These Coffee Order Terms (Terms) apply to customers who place an order for coffee products including coffee beans or equipment via the Fat Poppy website (www.fatpoppy.coffee) (Order) and who have not entered into a formal Coffee Supply Agreement with Fat Poppy. By placing an Order, you agree to be bound by these Terms. Each Order you place is subject separately to these Terms, unless otherwise agreed by us in writing.
We may modify these Terms at any time by updating them on our website. Any such changes take immediate effect and will apply to any subsequent Orders you make.
If you are a wholesale customer, you are required to register an account with us via our website. You must ensure that all details you provide are current, correct and complete and must advise us of any changes to your information. You warrant that you are authorised by the business you represent to register an account and to place Orders.
We reserve the right to refuse requests to register an account or to close an account in our sole discretion. You are responsible and liable for any person that uses your login and password and agree that we may charge you for all Orders made using your login and password.
Prices for all Orders you make are as stated on our website or as otherwise agreed by us in writing (including in a wholesale customer order form, if applicable). Payment is due at the point of purchase, unless otherwise agreed. Payments are accepted by direct transfer EFT, credit card and PayPal only, unless otherwise indicated. You undertake that all details you provide when placing an Order are current, correct and complete, and, if applicable, that you are an authorised user of the account or the credit card used to place your Order.
All prices advertised are subject to change. Unless otherwise stated, all prices are exclusive of GST and you acknowledge and agree that GST will be applicable to each Order placed.
All Orders are subject to availability. Orders are generally shipped on Wednesdays. While we do our best to ship all Orders on the first Wednesday after the Order is made, you acknowledge that we cannot guarantee delivery times or dates.
Once placed, you are not able to cancel an Order. We reserve the right to reject Orders in our sole discretion. We may cancel any part of on Order without liability to you if the requested products are not available, if there was an error in the description or price of the requested products as advertised on our website, or if your Order breaches these Terms. We will endeavour to provide you with notice of such cancellation. You will not be charged for an Order we cancel.
Nothing in this agreement affects Fat Poppy’s right to supply products to other customers or businesses, including competitors of any customer.
Except as provided in these Terms and the Australian Consumer Law, all express and implied terms, conditions, guarantees, warranties, representations or endorsements whatsoever with regard to Orders or products and information provided through this Website are hereby expressly excluded, to the extent permitted by law.
If your Order constitutes a supply of goods and/or services to a consumer under the Australian Consumer Law, then subject to the limitation to this condition below and unless the goods and/or services are Consumer Goods or Consumer Services, our liability and the liability of our affiliates and related entities, servants, employees and agents for any breach of these Terms, including any liability for any losses or consequential losses which you may suffer or incur because of a failure to comply with a Consumer Guarantee will be limited, as we may elect in our sole discretion, in the case of services, to either: (a) supplying the services again; or (b) paying the cost of having the services supplied again; or, in the case of goods, to either: (c) replacing the goods or supplying equivalent goods; (d) repairing the goods; (e) paying the cost of replacing the goods or acquiring equivalent goods; or (f) paying the cost of having the goods repaired. This condition does not apply if it is not Fair or Reasonable for us to rely on it. Words or expressions used in this condition which are defined in the Australian Consumer Law have the same meaning in this condition.
If you have registered a wholesale account and your Order is for coffee to be used in a café or coffee-selling business, Fat Poppy grants to you a limited, non-transferable, non-exclusive, revocable licence to use the trading names ‘Fat Poppy’ and ‘Fat Poppy Specialty Coffee’ solely for the purpose of advising customers and staff in your business that coffee is supplied by Fat Poppy. This licence automatically expires 30 days after the date of your Order.
All right, title and interest, including all intellectual property rights, in Fat Poppy’s brands, logos, materials and trading names (including ‘Fat Poppy’ and ‘Fat Poppy Specialty Coffee’) (Fat Poppy Materials) will remain and be vested in Fat Poppy. You must not use the Fat Poppy Materials, directly or indirectly, as your business, corporate or trading name. Nothing in this agreement constitutes a transfer of any ownership rights in the Fat Poppy Materials.
These Terms, together with any applicable wholesale customer order form, other Fat Poppy order form, confirmation, payment instructions, and notices provided by us, constitute the entire agreement between you and us in relation to your Order.