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Lobster.com.au Customer Agreement
This Agreement is a contract between You and Samurai Marketing Pty Ltd ACN 086 093 870 trading as lobster.com.au ABN 85 086 093 870 ("Lobster.com.au"). It sets out the terms and conditions under which You may purchase seafood products online from Lobster.com.au.
Please read the following terms and conditions carefully before placing your order on Lobster.com.au. By completing the customer application process and using the Lobster.com.au Service, You agree to be bound by the terms and conditions of this Agreement.
INTERPRETATION.
In these Conditions:
"Agreement" means an agreement between You and Lobster.com.au to supply Seafood Products. The Agreement consists of the Order and these Conditions.
"Conditions" means these Conditions and any agreed written variations.
"Delivery Address" means the address to which the Seafood Products are to be delivered as stated on the Order.
"Seafood Products" means the seafood products described in an Order and includes packaging.
"Intellectual Property Rights" includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
"Order" means an order by You to purchase Seafood Products from Lobster.com.au.
"Product List" means the list of Seafood Products displayed on the Lobster.com.au website as amended from time to time.
"Delivery Fee" means the fee payable to Lobster.com.au in respect of delivery of the Seafood Products and handling costs associated with processing your Order as advised by Lobster.com.au from time to time.
THE AGREEMENT.
What is the Agreement?
The entire agreement between You and Lobster.com.au for the purchase of Seafood Products by You from Lobster.com.au is:
these Conditions; and
the terms of the Order.
Each Order is a separate agreement.
When the Agreement is formed
An agreement exists between You and Lobster.com.au once:
Lobster.com.au accepts an Order; or
Lobster.com.au receives the Order and does not reject it within fourteen days.
CUSTOMER APPLICATION
Application to be completed
You must complete an order application form before placing an Order for Seafood Products on Lobster.com.au. You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform Lobster.com.au if there is any change to this information or data.
Set up costs
You are responsible for any costs associated with accessing the Lobster.com.au site and placing orders for Seafood Products on Lobster.com.au including any Internet provider fees.
Delivery area
In order to purchase Seafood Products from Lobster.com.au, the Delivery Address which You nominate will need to be within a suburb where Lobster.com.au provides delivery services. Please ensure that your delivery address and suburb are correct, as orders for delivery to addresses in suburbs that are not in the Lobster.com.au delivery area will not be processed. Lobster.com.au will advise You if the Delivery Address which You nominate ceases to be in an area where Lobster.com.au delivers Seafood Products. Lobster.com.au will not be obliged to continue to deliver Seafood Products to You if You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which Lobster.com.au delivers Seafood Products.
PURCHASE ORDERS & DELIVERY OF SEAFOOD PRODUCTS
Orders
You will place an Order on Lobster.com.au by selecting Seafood Products and pressing the "Submit Order" button. Orders will be deemed to have been received by Lobster.com.au at the time of successful transmission of the Order.
Delivery of the Seafood Products
Lobster.com.au will deliver the Seafood Products to You at the Delivery Address. Lobster.com.au will not leave deliver the Seafood Products unless You or your authorised representative is able to receive the Seafood Products and sign the receipt for delivery and provide verification of the credit card used to order the Seafood Products.
Authorised receipt of Seafood Products
Anyone at the Delivery Address who receives the Seafood Products shall be presumed by Lobster.com.au to be authorised to receive the Seafood Products.
Delivery Fee
If required by Lobster.com.au You shall pay to Lobster.com.au the Delivery Fee (or such other fee as may be specified by Lobster.com.au) in respect of each Order.
Additional Delivery Fee
If there is no-one at the Delivery Address to receive and pay for the Order when the Order is delivered Lobster.com.au may charge You and You shall pay an additional Delivery Fee.
Cancellation Policy
Orders must be cancelled before the day the Seafood Products are to be delivered otherwise you will be billed for the full purchase price (any applicable Delivery Fee) of your Order.
RISK & TITLE IN THE SEAFOOD PRODUCTS
Risk and Title
Property and risk in the Seafood Products passes to You upon delivery and payment of the Seafood Products to the Delivery Address.
Returns or Refunds
If at any time You are not satisfied with the quality of the Seafood Products You have purchased you must call the Lobster.com.au on +618 82 444 227 on the day of delivery and a representative will assess Your request for a credit or refund of the purchase price.
Due to the nature of the seafood products Lobster.com.au is selling if you do not contact us on the day of delivery with any queries we will be unable to refund you any of the purchase price for the Seafood Products ordered.
PRICE OF SEAFOOD PRODUCTS & PAYMENT
Price of Seafood Products
The price of the Seafood Products as shown on the Product List is the price which is applicable at the time you view it.
Delivery Fee
You also agree to pay the Delivery Fee in respect of each Order.
Total Price of Seafood Products
Items in your order are charged at the price applicable at the time you submitted your order and as shown on the order confirmation, except:
Where an item is out of stock. In which case you will not be charged for that item.
Where you have ordered an item that is priced per kilo. The actual price for Order items that are priced per kilo will be calculated by Lobster.com.au after the Seafood Products are weighed. The price charged will be the lower of the price per kilo applicable at the time you placed your order and the price per kilo applicable at the time your order is processed.
Upon delivery of the Seafood Products, Lobster.com.au will provide you with a tax invoice specifying the total price for the Seafood Products including credits applied and the Delivery Fee.
Method of payment
At the time of each order, you will be required to pay by Credit Card.
We will process your order payment using your credit card (MasterCard, Bankcard, MasterCard, Visa) details for the value printed on the tax invoice we provide with your delivery. The payment will be processed as we prepare your order for delivery which in most instances will be the day of delivery but may be the day prior to delivery.
If your credit card is declined by your financial institution we will not be able to guarantee delivery on the date or in the delivery window you selected and may contact you to make alternative delivery and payment arrangements.
If you have any queries about the credit charge once you take delivery please contact customer care on +61 8 82444 227.
Should you not be home for delivery or organise a redelivery the order charge will appear on the original order date. Credit order cancellations and refunds will be processed on the next business day.
We may decide at any time not to accept payment from you by credit card for any reason. If we decide not to accept payment by credit card we will not process the order, and will not contact you to advise you that your order will not be processed. We may process this order or further orders if you agree to make payment by another method that is acceptable to us. We will not be required to give reasons when we decline to accept payment from you by credit card.
SIZE REPLACEMENT
If lobster.com.au advertises its Seafood Products at a particular size and lobster.com.au is unable to provide that particular size then you agree that lobster.com.au may substitute a different sized seafood product in the Order
SALE OF LIVE LOBSTERS
Lobster.com.au may also sell live lobsters which will be in such quantities and sizes as are stated on the website and may require a different payment method which will be specified on the website where the order for the live lobsters will be made.
PACKAGING & LABELLING OF SEAFOOD PRODUCTS
Lobster.com.au aims to include in the Product List up-to-date pictures of the Seafood Products. At times, the picture of the Seafood Products on the Product List may differ from the Seafood Products actually supplied to You. Lobster.com.au does not warrant the accuracy of the information contained in the Product List and recommends that You read the labels on Seafood Products carefully before consuming the Seafood Products.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Lobster.com.au or its related corporations own or are licensed to use all Intellectual Property Rights in Lobster.com.au (including, but not limited to, any images, photographs or text which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy Lobster.com.au in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
You acknowledge that any trademarks or logos which appear on the Lobster.com.au site are owned by or licensed to Lobster.com.au or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
LIABILITY
You agree that in using Lobster.com.au, You are not relying on any statement or representation made by Lobster.com.au which is not expressly contained in this Agreement.
You agree that any liability of Lobster.com.au arising out of or in connection with any breach of any express or implied warranty or condition in respect of Seafood Products (other than a condition or warranty implied by legislation which does not permit Lobster.com.au's liability to be limited as stated in this clause 11.2) will be limited to the replacement of the Seafood Products or the supply of equivalent Seafood Products.
You agree that the entire risk arising out of installation, down loading, use or performance of any software remains with You. To the extent permitted by law, You release and discharge Lobster.com.au and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Lobster.com.au or this Agreement, including, without limitation, loss or damage caused by the negligence of Lobster.com.au or its related corporations.
NOTIFICATION OF CHANGES
Lobster.com.au may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 15. Your use of the Lobster.com.au Service after notice will constitute your deemed acceptance of such changes.
TERMINATION
Lobster.com.au may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15)
Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
FORCE MAJEURE
Notwithstanding any other provision of this Agreement, neither party will be liable to the other for any breach, default or delay in the performance of this Agreement that is due to force majeure or any other cause (“intervening cause”) reasonably beyond the ability of the party to control, prevent or avoid including such causes as acts of God (such as earthquake, fire, flood or pestilence), acts of a public enemy, terrorism, compliance with any law, regulation or other subordinate legislation, quarantine or impounding of goods, binding orders or directions of any government or government authority, strikes or boycotts, embargos or other industrial or political action, provided that the party affected by the intervening cause uses its best endeavours to prevent, avoid, remove or lessen the effects of the intervening cause and the party affected by the intervening cause gives notice to the other party of the intervening cause as soon as possible.
NOTICES
Lobster.com.au may give notice to You by posting a notice on the Lobster.com.au website. You may give notice to Lobster.com.au by electronic mail to mike@lobster.com.au.
PROVISIONS ARE SEVERABLE
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
SOUTH AUSTRALIA LAW APPLIES
The laws of South Australia govern this Agreement.