Terms & Conditions
Welcome to the Momentum Coffee website. We, Momentum Coffee, operate this site and provide various information, tools, and services through it. Throughout these Terms and Conditions or “Terms of Services”, the terms “we,” “us,” and “our” refer to Momentum Coffee. By using our website, you agree to accept all the terms, conditions, policies, and notices outlined here. These Terms and Conditions apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.
Before accessing or using our website, please take the time to carefully read these Terms and Conditions. Your access or use of any part of the site implies your agreement to be bound by these terms and conditions. If you do not agree to all the terms and conditions, you should not access the website or use any of its services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these terms.
Please note that any new features or tools added to the website will also be subject to these Terms and Conditions. You can always review the most current version of the Terms on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates or changes on our website. It is your responsibility to check this page periodically for any modifications. By continuing to use or access the website following the posting of any changes, you accept and agree to those changes.
Our online store is hosted on Bluehost and developed on WordPress, which provides the e-commerce platform allowing us to sell products and services to you.
Online Store Terms
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, or that you have obtained the necessary consent from your minor dependents to use this site. You agree not to use our products for any illegal or unauthorized purpose and not to violate any laws in your jurisdiction, including copyright laws. Furthermore, you must not transmit any destructive code, such as worms or viruses. Violation of any of these terms will result in an immediate termination of services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that while your content (excluding credit card information) may be transferred unencrypted, credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without our express written permission. The headings used in this agreement are included for convenience and will not limit or affect the Terms.
Section 3 – Accuracy, Completeness, and Timeliness of Information
The information provided on this site may not always be accurate, complete, or up to date. It should be used for general reference purposes only and should not be the sole basis for making decisions. It is advisable to consult more reliable and timely sources of information before making any decisions. Your reliance on the material provided on this site is at your own risk. Historical information on this site is not current and is provided for reference purposes only. We reserve the right to modify the content of this site without notice, although we are not obligated to update any information. It is your responsibility to monitor any changes on our site.
Section 4 – Modifications to the Service and Prices
The prices of our products are subject to change without prior notice. We reserve the right to modify or discontinue the service, or any part of it, at any time without notice. We shall not be held liable for any modification, price change, suspension, or discontinuance of the service.
Section 5 – Products or Services
Certain products or services may be exclusively available online through our website. These products or services may have limited quantities and are subject to our Return Policy. While we make every effort to accurately display the colours and images of our products, we cannot guarantee the precise representation on your computer monitor. We reserve the right, but are not obligated, to limit the sales of our products or services to specific individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. Descriptions of products and pricing are subject to change without notice at our sole discretion. We may discontinue any product at any time. Any offers for products or services on this site are void where prohibited. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained from us will meet your expectations or that any errors in the service will be corrected.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order and, at our sole discretion, limit or cancel quantities purchased per person, household, or order. This includes orders placed using the same customer account, credit card, billing address, or shipping address. In the event of a change or cancellation of an order, we will attempt to notify you using the contact information provided at the time of ordering. We reserve the right to restrict orders placed by dealers, resellers, or distributors. It is your responsibility to provide current, complete, and accurate purchase and account information. Please promptly update your account details, including email address, credit card numbers, and expiration dates, to ensure smooth transactions and communication.
For more details, please refer to our Returns Policy.
Section 7 -Optional Tools
We may provide access to third-party tools on our site, but we do not monitor or control these tools. Your use of these optional third-party tools is at your own risk, and we do not provide any warranties, representations, or conditions regarding their use. We shall not be liable for any issues arising from or related to the use of these tools. You are solely responsible for understanding and approving the terms provided by the relevant third-party provider(s). Additionally, we may introduce new services and features through our website in the future, which will also be subject to these Terms of Service.
Section 8 – Third-Party Links
Our Service may include content, products, and services from third parties. When you click on third-party links on our site, you will be directed to websites that are not affiliated with us. We do not take responsibility for examining the content, accuracy, or reliability of these third-party materials or websites. Any transactions or interactions you have with third-party websites are at your own risk. It is important to review and understand the policies and practices of these third parties before engaging in any transactions. If you have any complaints, claims, concerns, or questions about third-party products, please contact the third party directly.
Section 9 – User Comments, Feedback, and Other Submissions
If you submit comments or other materials to us, whether at our request or voluntarily, you agree that we have the right to use, edit, publish, distribute, and translate those comments in any medium, without any restrictions. We are not obligated to maintain the confidentiality of comments, provide compensation for them, or respond to them. We may monitor and edit or remove content that we deem unlawful, offensive, threatening, defamatory, or otherwise objectionable. You are responsible for ensuring that your comments do not infringe upon any third-party rights and do not contain false, abusive, or unlawful material. We are not liable for any comments posted by you or any third party.
Section 10 – Personal Information
The submission of personal information through our store is governed by our Privacy Policy. Please refer to our Privacy Policy for more information.
Section 11 – Errors, Inaccuracies, and Omissions
Occasionally, there may be errors, inaccuracies, or omissions in the information provided on our site or through our Service. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if necessary, without prior notice. We are not obligated to update or clarify information on our site or in the Service, except as required by law.
Section 12 – Prohibited Uses
In addition to other prohibited uses stated in the Terms of Service, you are prohibited from using our site or its content for unlawful purposes, soliciting unlawful acts, violating regulations or laws, infringing upon intellectual property rights, engaging in harmful behavior, submitting false information, spreading viruses or malware, collecting personal information of others, engaging in spam or other malicious activities, using obscene or immoral content, or interfering with the security features of the Service. Violation of these prohibitions may result in termination of your use of the Service.
Section 13 – Disclaimer of Warranties, Limitation of Liability
We do not guarantee uninterrupted, timely, secure, or error-free use of our service. The results obtained from the use of the service may not always be accurate or reliable. We may remove or cancel the service at any time without notice. Your use of the service is at your own risk, and the service, products, and services provided are on an “as is” and “as available” basis, without any warranties or conditions, express or implied. We are not liable for any damages arising from the use of the service, including but not limited to lost profits, lost data, or any other consequential damages, except where required by law.
Section 14 – Indemnification
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of the Terms of Service or violation of any law or the rights of a third party.
Section 15 – Severability
If any provision of the Terms of Service is deemed unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from the Terms of Service without affecting the validity and enforceability of the remaining provisions.
Section 16 – Termination
The obligations and liabilities incurred before the termination date will survive the termination of the agreement. These Terms of Service remain effective until terminated by either you or us. You may terminate these Terms of Service by notifying us or ceasing to use our Services. We may also terminate the agreement at any time without notice if you fail to comply with the terms. In such cases, you will be responsible for any amounts due up to the termination date.
Section 17 – Entire Agreement
The failure to exercise or enforce any right or provision in the Terms of Service does not constitute a waiver of such right or provision. These Terms of Service, along with any posted policies or rules, constitute the entire agreement between you and us, superseding any prior agreements or communications.
Section 18 – Government Law
These Terms of Service and any separate agreements for Services are governed by and construed in accordance with the laws of Australia.
Section 19 – Changes to Terms of Services
The most current version of the Terms of Service can be reviewed at any time on our website. We reserve the right to update, change, or replace any part of the Terms of Service by posting updates on our website. Your continued use of the website or the Service after any changes are posted constitutes your acceptance of those changes.
Section 20 – Contact Information
For questions regarding the Terms of Service, please contact us at [email protected]
Shipping & Returns
Shipping within Australia
All web orders within Australia are shipped via Australia Post or StarTrack depending on the region and delivery address. If you would prefer one method, please make a note of your preference in the comments section of your order.
If requested, we will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with delivery companies who we believe will do their best to deliver products in the best condition and by the estimated delivery date.
Receive free shipping with all orders $100 and over. We dispatch daily (Monday to Thursday). All orders will leave the roastery within 2 business days of order being received.
Shipping Outside of Australia
For now, we are shipping internationally only on request. Please get in contact with us at [email protected]. We welcome suggestions and preferred shipping methods. Any items posted outside of Australia are posted at the buyer’s liability. Momentum Coffee takes no responsibility for orders lost in transit when posting internationally.
Incorrect addresses
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter an incorrect address, we are not obliged to resend the order to the correct address at our expense.
Parcel Does Not Arrive
It is the responsibility of the customer to inform Momentum Coffee if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the delivery company . We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched solely at our discretion.
As a guide only, our couriers attempt to deliver to business or home addresses Monday to Friday between 9am and 5pm. Unfortunately, we are unable to give you a guaranteed time of delivery.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery. Late delivery does not constitute a failure of our agreement and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Returns and Exchanges Policy
As coffee is a perishable product, we are unable to accept returns or exchanges for change of mind purchases. If you encounter any issues with your order, please reach out to us at [email protected], and we will promptly assist you with any of your concerns.