Terms & Conditions
Last updated: 28 May 2020
On The Devil's Own Ice Creamery website ("the Site") you can browse, select and order products advertised on the Site by The Devil's Own (ABN 29 792 662 543) ("The Devil's Own", "us" or "we").
Please read these terms and conditions before accessing or using the Site.
Your access to and use of the Site, including your order of products through the Site, is subject to these terms and conditions.
You must be over 18 years of age to purchase items on the Site.
2. Agreement to the terms and conditions
You can register an online account with us before placing an order for products through the Site.
You may update, edit or terminate your account at any time through the Site.
If you place an order for products through the Site, you agree that we may contact you via email, SMS and/or telephone to confirm your order and advise progress of your order.
When registering an online account with us, you have the choice to opt in to receive newsletters via email from us. You may opt out of receiving newsletters at any time, by using the unsubscribe facility in the footer of any newsletter you receive or via your online account.
5. Placing an order for products
You may order products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site.
6. Acceptance or rejection of an order
We reserve the right to accept or reject your order for any reason, including if the requested product is not available, if there is an error in the price or the product description posted on the Site or an error in your order.
Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.
If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
7. Delivery of products
We will only deliver products ordered through the Site to a location within our delivery area defined on our Delivery Information page.
If you select to have your order delivered during the check-out process on the Site and the delivery address is in our delivery area, we will contact you to confirm the delivery date and time.
If you select to have your order delivered during the check-out process on the Site and the delivery address is not in our delivery area, we will cancel the order and notify you.
8. Pick up service
If you select the pick up option during the check-out process on the Site, the products you order may be picked up from our store at Hazelbrae Hazelnuts, Hagley. We will contact you to confirm when your products are available to pick up.
9. Cancelling an order
We may cancel any order or part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time.
You may cancel or amend an order by contacting us.
10. Price variation
Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.
11. Payment methods
To complete the placement of your order on the Site yYou must pay the fees and charges online using the online payment gateway operated by Square AU Pty Ltd (ABN 38 167 106 176, AFSL 513929).
We accept the following credit cards:
(a) Visa and Visa Debit;
(b) MasterCard and MasterCard Debit;
(c) American Express;
If we are unable to successfully process your payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
Gift vouchers are non-refundable.
If you are not satisfied with a product purchased from this Site, please contact us.
13. Your general obligations
(a) must ensure that your account access details for the Site are kept in a safe and secure manner;
(b) must notify us if you are or become aware that there is or has been an unauthorised use of your account access details, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(e) are responsible and liable for any person that uses your account access details to order product(s) through the Site; and
(f) agree that we may charge you for all products that we agree to supply to you that have been ordered using your account access details through the Site
14. General restrictions
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
15. Suspension of account
We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. The Devil's Own also reserves the right to otherwise cancel orders.
If we lock, suspend or delete your account, then we will refund all credits that you are entitled to receive under these terms and conditions to your nominated ban account once we have conducted all our verification and other relevant checks.
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the products at the delivery address or collecting the products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied;
(b) you fail to the remedy the breach within 7 days of our notice to you of that breach; or
(c) if there is an emergency.
You may stop using the Site at any time and for any reason.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
19. Intellectual property rights
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and materials; and
(b) print hard copies of the content and materials for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.
20. Links to other websites
The Site may contain links to external websites that are not operated by us.
These links are provided for your convenience only and you agree that we make no representations or warranties, or have any responsibility or liability for those websites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
21. Changes to these terms and conditions
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
If you have an order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
22. Accuracy of information
The Devil's Own attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
23. Governing law
This agreement is governed by the laws of Tasmania, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.