The Traffic Light Guide website, terms & conditions of sale are as follows:
This Agreement is a legally binding contract between the entity named on the invoice (the Customer) and The Kolling Foundation trading as The Traffic Light Guide to Food (TLGF) & www.thetrafficlightguide.com.au
TLGF agrees to supply the Customer goods and/or services subject to the terms and conditions set out in this Agreement. The Customer, in purchasing the goods specified in thetrafficlightguide.com.au, acknowledges agreement with these terms and conditions. All goods and services are supplied on these terms and conditions only. Previous dealing shall not vary or negate these terms and conditions in any respect.
All sales shall be deemed made in the state of New South Wales, Australia regardless of the location of the Customer. Any dispute with TLGF regarding a purchase from thetrafficlightguide.com.au shall first be dealt with through the PayPal dispute resolution processes and only after all other avenues have been exhausted will the dispute be brought by the Customer exclusively in the courts situated in the State of New South Wales.
2. Orders and Payment
The Customer shall order goods from thetrafficlightguide.com.au. Each listing will specify: the date of the purchase; the good(s) ordered and descriptions thereof; an estimated delivery date; price, tax (if applicable); delivery and handling charge; and terms and conditions in addition to this Agreement and PayPal rules.
Please ensure that care is taken before purchasing as terms are payment before delivery. To minimise errors and improve efficiency, the Customer is required to submit their details in relevant fields of the PayPal on-line payment system. The Customer is obliged to complete the transaction, i.e. pay for the goods, once they have initiated the purchasing process, via PayPal checkout.
3. Prices and Taxes
All prices are in Australian dollars and are inclusive of GST unless otherwise stated in receipts issued. TLGF reserves the right to make adjustments to information or pricing with or without notice due to typographical errors, market fluctuations, manufacturers price changes etc that may occur at any time.
4. Order Cancellations and Limitation of Liability
The Customer may not alter, change delivery address, or cancel an order without TLGF's prior written consent. Approved order alteration and cancellations shall be subjected to a service/restocking charge of up to 10% of the purchase price or AUD $25 whichever is higher to indemnify TLGF against any loss, damage and expense incurred in relation to the alteration or cancellation of that order. Orders cannot be altered or cancelled once goods have been despatched. The service/restocking charge does not apply to items that are not fit for their intended purposes, or not matching the description provided.
TLGF shall not be liable in any way for any loss or damage (including loss of trade or profit and economic loss) incurring to the Customer in the event that delivery or supply of the goods or services ordered is frustrated or delayed by any circumstances beyond the reasonable control of TLGF. Under such circumstances, TLGF shall be entitled at its option to either extend the time for delivery until a reasonable period after such cause has ceased or to terminate the sale and in neither case shall the Customer have any claim for loss or damage against TLGF. TLGF shall be entitled to cancel or suspend an order for goods or services, without liability to the Customer, by giving the Customer notice in writing.
TLGF warrants that the new product(s) the Customer purchased is free from manufacturing defects in material and workmanship when despatched from TLGF's warehouse. New products exhibiting manufacturing defects in material and workmanship must be returned, at the expense of the buyer, to TLGF within 7 days of receipt of their products. The invoice is the proof of purchase. No warranty claim will be accepted without a proof of purchase. The customer will be provided with dispatch details for the case of missing orders and wrong dispatch. It is at TLGF's sole discretion to select a postage method. All items must be returned to TLGF within 7 days of receipt of the product. This warranty or a claim made under it may be refused if the defect claimed has arisen for reasons other than faulty or defective parts or workmanship. Circumstances in which a warranty claim may be invalidated include, but are not limited to, the following:
a) The product is damaged by accident; misuse or abuse, including failure to properly maintain or service; normal wear and tear; improper or inappropriate operation; insect or vermin infestation;
b) The product is modified without TLGF's written authorization;
Compatibility and change of mind are not included in this warranty; no refund will be given for non-compatible products (except otherwise stated in the listing as compatible) or where the Customer changes their mind.
Unless the contract specifies the means by which goods are to be transported, TLGF will choose the means of transport, the cost of which will be included in delivery and handling charges. Unless otherwise agreed by TLGF and's the Customer in writing, delivery of the goods will be made to the Customer's nominated address as provided by PayPal. All Australian orders should include a daytime delivery address and contact details.
International orders are traceable to the point where they have left Australia. The deliveries and tracking of these orders, once they have left Australia, are subsequently reliant on overseas postal services. TLGF will provide as much assistance as possible in tracing misdirected items but cannot be responsible for items lost by overseas postal services.
All international orders may be subject to local Customs duties and/or local taxes in the country of destination. It is the Customer's responsibility to check with their local authority to ascertain applicable rates. Any additional charge must be borne solely by the Customer.
Delivery period is specified on the contact page of thetrafficlightguide.com.au. All quoted delivery or consignment dates are estimates only. TLGF is not obliged to meet such dates and will not be liable to the Customer by reason of delays caused by any reason whatsoever.
If the Customer fails or refuses to take delivery of the goods, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by TLGF as a result thereof, including all storage and handling costs and TLGF, at its discretion, may charge a restocking fee. Goods will be resent at the Customer's own cost.
If the Customer requests TLGF to postpone delivery of the goods beyond the delivery date specified in the quote and/or the invoice, TLGF may agree to do so and charge the Customer an additional fee for direct costs of postponement and storage. TLGF is deemed to have delivered the goods when the goods are actually delivered to the delivery point nominated by the Customer, or where delivery to the delivery point is not made to reasons which are the responsibility of the Customer (e.g. where courier left delivery card at the Customer's mailbox), the date when delivery would have been effected.
Any claim for shortage in supply or damage to the goods ordered must be notified to TLGF within 7 days of receiving the goods.
7. Freight and Handling
TLGF shall ensure each order is safely and securely packed for transportation to the Customer having regards to: the fragility of the goods; the distance the goods are likely to travel; and the method of transportation used to transport the goods.
Freight charges are calculated on the basis of weight, location of delivery and insurance charges which vary depending on the value of the product. All freight charges are the responsibility of the customer which are included in the postage and handling charges. The goods shall be at the customers's risk from the date of dispatch. TLGF is not responsible for any loss or damage:
a) To the goods during loading and unloading of the goods by the carrier or the Customer, whilst the goods are in transit;
b) Suffered by the Customer due to a delay in delivery of the goods by TLGF's nominated carrier.
Freight insurance for loss and damage to the goods during loading/unloading and whilst in transit or otherwise is inclusive in the delivery and handling charges. TLGF shall at the Customer's request provide the Customer with copies of all documents evidencing proof of collection by the nominated carrier.
8. Promotional Offer
All promotions in our website have a limited time period and stock level. Each promotion is deemed to be over whichever finishes first.
Considerable care has been taken in the preparation of all materials to ensure that errors and omissions are limited. Even with the greatest care inaccuracies do occur and TLGF is therefore not responsible for such errors or omissions. All information provided on this site is subject to change without notice. Photographs and graphics are used for representational purposes only and may not be the exact product or configuration as described. TLGF disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. The Customer assumes total responsibility for their use of TLGF's materials. The Customer's sole remedy against TLGF for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation or relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
TLGF reserves the right, at its sole discretion, to do any of the following at any time:
(a) To change, modify, add or remove portions of these terms and conditions, at any time;
(b) To modify, suspend or terminate operation of or access to the site or part thereof for any reason;
(c) To modify or change the site or part thereof and any applicable policies or terms; and
(d) To interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
It is the Customer's responsibility to check these terms and conditions periodically for changes. Continued use of TLGF's website and orders of goods following the posting of changes will mean that the Customer accepts and agrees to the changes.
10. Governing Law
These terms and conditions are in addition to and do not replace any terms, conditions, and warranties implied by federal and state laws of New South Wales, Australia.