Terms and Conditions

Terms and Conditions

Interpretation

In these Conditions:

Conditions means these terms and conditions, including any additions or variations;

Corporations Act means the Corporations Act, 2001 (Cth);

goods means any goods provided by Jamaica Blue to the purchaser pursuant to these Conditions;

GST means the Australian Goods and Services Tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Jamaica Blue means Jamaica Blue Pty Ltd ABN 13 059 236 387;

Order means an order by the purchaser to purchase goods from Jamaica Blue via the Website;

Privacy Policy means Jamaica Blue’s privacy policy, as amended from time to time, which is available for viewing and downloading on the Website (here is a link: http://www.foodco.com.au/privacy-policy/);

related bodies corporate has the meaning given in section 50 of the Corporations Act.

Website means the following website: http://www.jamaicablue.com.au/

  1. Application
    • Each Order placed with Jamaica Blue shall be governed by these Conditions. They shall apply to the exclusion of all other conditions. By placing an Order, the purchaser acknowledges that it has read, understood and accepted, without reserve, these Conditions.
    • Jamaica Blue reserves the right, at any time, to modify these Conditions by posting a new or updated version on the Website. By placing an Order after Jamaica Blue has posted a new or updated version of its Conditions on the Website, the purchaser agrees to be bound by the new or updated version of the Conditions.
  2. Privacy Policy
    • By using the Website, the purchaser accepts and agrees to be bound by the Privacy Policy.
  3. Orders
    • Jamaica Blue may, from time to time, set a minimum order quantity or minimum order value on the Website. Jamaica Blue may, in its absolute discretion, decide to accept an Order which is below the minimum order quantity or minimum order value. Acceptance of such an order by Jamaica Blue will not oblige Jamaica Blue to accept an order which is below the minimum order quantity or below minimum order value at any other time.
    • All Orders are subject to availability of stock.
    • Jamaica Blue reserves the right to refuse Orders whether whole or in part in its absolute discretion.
  4. Returns, Refunds & Exchanges
    • The purchaser cannot refuse to accept goods merely because they are not delivered by any given date or dates.
    • Returns are not accepted for change of mind or wrong purchase decisions.
    • The purchaser must verify the order of goods upon delivery and must notify Jamaica Blue within seven days of receipt of any incorrect order. If required by Jamaica Blue, such goods forming part of the incorrect order must be promptly returned by the purchaser to Jamaica Blue.
    • Jamaica Blue will only accept returns of unused goods in their original condition and packaging, accompanied by the invoice.
    • Where goods are faulty, have been wrongly described, or are different to the product Ordered from the Website, a refund or exchange may be granted. In this case the purchaser should contact the Jamaica Blue Service Team on 1800 622 338 (Aus. only) or +61 2 9302 2200 Monday to Friday between 9AM – 5PM (AEST) or via email shop@jamaicablue.com.au within 48 hours of receiving the Order.
    • When returns are properly completed, and Jamaica Blue does not grant an exchange under clause 5, Jamaica Blue will reimburse the price of the returned Goods and the invoiced delivery charges within 30 days of receipt of the returned Goods.
  5. Cancellation Policy
    • Orders cannot be cancelled once they have been submitted by the purchaser.
  6. Shipping
    • All goods are shipped via Australia Post.
    • Jamaica Blue will endeavour to provide goods to the purchaser in a timely manner to the address specified in the Order.
    • Jamaica Blue accepts no responsibility for any loss of, damage to, late delivery or non-delivery of goods once they have been dispatched from Jamaica Blue’s warehouse.
  7. Shipping Cost
    • Shipping costs are automatically calculated in the shopping cart on the Website and are determined by the weight of the items purchased combined with the delivery location within Australia.
  8. Pricing and Payment
    • Prices are in Australia dollars and are subject to change without notice.
    • Unless stated to be otherwise, charges for the purchase and supply of goods are GST inclusive. Jamaica Blue will issue a tax invoice for all purchases (including any shipping costs payable by the purchaser under clause 1).
  9. Method of Payment
    • We accept payment by Visa, Mastercard and AMEX only.
    • The purchaser will be required, at the time of placing an Order, to select the payment method.
    • Unless otherwise agreed, in order to receive the goods ordered, payment must be received by the selected payment method.
  10. Intellectual Property
    • All material displayed on the Website or provided to the purchaser in relation to, or about, Jamaica Blue is copyright to Jamaica Blue. Any such material may be displayed and printed solely for the purchaser’s personal, non-commercial use.
    • The Jamaica Blue trademark and logo are owned by or licensed to Foodco Group Pty Ltd or its subsidiary Jamaica Blue Pty Ltd in Australia, New Zealand, Kuwait, the United Arab Emirates, Oman, Bahrain, China, Singapore, Malaysia and the United Kingdom.
    • The purchaser must not copy, reproduce or otherwise use or exploit any of the materials referred to in clause 1 or 10.2 in any manner inconsistent with the rights of the owner or licensee of such intellectual property rights.

 

  1. General
    • These Conditions are governed by and must be construed in accordance with the laws of New South Wales.
    • These  Conditions  and  any  tax invoice  referencing  these  Conditions  govern the provision of the goods and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
    • Jamaica Blue may sub-contract or otherwise arrange for another person to perform any part of these Conditions or to discharge any of Jamaica Blue’s obligations under these Conditions.
    • Neither party is liable for any delay or failure to perform its obligations under these Conditions (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performances of that party’s obligations are suspended.  If such a suspension exceeds 30 days, either party may immediately terminate this agreement by notice in writing to the other party.