Terms & Conditions
1. about us – who, what and where
1.1 Vava pantry ABN (59 613 591 236) located at, 24-26 Podmore Street, Dandenong, VIC, 3175, allows you a limited, non-exclusive and revocable licence to access and operate its’ website (Site) “vavapantry.com.au.” The Terms and Conditions outlined below refer to Vava pantry (‘us,’ ‘we’ and ‘our’) and, to the end User/ customer (‘you’ and ‘your’). These Terms and Conditions have been made in accordance with the laws established in Victoria, Australia.
2. you – the User
2.1 By accessing our services on our Site, including placing an order through our Site, these Terms & Conditions apply, and you “the User” are agreeing and accepting, to be bound by our Terms & Conditions. If you do not accept these Terms & Conditions, you must immediately stop using the Site.
2.2 Until registered on our Site, you are a “User” and you do not have the authority, implied or express, to access the Services. Therefore, Vava pantry denies all liability in relation to your use of this “Site.”
2.3 When placing an order on our Site, you agree that:
b)You are of legal age, 16 years or older; and
c)You are capable of entering into a legally binding contract.
3. general and jurisdiction
3.1 Vava pantry reserve the right to amend, remove or vary our goods, services and / or any part of our Site, including our Terms and Conditions at our own discretion, and they will come into effect, instantly once they have been loaded onto our Site. You agree to be bound by any changes made to the Terms and Conditions, and we recommend that you regularly check the Terms and Conditions to stay up-to-date. These terms and our dealings with you are subject to English law and the exclusive jurisdiction of the English courts.
3.2 There is no provision within these Terms and Conditions which deems a relationship between Vava pantry and you, of employment, joint venture, partnership, agency or other association, beyond that of ‘parties to these Terms and Conditions.’
3.3 Vava pantry may offer you access to controlled areas of the Site, or offer you goods and services that are for sale (Service). You must register the requested information, in order to access certain Services offered on the Site.
3.4 In the event that any clause included in these Terms and Conditions becomes invalid or unenforceable in any jurisdiction, the clause, as to that jurisdiction, will be rendered ineffective to the extent of the invalidity or unenforceability without impacting the validity, enforceability or intention of the remaining clauses of these Terms and Conditions. To the extent in which a clause is invalid or unenforceable, the parties will negotiate in good faith to replace any such clause with a valid and enforceable provision, consistent with the intention of these Terms and Conditions, so far as is reasonably practicable. To the extent possible, you will notify us as soon as you become aware of an invalid or unenforceable clause respective to your circumstances, and such good faith negotiations will occur prior to use of the Service or purchase of goods through our Site
3.5 These Terms and Conditions are part of an ecommerce transaction and the parties agree and accept that these Terms and Conditions shall be electronically accepted and, agreement of these Terms and Conditions have been formed and validly entered into electronically.
3.6 In the event the Terms and Conditions are terminated or amended, termination of these Terms and Conditions does not retrospectively affect the parties’ rights in respect of periods prior to the termination of these Terms and Conditions.
4. accounts and details
4.1 When you are ordering online at Vava pantry, it is your responsibility to ensure that your account details are kept up-to-date. Therefore, if any changes need to be made to your details, you can do so through our Site or by contacting us directly to update them for you. We do not accept responsibility or liability for any errors occurring with your transactions or delivery as a result of failure to update account details.
4.2 We consider your registration information as private; therefore, it is your responsibility to keep your username and password in safekeeping. We are not liable for any unauthorised use of your registration information.
5. online terms of sale
You can purchase goods and services online from our Site. All purchases are however, subject to the following Terms of Sale.
5.1 Purchase, Payment and Order
a) A purchase of Products from our Site is confirmed following the completion of payment of the products and shipping costs. All payments must be made via credit card (Visa or MasterCard only).
b) Vava pantry is committed to providing you with a wide range of quality products at competitive prices. Prices and stock levels can and do change often, and we endeavour to update our Site regularly to accurately reflect stock levels.
c) We strive to have up-to-date product photos on our Vava pantry website, however, occasionally the photos and the products supplied to you may differ.
d) Ownership of the products will only pass to you when we receive full payment of all sums due, in respect of the products, including delivery charges.
NOTE: The prices of our products online may differ to the prices of the same product in our bricks and mortar store Peanut Market.
5.2 Shipping and Delivery
a) Vava pantry shall advise you of your calculated shipping fees prior to dispatch and will outline the shipping costs to you prior to payment of your order. We have made our best effort to keep our shipping costs reasonable.
b) Vava pantry reserves the right to terminate your order in the event the shipping fee is insufficient, and, if this is the case, will immediately alert you.
c) It is your responsibility to provide us with the correct shipping information and keep your account details up to date.
d) Your order will be dispatched by the date set out in the Dispatch Confirmation or, if no dispatch date is specified, then you will receive your order within 7 days of the date of the Dispatch Confirmation, subject to reasonable delays and unless there are exceptional circumstances.
e) The products will be at your risk from the time of delivery.
f) All deliveries are made by the registered courier of our choice or Australia post, and will require a signature (unless specifically requested otherwise).
g) Vava pantry will presume that whoever receives your order at your delivery address has been authorized to do so. We do not take responsibility for any loss or damages to your order once delivery has been made.
h) You will receive a confirmation email from us, once your online purchase has been prepared, and another email from us when your order is being dispatched with your delivery and tracking details.
i) We employ a third party courier or Australia Post; therefore there are certain issues, which are not in our control. We cannot confirm exactly what time your goods will arrive, however you will be able to track your order once it has been dispatched pursuant to the third parties processes.
j) Some products are sensitive to weather/ temperature, such as chocolate, chocolate-coated products, LSA etc. We are unable to ensure the state of your products, during the freight route.
k) If you are not available to receive your delivery, we are unable to take responsibility for theft or damage, and we do not recommend leaving your orders outdoors for a prolonged amount of time.
We endeavour to make sure that our customers are not only 100% satisfied with our products but also our service.
a) Vava pantry will offer you a refund or exchange on your Order where (without limitation):
i) A Product is damaged or faulty, from the date you receive it.
ii) An incorrect product was sent to you.
iii) A product has exceeded its “best before” date, from the date you received it.
b) To receive a refund or exchange:
i) We allow a 48hour notification period upon receiving your products, for you to report damaged or incorrect item to us. At which point you will receive instructions on the next steps required by you are.
ii) Vava pantry will bare the freight cost associated with an exchange of items, if, as determined at our absolute discretion, your item/s qualify for an exchange as a result of the above-mentioned reasons (5.3;a).
iii) For damage or incorrect items, a photo must be provided of the damaged or incorrect item/s, and proof of purchase must be presented (receipt) to qualify for a full refund. Once confirmed, we will advise you of the next steps to be undertaken to return the items and / or obtain a refund.
iv) We will always endeavour to refund the amount of product or replace it, in your order, and are always happy to resolve any issues with you.
c) Vava pantry will not accepts returns or offer a refund or exchange on products, where by:
i) You have had a change of mind;
ii) You have chosen the incorrect item or;
iii) You do not like the taste of the product; or
iv) You have not treated, unpacked or stored the product correctly once you have received it.
d) Vava pantry reserves the right, to request the item be returned to us, before a refund or replacement is issued, and in some cases the cost of freight will be the customer’s responsibility.
e) Vava pantry reserves the right decide whether an exchange or refund will be made, upon receiving the products. Where Vava pantry approve a refund, we will process the refund as soon as we provide notification to you of the approval. Please allow up to 14 business days to receive the refund in the nominated account.
5.4 Online Orders and Cancellations
a) In the case, that you request a change to, or cancellation of, your online order, please contact us immediately, so that, if this is possible, we can do so as promptly as possible.
b) We aim to process and dispatch our orders quickly and therefore there is only a short window of time in which a change or cancellation can be made. Once you place your order, it is automatically processed through our systems, which incurs irreversible merchant costs. If you request to cancel an order, a refund will be issued, minus the transaction fee and/or other applicable fees due to the cancellation of your order.
c) If you require a change to your order, please contact us immediately. Depending on which stage your order is (packing or pre-dispatch), we will do our best to accommodate your request and advise you as soon as practicable.
A) Out of Stock Items
i) We strive to ensure that the products that are published on our website reflect the products which we have in stock. However, stock levels are always changing and there can be unforseen delays from suppliers. Hence, there may be times, the products you request may not be available.
ii) In this instance, we will send you an email notifying you of the unavailability of the product, and then offer you either a refund or replacement, of only that product.
ii) We apologise for any inconvenience this may create, if this does occur and we appreciate your understanding.
B) Missing Items
i) When you have received your order, you have a 48hour period commencing from the time of delivery to notify us, if there is a product/item missing from your delivery. You are required to send us a copy (an email or image) of your invoice, so that we can refund you or credit your account for your next purchase.
ii) If more than 48hours has passed upon receiving your delivery, and you have not notified us of your missing items, we cannot issue a refund, store credit or replacement for the missing items.
5.5 Taxation and Customs
a) Prices quoted on our Site are in Australian Dollars (AUD) and inclusive of Goods and Services Tax (GST).
b) If you are making an order from outside of the Indirect Tax Zone (“Australia”), you are agreeing to take personal responsibility for ensuring that the goods you are purchasing can be legally imported into the country of delivery.
c) You agree to pay any taxes, customs and duties with respect to the goods, which we will be exported from Australia. Additional costs as a result of export from Australia and imported to the delivery destination will be in addition to the GST inclusive price quoted on our Site. We do not accept risk or any liability in relation to the goods once exported from Australia.
a) Despite our best efforts and great care to keep our products separate and to pack our products separate, the food products sold on our Site may have been packed in a facility that contains allergens, traces of allergens or bi-products of allergens, such as: peanuts, nuts, tree nuts, sesame seeds, sees, soy beans, soy products, egg, pollen and bee products, preservatives, gluten and cereals containing gluten, wheat, rye, barley, oats spelt, dairy, fish, crustacean and other products that may behave as allergens to certain people.
b) Where possible, we have done our best to ensure that our manufactures are undertaking proper hygiene and cleaning procedure and segregation, in order to prevent any accidental cross-contamination. Unfortunately, these things are not in our control, despite our best efforts to try and minimise them.
c) None of our nutritional information or allergen information should be considered as a guarantee, yet simply as a guide to serve our customers.
d) Despite our best efforts to keep all our information correct and up-to-date, we cannot be responsible for inaccurate information that is on our Site or any misrepresentation of information from our Site. Our medical advice is not intended to, replace the advice given to you by a healthcare professional, or replace a one-on-one relationship with your healthcare professional. Therefore, it is advised that you speak to your healthcare professional before making any decisions that are medical related or diet-related.
e) Vava pantry cannot take responsibility for the accuracy of the information provided to you on our website. We, of course, endeavour to provide you with accurate and current information, however we take no responsibility for any inaccurate information provided. We advise you to do your own research on products you are purchasing and consuming.
6. conditions of use
You agree that, when accessing or operating this Site:
6.1 You will do so for lawful purposes only;
6.2 You will not be involved in any inappropriate, offensive or indecent conduct;
6.3 You will, consider your relevant jurisdiction, and ensure that you are not breaking any local, state or federal laws.
6.4 You will treat the Site and its users with respect and will not participate in any behaviour that might be considered, as determined by us, as bullying, degradation, insulting, harassment, or otherwise demeaning to the human standard of any other person (as determined by us); and
6.5 You will provide us with accurate personal, contact and delivery details. You must only represent yourself, must not impersonate any other person (with or without their consent) and must not create false aliases.
6.6 You do not breach any of the Terms and Conditions.
7. site availability
7.1 When operating our Site, you are acknowledging that access to our Site, and its availability, is determined at our discretion.
7.2 We accept no responsibility for unavailability of our Site, or any proposals/ offers /deals in regards to Goods and Services found on our Site. By using our Site, you are accepting and agree that, we are not responsible for any losses or damages that may be incurred, by you or another person, due to unavailability or denied access to our Site.
7.3 We will not make guarantees, implied or express, of the ongoing accessibility to our Site and Services on our Site.
8. intellectual property
8.1 All the content on the Vava pantry, Site and all the Services, are the copyright and property of Vava pantry. Without the ‘express written permission’ provided to you by Vava pantry, you will not:
a) Copy/ Duplicate all or a portion of our Site or our Services; or
b) Integrate/ Implement all or a portion of our Site or our Services in any other site, webpage, application or any alternative digital or non-digital format.
8.2 Vava pantry has both, moral and registered rights of its trademarks, and you shall not replicate, change, use or otherwise deal in the marks without being given prior written permission by Vava pantry.
8.3 You accept and agree that by operating this Site you will not copy the Site or its Services for your own business-related purposes. You agree and guarantee that you will not solicit or prompt any Users or Members of the Site to connect with another competing site or, in anyway, prevent them from using the Site by favouring the use of another site, which offers comparable services. You will indemnify us for any loss or damages that we incur as a result of your breach of this warranty.
10. third-party websites
10.1 Users may find advertising or other content on our Site, which may link to other websites and services of our partners, sponsors, suppliers, advertisers, and other third parties.
10.2 Vava pantry has no control over the content or links that are presented on these websites and are not liable for the practices employed by any of the sites that are linked to or linked from our Site.
10.3 Furthermore, these websites and services, including the content and the links, which appear on them, may constantly change and they too have their own privacy and customer service policies. Browsing or operating any other website, including those linked to our Site, is subject to it’s own terms, conditions and policies.
10.4 With respect to the products which are purchased from this website, there are no circumstances in which the Vava pantry or any of it’s executives, staff or associates, will be responsible for any direct or indirect, exemplary, consequential, special or other, damages associated to the purchased products
11. liability and indemnity
11.1 You agree that you use the Site at your own risk.
11.2 You understand that we are not responsible for the behaviour or actions of any User, on our Site, and that we are not legally accountable for such under any circumstances.
11.3 It is your responsibility to keep your username and password in safekeeping (secure), if you are provided with one to access the Services on our Site. Thus, if we suffer any loss or damages as a result of unauthorised access to your account, you are responsible for indemnifying us. The use of your account is your sole responsibility, irrespective of who is utilising it, whether it is with or without your permission.
11.4 In the event of any loss, damage, cost or expense that we may suffer or incur as a result of your conduct in connection with the Site, including any breach by you of these Terms and Conditions, you agree to compensate us for any such loss, damage, cost or expense.
11.5 In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.
11.6 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:
a) the re-supply of services or payment of the cost of re-supply of services; or
b) the replacement or repair of goods or payment of the cost of replacement or repair.
12. terminations and cancellations
12. Either party (Vava pantry or the User) may terminate the agreement formed by the Terms and Conditions effective immediately, once either, has provided written notice to the other party. We need not to provide reasons to you for the termination. Where these Terms and Conditions have been terminated you must immediately stop using the Site or Services provided by the Site.
12.2 Your use of the Site may be annulled at any given time, for any reason, by on a short-term or permanent basis. Should you receive a notice cancelling your license to use the Site, you must immediately stop using the Site.
13. notices and feedback
13.1 We are always grateful to receive feedback, notices and enquires from our Vava pantry users. We want you to enjoy your experience with us and recommend us to you friends and family, so please contact us on 9792 4697 or email us at firstname.lastname@example.org with any feedback, questions or notices. We will also notify you of changes every so often by publishing new details on our Site.
13.2 It is your responsibility to keep your contact/ correspondence details up-to-date as they change, so when we do send you notices and or responses, you will receive them.