.lastname@example.org within 48 hours from the time of delivery or collection by You (whichever is the later). If notice is not given within 48 hours, the Products actually delivered shall be deemed to be in accordance with the invoice and You shall not be entitled to make any claim or take any action in relation to any alleged deficiency or irregularity in the Products after that time.
Risk & Title
24. Ownership of the Products shall remain with us and we reserve the right to dispose of the Products until such time as payment in full is made for all amounts owing by You to us. The risk in the Products purchased will, unless otherwise agreed by us in writing, pass to You upon delivery to a carrier commissioned by us to deliver the Products.
25. Unless otherwise agreed by us in its absolute discretion, all Products are sold on a no return for credit basis, unless;
• Subject to this clause, the Products are received in a damaged state; or
• the Products are supplied in the incorrect quantity;
• incorrect Products are supplied to You; or
• the Products are faulty.
26. If the Product delivered is not what You ordered (including any replacement Products), or does not correspond with its description or the Product delivered is not of a satisfactory quality, we will, at our option, deliver to You a replacement Product or refund to You the price paid.
27. Claims for credit must be made within 24 hours of receipt or collection of the Products by You, confirmation of claim can be done either by phone call on 02 9979 2464 or email at email@example.com, failing which any such claims are deemed to be waived.
28. In the event that we agree to the return of the Products for credit, You will be notified of the appropriate procedure to be complied with to return the Products.
29. Delivery costs (including packaging and handling fees) are not refundable. We reserve the right to refuse a return if the product(s) have been used, worn, soiled or damaged.
30. You must arrange for and pay the costs of returning the Products to us at Your risk. While in Your possession, You must keep any Products You intend to return to us in good condition.
31. If You are entitled to a refund from us, we will pay as soon as possible, but in any event within 30 days.
32. When You visit our website, we give You a limited licence to access and use our information for personal use.
33. You are permitted to download a copy of the information on this website to Your computer for Your personal use only provided that You do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
34. Except as permitted under the Copyright Act 1968 (Cth), You are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
35. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit You to metatag or mirror our website without our prior written permission. We reserve the right to serve You with notice if we become aware of Your metatag or mirroring of our website.
36. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
37. Linking our website is not permitted. We reserve the right to serve You with notice if we become aware of such linking.
Intellectual Property Rights
38. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
39. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license You to use those marks in any commercial way without our prior written permission.
40. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
41. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
42. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to Your computer system which arises in connection with Your use of our website or any linked website.
Limitation of Liability
43. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
44. We accept no liability for any loss whatsoever including consequential loss suffered by You arising from services and/or product/s we have supplied.
45. In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), including death or injury to Your pet, however caused, even if foreseeable. In circumstances where You suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person.
46. If a Force Majeure event causing delay continues for more than Twenty-One (21), we may terminate this Agreement by giving at least Seven (7) Notice to You. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
47. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and You agree to submit to the jurisdiction of those Courts.
48. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.