Welcome to the Bean Bar You website. This page tells the customer (You) the terms and conditions on which Bean Bar You (We/Our/Us) supply to You the products (Products) listed on our website www.beanbaryou.com.au (the Site) via our subscription and shop services (Services). We reserve the right to amend these Terms and Conditions 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.
About Us: We are Q Inc (ACN 099 659 917) trading as Bean Bar You. We operate the website www.beanbaryou.com.au.
Service availability: Our site is only intended for use by people residing in Australia. We do not accept orders from individuals outside Australia. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.
Your status: By placing an order through Our Site, You warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old; and you are resident in Australia.
Cancellation and Suspension: You can cancel or suspend your subscription at any time – simply login to your online account and follow the steps to cancel or suspend, or email us at email@example.com. The cut-off for cancellations and suspensions is midnight on the 19th day of each month.
You can cancel an individual chocolate bar order provided it has not entered our dispatch process. We cannot give exact timings of when orders enter dispatch, however if you email us at firstname.lastname@example.org we will endeavour to help you. Once you have notified us that you are cancelling your order, any sum debited from your payment card will be re-credited to your account within 30 days of your order cancellation.
Change of details: You must promptly advise us of any changes to your information provided to us as part of the customer registration process. Changes to address details and/or delivery instructions must be received by email at email@example.com or within your online account by midnight on the 25th day of each month. Changes to payment details must be received by on the 19th day of each month. We will not be liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.
Price and payment: Product prices include applicable taxes, including any GST payable. Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page. The price of the Products, Services and our delivery charges will be as quoted on our site from time to time, except in the cases of obvious error. From time to time we may need to revise the price of its products up or down. For price variations, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing for your subscribed service to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or cancel your subscription before the new pricing plan takes effect.
Refunds policy: If you are unhappy with any product you receive from us, please contact us immediately at firstname.lastname@example.org, sending a photo of the product. We retain the right to request return of any faulty products. If the fault is agreed, a replacement product will be provided, or a full refund, including any reasonable cost incurred by you in returning the product, will be given for the returned product within 14 days. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Please do not send your product back to the manufacturer or supplier of any of the products.
Delivery: We only deliver to addresses within the Australia Post delivery network. Please note that if you live outside of the Australia Post Express Post network it may be difficult for us to deliver the product to you in a timely manner and/or good condition, and we reserve the right to charge an additional delivery fee.
We will endeavour to dispatch subscription orders on the 1st Monday of each month. Delivery is primarily through the Australia Post Express Post service. We accept no liability or responsibility for incorrectly placed orders, or for delivery details which are incorrectly supplied or you fail to supply. We recommend that you nominate a safe, cool location for delivery of your products. You will be responsible for your order from the time we deliver your products to your nominated address. We accept no liability or responsibility for any product once the product has been delivered to you. You understand that we may need to change the date of dispatch from time to time, for example due to inclement weather making delivery difficult, or public holidays. We will notify you as soon as reasonably practicable if your dispatch date changes for any reason.
Acceptance or rejection of an order: We reserve the right to accept or reject your order for any reason. If we reject an order placed through the Site, then we will notify you of that rejection within a reasonable time after you submit your order.
You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.
Warranty: Our products 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 replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The consumer guarantees that apply to goods you purchase: a) Goods will be of acceptable quality; b) Goods will be fit for a particular purpose; c) Goods will match their description; d) Any express warranties will be honoured; e) you will have title to the goods.
You acknowledge that the products displayed on our website are indicative only, and the products you receive may vary from those displayed according to availability and your stated preferences. In particular, 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.
Vouchers: To use a voucher you will be required to enter its unique code at the online checkout and use of such a code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the voucher. A voucher may only be used once by its holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form without our prior written approval. Vouchers may only be redeemed through our website. We reserve the right to withdraw or cancel any voucher for any reason at any time.
Confidentiality of you login details: You are responsible for maintaining the confidentiality of your login details and you accept responsibility for all activities that occur under your login. You must notify us immediately in the event of any unauthorised use or misuse of your account or where there is any other breach of security
Disclaimer and limitation of liability: The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits.
While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the products again refunding the purchase price of the Products.
Linked websites: From time to time this Site may contain links to other third party websites. We do not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and we expressly exclude any liability which may arise from your use of or access to those third party websites.
Dietary information: Products you buy from us may be made in the same environment as nuts, gluten products and other allergens and therefore we cannot guarantee that they are free from nut or gluten traces. Our suppliers provide dietary information on their products, but we do not make any warranties as to the accuracy of this information and we do not assume any liabilities.
Intellectual Property: We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved. If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
Proprietary Rights: This Site contains materials that are owned by or licensed to us. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site.
Events outside our control: We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is cause by any act, event, non-happening, omission or accident beyond our reasonable control.
Severability: If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Governing law and jurisdiction: The laws of New South Wales and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of New South Wales and any courts of appeal therefrom.
Bean Bar You is committed to providing you with the best possible customer service
experience. Bean Bar You is bound by the Privacy Act 1988 (Crh), which sets out a number of
principles concerning the privacy of individuals.
Collecting and using your personal information
There are many aspects of the site which can be viewed without providing personal
information. However, for some Bean Bar You services we are required to collect and use your
personal information. This includes:
- Your postal contact details: We use this information for shipping products to you.
- Your email contact details. We use this information for sending you information about your orders, our service and newsletters. You can opt-out of receiving information about our service and/or newsletters.
- Your payment details (for collecting payment for products purchased and ongoing subscriptions). Note that we do not have direct access to your credit card/payment details – this is managed securely through a third party – currently either PayPal or Stripe.
- Your chocolate preferences. We collect this information through the survey you complete when you sign up, and through short monthly surveys about the chocolates you received in your box. We use this information to personalize your products to your chocolate preferences. We may also combine this information for all of our subscribers or customers, and provide summaries to people who make and/or sell chocolate. When giving information to people who make and/or sell chocolate we will never give them your contact or email details, or any information that can identify you. You can opt-out of completing the sign up survey and/or the monthly surveys, and you will receive a standard, non-personalised subscription box.
- Research data. We will collect this information through special ͚research surveys͛. These will be conducted on an ad-hoc basis. The data collected will be used to improve our service and/or provide information to people who make and/or sell chocolate. Participation in these surveys in voluntary, and you can opt-out of receiving invitations to participate.
- Log-in details: You will need to provide a unique username and password in order to access your account on the website. Your actual password is never stored.
- Social media profiles. We use this information to monitor the social media profile or our brand and to engage with the chocolate community, including customers, subscribers, producers, retailers and chocolate lovers.
- Website data. For each visitor to reach the site, we non-personally identifiable information, including browser type, version and language, operating system, pages viewed, page access times and referring website address. We use this information internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site.
With the exception of payment data, we will link personal information across business
processes for the purposes of improving our service or conducting research.
Our site uses SSL technology which encrypts all transmissions between you and our site.
Storing your personal information
All personal information is stored electronically and securely. We use some 3rd party services to
carry out our operations.
Sharing your personal information
We will never sell personal information about individuals to anyone.
We may occasionally hire other companies to provide services on our behalf, including but not
limited to processing transactions or customer order shipping. We will only provide those
companies with the personal information they need to deliver that service. Bean Bar You takes
reasonable steps to ensure that these organisations are bound by confidentiality and privacy
obligations in relation to the protection of your personal information.
We may produce reports summarising chocolate preferences. This will be based on combined
information from multiple customers and/or subscribers. This information will not directly or
indirectly identify any individual.
contact you in advance to advise any changes to this policy. If you have objections to the
Accessing Your Personal Information
You have a right to access all of your personal information and to request it be corrected,
subject to exceptions allowed by law. If you would like to do so, please contact us. You may be
required to put your request in writing for security reasons. Bean Bar You reserves the right to
charge a fee for searching for, and providing access to, your information on a per request basis.
complaint, please contact us by email: email@example.com