Company details
| Legal entity | Teafy Pty Ltd |
| ABN | 63 658 494 010 |
| ACN | 658 494 010 |
| Business address | Factory 17, 3 Audsley Street, Clayton South VIC 3169, Australia |
| Returns centre | Factory 17, 3 Audsley Street, Clayton South VIC 3169, Australia |
| Email | info@teafy.com.au |
| Phone | 1300 986 888 |
By accessing www.teafy.com.au (the Site), creating an account, placing an Order, joining the Teafy Rewards Program, or commencing a Subscription, you agree to be bound by these Terms and Conditions (Terms).
1Acceptance, variation and structure
1.1These Terms govern all purchases, Subscriptions, Rewards Program participation and use of the Site.
1.2By accessing the Site, creating an account, or placing an Order, you accept and agree to be legally bound by these Terms.
1.3We may amend these Terms at any time. Where an amendment materially affects your rights, including changes to Subscription pricing, minimum terms, cancellation rules, refund rights, or Rewards Program earn or redemption rates, we will give you at least 14 days notice before the change takes effect, by email to your registered address or by publication on the Site. You may cancel your Subscription or close your account at any time before the change takes effect, without cost and without incurring any Discount Recovery Amount under clause 9.
1.4Amendments do not apply retrospectively to Orders already accepted by us before the effective date.
1.5These Terms incorporate by reference the Teafy Shipping and Returns Policy, the Teafy Rewards and Referrals Program Terms, the Teafy Privacy Policy, and any other policy published on the Site. Where there is inconsistency, these Terms prevail, except that information displayed at checkout at the time you place an Order prevails as to price, shipping fee, free shipping threshold and Subscription frequency for that Order.
1.6These Terms are governed by the laws of Victoria, Australia. You submit to the non exclusive jurisdiction of the courts of Victoria and courts competent to hear appeals from them.
1.7If any provision is invalid, illegal or unenforceable, it is severed and the remainder continues in full force.
1.8Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law (ACL, Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Every clause in these Terms is read subject to this clause 1.8.
2Definitions
ACLmeans the Australian Consumer Law.
Business Daymeans a day that is not a Saturday, Sunday or public holiday in Victoria, Australia.
Carriermeans Australia Post or any other delivery provider engaged by us.
Consumablesmeans food and beverage products supplied for consumption, including tea, matcha, and any powdered, loose leaf or packaged edible product.
Customer Portalmeans the account area of the Site through which you manage your account, Orders, Subscription and Rewards balance.
Delivery Instructionmeans any instruction, election or authority given by you, at checkout, in your account, to the Carrier directly, or through a Carrier app or delivery preference service, directing how a parcel is to be delivered in your absence. This includes Authority to Leave, Safe Drop, a nominated safe place, a nominated parcel locker or collection point, or a request to leave with a neighbour or building concierge.
Discount Recovery Amounthas the meaning given in clause 9.8.
Goodsmeans all products supplied by us.
Minimum Termhas the meaning given in clause 9.4.
Ordermeans an order placed via the Site, including a Subscription Order.
Pointsmeans Teafy Rewards Program points.
Rewards Programmeans the Teafy Rewards and Referrals Program.
RTSmeans returned to sender by the Carrier for any reason not caused by us, including non collection, failed delivery attempts, refusal of delivery, or an incorrect, incomplete or invalid address.
Stockistmeans a retailer, cafe, wholesaler or other business that we have authorised in writing to resell our Goods.
Stored Payment Methodmeans the payment card or other payment instrument you provide and authorise us to store and charge under clause 9.
Subscriptionmeans a recurring Order placed through our Subscribe and Save service.
Subscriber Pricemeans the discounted price available only to active Subscribers, as described in clause 10.
3Accuracy of Site information
3.1We publish Site content in good faith. Descriptions, pricing, promotions, images and packaging details may vary or contain occasional errors.
3.2To the maximum extent permitted by law, and subject to clause 1.8, we are not liable for loss arising from reliance on Site material, including errors, delays, omissions or interruptions.
3.3Where a Site pricing error is manifest, meaning the displayed price is so far below the correct price that a reasonable person would recognise it as an error, we may cancel the affected Order and refund you in full. We will notify you before cancelling and will not charge you anything.
4Product descriptions, net weight and consumable Goods
Product descriptions and natural variation
4.1Product images, photography and descriptions are illustrative. Packaging, labelling and presentation may change from time to time without notice.
4.2Matcha, tea and other agricultural products are natural products. Colour, aroma, particle fineness, texture, sweetness, astringency, foam behaviour and flavour vary naturally between harvests, lots, growing seasons and farms.
4.3Variation of the kind described in clause 4.2 is not a defect and does not of itself give rise to a right of refund, replacement or credit.
4.4Fine powdered products, including matcha and hojicha powder, may settle, compact, clump or develop static during transit and storage. Settling and clumping are normal characteristics of finely milled tea powder and are not defects. A pack may appear less full than expected by volume while containing the correct weight.
4.5Green tea products naturally lose colour vibrancy over time through oxidation and exposure to light, heat and air. This is a normal characteristic of the product and is not a defect.
Net weight and fill tolerance
4.6All Goods are packed by weight, not by volume. The net weight stated on the pack is the governing measure of quantity.
4.7Our products are filled using calibrated automated equipment operating to a tolerance of approximately plus or minus 1 gram per pack. Individual packs may therefore contain slightly more or slightly less than the stated net weight.
4.8Variation within the tolerance described in clause 4.7 is a normal and expected characteristic of automated food packing and is not a defect, a shortfall or a failure to supply.
4.9Tea and matcha are hygroscopic, meaning they absorb and release atmospheric moisture. Net weight may vary marginally with ambient humidity and temperature between packing, transit, storage and the point at which a pack is weighed.
4.10Clauses 4.7 to 4.9 disclose our packing tolerance. They do not exclude, limit or modify any obligation we have under the National Measurement Act 1960 (Cth), the National Trade Measurement Regulations 2009 (Cth), or any other trade measurement law.
4.11If you believe a pack is materially underweight, contact us with the pack, the batch code and the weight recorded on a calibrated scale, and we will investigate and provide a remedy where one is required.
Consumable Goods, food safety and health
4.12Our Goods are food products intended for ordinary consumption as a beverage or culinary ingredient, prepared in accordance with the directions on the pack.
4.13It is your responsibility to read the ingredients, allergen statements, directions and warnings on the pack before consuming any Goods, and before serving them to any other person.
4.14Our Goods are produced and packed in facilities that handle tea, matcha and other plant based products. While we take care to prevent cross contamination, we cannot guarantee that any product is free from traces of allergens present in the production environment. If you have a serious allergy or intolerance, do not consume our Goods without first checking the current pack labelling and contacting us.
4.15Tea and matcha naturally contain caffeine and other naturally occurring plant compounds. Caffeine content varies naturally between products, harvests and preparation methods. If you are pregnant, breastfeeding, taking medication, or have a medical condition affected by caffeine or by green tea, seek advice from a qualified health practitioner before consuming our Goods.
4.16Our Goods are food, not therapeutic goods. Nothing on the Site, on our packaging, in our marketing, or in any blog, recipe or educational content constitutes medical, nutritional or health advice, or a representation that any product will prevent, treat, cure or alleviate any disease, ailment or condition. You should not rely on any such content as a substitute for advice from a qualified health practitioner.
4.17Where we publish laboratory testing results, certifications or origin information, those statements relate to the specific lots tested or certified at the time of testing or certification, and are not a warranty as to any other lot.
4.18Best before dates indicate the period during which the product retains its optimal quality when stored in accordance with the storage directions on the pack. A best before date is a quality indicator, not a safety expiry, unless the pack states otherwise.
4.19Once Goods have been delivered, you are responsible for storing them in accordance with the directions on the pack, including keeping them sealed, dry, and away from heat, light, moisture and strong odours. We are not liable for deterioration, spoilage, loss of colour, loss of flavour, clumping or contamination arising from storage, handling, decanting, repackaging or preparation after delivery.
4.20You must not resupply, resell, decant, repackage, relabel or supply our Goods to any other person in the course of a business without a written wholesale agreement with us. Doing so may breach food safety and labelling law, and is a breach of clause 7.5(d).
4.21Where we conduct a product withdrawal or recall, you must stop consuming and stop supplying the affected Goods immediately and follow the instructions we publish. You agree to cooperate reasonably with any withdrawal or recall, including by providing batch codes and proof of purchase.
4.22Nothing in this clause 4 excludes, restricts or modifies any consumer guarantee or other right or remedy under the ACL or under food safety law that cannot lawfully be excluded, including the guarantee that Goods are of acceptable quality and safe.
5Pricing, GST and invoicing
5.1All prices are in Australian Dollars.
5.2Most tea and matcha products are GST free food under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Non food items, including teaware, accessories and gift packaging, include GST unless stated otherwise. The tax treatment applicable to each Order is shown at checkout.
5.3We will issue a tax invoice where required.
5.4Prices displayed at checkout at the time an Order is placed apply to that Order. Price changes are not retrospective to Orders already accepted, but do apply to future Subscription cycles in accordance with clause 9.10.
6Orders, title and acceptance
6.1An Order submitted via the Site is an offer to purchase Goods.
6.2We may accept or decline any Order. An Order is accepted when we issue an Order Confirmation email. Payment authorisation alone does not constitute acceptance.
6.3Title in Goods passes to you on receipt of payment in full.
6.4We may decline or cancel an Order, and will refund any amount already paid, where:
(a)payment fails, is reversed, or is subject to an unresolved dispute;
(b)we reasonably suspect fraud, payment instrument misuse, or reseller or arbitrage activity in breach of clause 7.5;
(c)address details are incorrect, incomplete or invalid and cannot be verified;
(d)a manifest pricing or listing error occurred;
(e)the Goods are unavailable;
(f)the Order breaches a purchase limit, promotion limit or Rewards Program rule;
(g)the account has previously been suspended or closed under clause 7 or clause 15; or
(h)we have declined to supply you under clause 15.6.
6.5Where we cancel an Order under clause 6.4, we will notify you by email with the reason and refund the full amount paid to the original payment method within 5 Business Days. We do not retain a fee for a cancellation we initiate.
6.6We may impose reasonable quantity limits per Order, per account, per household or per delivery address, and will display those limits on the relevant product page or at checkout.
6.7We reserve the right to refuse to supply any person. Refusal to supply does not require a reason and does not limit any right you have under the ACL in respect of Goods already supplied.
7Accounts, eligibility and misuse
7.1You must provide accurate, current and complete information when creating an account, and keep it up to date.
7.2You are responsible for all activity conducted under your account and for safeguarding your credentials.
7.3You may hold one Teafy account. You must not create or operate multiple accounts, whether under different email addresses, name variants, phone numbers, payment instruments or delivery addresses, for the purpose of:
(a)claiming a first order, welcome or sign up discount more than once;
(b)claiming referral rewards on your own purchases or those of a person in the same household;
(c)accumulating or redeeming Points beyond the limits in the Rewards and Referrals Program Terms;
(d)circumventing a purchase limit or a Subscription Minimum Term;
(e)obtaining Subscriber Pricing without maintaining an active Subscription; or
(f)evading a restriction, suspension or refusal to supply imposed under clause 7.6, clause 15 or clause 6.7.
7.4We may treat two or more accounts as a single account where they share a payment instrument, delivery address, device fingerprint or phone number, or where the account details are materially similar and the pattern of activity indicates common control. We will notify you before acting on a linking determination and will give you a reasonable opportunity to respond under clause 7.7.
7.5You must not:
(a)use, share, publish, sell, post or distribute any discount code, reward code, referral link or promotional code issued to you, other than for your own personal use on your own account;
(b)use a discount code, reward code or promotional code that was not issued to you or that you did not earn, including a code obtained from a coupon aggregation website, browser extension, social post, forum, messaging group or any third party;
(c)use automated means, including bots, scripts, scrapers, code generators or brute force tools, to create accounts, place Orders, generate or test discount codes, or accumulate Points;
(d)purchase Goods for commercial resale without a written Teafy wholesale agreement;
(e)submit a review, referral or social action that is fabricated, incentivised outside the Rewards Program, or not based on genuine experience;
(f)place Orders with the intention of earning or redeeming Points and then cancelling, refunding or charging back the Order;
(g)make a claim of the kind described in clause 15.2;
(h)lodge a chargeback in circumstances prohibited by clause 17; or
(i)behave abusively, threateningly or aggressively toward our staff or contractors.
7.6Where we reasonably determine, on the basis of evidence, that you have breached clause 7.3 or 7.5, we may take one or more of the following steps, proportionate to the breach:
(a)reverse or void the discount improperly obtained, and charge the difference between the discounted price and the standard retail price for the affected Order or Orders to your Stored Payment Method;
(b)adjust or cancel Points improperly earned, and reverse rewards improperly redeemed;
(c)deactivate the affected code and cancel the affected Order;
(d)suspend, restrict, merge or close the affected accounts;
(e)remove you from the Rewards Program;
(f)impose the conditions described in clause 15.5; and
(g)decline future Orders.
We will not charge you under clause 7.6(a) an amount greater than the discount you actually received.
7.7Before we suspend or close an account, or charge an amount under clause 7.6(a), we will notify you by email setting out what we consider occurred and the action we propose to take, give you 5 Business Days to respond, and consider your response in good faith before acting. We may act immediately without prior notice, and give notice as soon as practicable afterwards, where we reasonably suspect fraud, unauthorised use of a payment instrument, or conduct that threatens the safety of a person.
7.8We will retain the evidence on which a determination under clause 7.6 is based for at least 12 months, and will provide a summary of it to you on request.
8Rewards Program
8.1The Teafy Rewards and Referrals Program is governed by the Teafy Rewards and Referrals Program Terms, published on the Site and incorporated into these Terms.
8.2Points are a promotional benefit. Points are not property, not currency, not legal tender, and have no cash value. Points cannot be sold, transferred, gifted, bequeathed, pooled between accounts, or exchanged for cash.
8.3Reward codes and referral links are personal to the account that earned them and are not transferable.
8.4Points are earned on an Order only when that Order is fulfilled, and become available for redemption in accordance with the Rewards and Referrals Program Terms. Points shown in your account before that time are provisional only, may be adjusted or withdrawn, and do not represent an entitlement.
8.5Where an Order that generated Points is refunded, cancelled, charged back, returned or RTS, the Points earned on that Order are reversed. If those Points have already been redeemed, we may recover the value of the reward redeemed, including by charging your Stored Payment Method the difference between the discounted price and the standard retail price of the Goods obtained using that reward, capped at the value of the reward actually received.
8.6Participation in the Rewards Program is free and voluntary. We may vary or terminate the Rewards Program on 30 days notice, during which you may redeem any Points already accrued.
9Subscriptions and payment authorisation
9.1Payment authorisation
By selecting Subscribe and Save, or by otherwise storing a payment method with us, you:
(a)authorise us and our payment processor to store your payment card or other payment instrument as your Stored Payment Method;
(b)authorise us to charge the Stored Payment Method, without seeking further authorisation from you at the time of each charge, for:
(i)each recurring Subscription Order at the frequency you selected, at the price then applying under clause 9.10;
(ii)any Discount Recovery Amount payable under clause 9.8;
(iii)any amount payable under clause 7.6(a), clause 8.5 or clause 15.7 following a determination made in accordance with clause 7.7; and
(iv)any re shipping, RTS or handling cost you have agreed to pay under clause 11.7;
(c)confirm that you are the authorised holder of the Stored Payment Method and that you are authorised to give this authority; and
(d)agree that this authority continues until the Subscription is cancelled and all amounts payable under these Terms have been paid.
9.2You must keep your Stored Payment Method current. You authorise us and our payment processor to receive and apply updated card details supplied by your card issuer or through a card network account updater service, so that your Subscription continues without interruption.
9.3We will send you a receipt or itemised notice by email for every charge made under clause 9.1. Notice is given after the charge and is not a condition of our authority to make it.
9.4Minimum Term
(a)A Minimum Term of two consecutive billing cycles applies to every Subscription, unless a different Minimum Term is stated at checkout.
(b)The Minimum Term is satisfied when two Subscription Orders have been paid for and dispatched.
(c)The Minimum Term, the Subscriber Price, the standard retail price, and the maximum Discount Recovery Amount are displayed on the product page and again at checkout before you complete your first Subscription Order, and you must confirm that you have read them.
9.5Cancellation, pausing and skipping
(a)You may cancel, pause or skip a Subscription at any time via the Customer Portal or by emailing info@teafy.com.au.
(b)To avoid being charged for the next cycle, cancellation must be actioned at least one Business Day before the scheduled renewal date.
(c)Cancelling after the Minimum Term is complete costs you nothing.
(d)Cancelling before the Minimum Term is complete triggers the Discount Recovery Amount under clause 9.8.
(e)Pausing or skipping does not end the Subscription and does not trigger a Discount Recovery Amount. A pause defers the Minimum Term. It does not satisfy it.
(f)If you contact us shortly after a renewal charge and before the Goods have been dispatched, we will cancel and refund that renewal in full.
9.6If you cancel a Subscription before the first Subscription Order is dispatched, the Subscription is treated as never having commenced. No Discount Recovery Amount applies and you receive a full refund.
9.7Subscriber Pricing is conditional pricing. It is offered in exchange for a commitment to receive a minimum number of deliveries, and it is not a retail price available on any other basis.
9.8Discount Recovery Amount
(a)If you cancel a Subscription before the Minimum Term is complete, you agree to pay the Discount Recovery Amount.
(b)The Discount Recovery Amount is the standard retail price less the Subscriber Price, multiplied by the number of Subscription Orders already dispatched to you.
(c)The Discount Recovery Amount will never exceed the total discount you have actually received. It is not a fee, a penalty, an exit charge or a cancellation charge. It is the repayment of a conditional discount whose condition was not met.
(d)Example. Standard retail price $31.99. Subscriber Price $28.79. You receive one Subscription Order at $28.79 and then cancel. The Discount Recovery Amount is $3.20. If you had received both Orders of the Minimum Term, the Discount Recovery Amount would be nil.
(e)You authorise us to charge the Discount Recovery Amount to your Stored Payment Method at the time of early cancellation under clause 9.1(b)(ii). This authorisation is given in advance on the basis of the disclosure required by clause 9.4(c).
(f)We will email you an itemised notice within one Business Day of charging a Discount Recovery Amount, showing the calculation. If you believe the amount is wrong, contact us and it will be reviewed and corrected if in error.
(g)The Discount Recovery Amount does not apply where you cancel because we have breached these Terms or a consumer guarantee, where you cancel following a variation notified under clause 1.3 or clause 9.10, where you cancel before the first dispatch, where we cancel or suspend the Subscription, or where the Goods supplied failed to meet a consumer guarantee.
9.9Payment failure
(a)If a Subscription payment fails, we will retry the charge up to 3 times over 7 days and notify you by email on the first failure.
(b)If payment has not succeeded after the retry period, we may suspend the Subscription. Suspension for payment failure does not satisfy the Minimum Term.
(c)A Subscription suspended for non payment for more than 30 days may be cancelled by us, and we may charge the Discount Recovery Amount, because the Minimum Term commitment has not been met.
9.10Subscription price changes
(a)Subscription prices are not fixed for the life of the Subscription. We may change the Subscriber Price, the standard retail price, shipping fees, or the products available on Subscription, at any time and by any amount, including to reflect changes in supplier, freight, packaging or regulatory costs.
(b)We will notify you of a price change by email to your registered address, or through the Customer Portal, at least 10 days before the first Subscription Order to which the new price applies.
(c)A price change takes effect from the next Subscription Order billed after the notice period ends. It does not apply retrospectively to Orders already charged.
(d)If you do not accept the new price, you may cancel or pause your Subscription at any time before the new price takes effect. If you cancel for that reason, no Discount Recovery Amount applies, even if the Minimum Term is not complete.
(e)If you do not cancel or pause before the new price takes effect, you are taken to have accepted it, and you authorise us to charge the new price to your Stored Payment Method under clause 9.1(b)(i).
(f)It is your responsibility to keep your registered email address current. A notice sent to your registered email address is taken to be received.
9.11Subscription Orders affected by incorrect addresses, non collection, failed delivery attempts, refusal of delivery or other RTS events not caused by us are handled under clause 11.7. An RTS event does not satisfy the Minimum Term unless the Order was paid for and dispatched.
10Subscriber pricing
10.1Subscriber Pricing is available only through an active Subscription. It is not available on one time Orders, and is not a retail price.
10.2Subscriber Pricing applies only for so long as the Subscription remains active. If a Subscription is cancelled, suspended or lapses, pricing reverts to standard retail immediately.
10.3Unless expressly stated at checkout, Subscriber Pricing cannot be combined with a welcome, first order or sign up discount code, a Rewards Program redemption code, a referral code, or any other promotional discount. Where more than one discount is technically applied to a Subscription Order, we will apply the single highest value discount, reverse the others, and notify you.
10.4Where an account has completed and cancelled a Subscription, any promotional or introductory Subscriber Pricing offered to new Subscribers is not available again on that account, or on any linked account under clause 7.4, for 90 days from the date of cancellation. Standard Subscriber Pricing remains available at any time.
10.5Repeated cycling of subscribe and cancel activity designed to obtain introductory pricing is a breach of clause 7.5 and is dealt with under clause 7.6.
11Shipping, Delivery and risk
The full terms are in the Teafy Shipping and Returns Policy. This clause sets out the core position.
11.1Standard processing is 1 to 2 Business Days, up to 3 Business Days in peak periods. Express processing is same day or next Business Day where available. International processing is 3 to 5 Business Days before handover to the international carrier.
11.2Delivery timeframes shown at checkout or on the Site are estimates only. We are not liable for delays caused by Carriers, customs, weather, industrial action or other events beyond our reasonable control. This does not affect the consumer guarantee that Goods be supplied within a reasonable time.
11.3Risk in the Goods remains with us until the Goods are delivered to the address you nominated, or to a collection point or parcel locker you nominated.
11.4Where you have given a Delivery Instruction, you are directing us and the Carrier to complete delivery in your absence by leaving the Goods unattended. In that case delivery is complete, and risk passes to you, when the Carrier leaves the Goods in accordance with your Delivery Instruction and records that event by tracking scan, Safe Drop confirmation and, where the Carrier provides it, a photograph or GPS record. We are not liable for theft of, interference with, or damage to Goods occurring after delivery has been completed under this clause.
11.5Where the Carrier records delivery but you did not receive the Goods, notify us within 7 days of the recorded delivery date. We will open an investigation with the Carrier and may ask you to check with household members, neighbours and the property's usual safe places, to provide a written statement or statutory declaration that the Goods were not received, and to cooperate in good faith with the Carrier's investigation.
(a)Where the Carrier accepts the claim, pays compensation, or cannot produce evidence of delivery to the nominated address, we will replace or refund the Order at your election.
(b)Where the Carrier produces evidence of delivery to the nominated address and declines the claim, and you gave a Delivery Instruction, clause 11.4 applies and we are not obliged to replace or refund.
(c)Where the Carrier produces evidence of delivery but you did not give a Delivery Instruction, we will assess the claim on its merits and will replace or refund where the consumer guarantees require it.
(d)Clause 15 applies to repeated or unsupported claims.
(e)Nothing in this clause limits your rights under the ACL.
11.6You must provide a complete, accurate and current delivery address. If you provide an incorrect, incomplete or invalid address and the Order is dispatched, we are not responsible for non delivery or delay caused by that error, and clause 11.7 applies. You may correct an address before dispatch at no cost. After dispatch, redirection is subject to Carrier approval and Carrier fees are your responsibility.
11.7Where an Order is RTS for a reason not caused by us, we cannot restock or resell Consumables for food safety reasons. In that case we will, at your election, re ship to a corrected address with re shipping paid by you in advance, or refund the price of the Goods less the actual outbound shipping cost we paid, any RTS fee charged by the Carrier, and a handling cost not exceeding $5.00. Where the Order originally received free or subsidised shipping, we may still deduct the actual outbound shipping cost we paid. We will provide evidence of the costs deducted on request. Free shipping does not apply to re delivery of an RTS or unclaimed parcel.
12Returns, food safety and consumer guarantees
12.1Returns are governed by the Teafy Shipping and Returns Policy, incorporated into these Terms.
12.2For food safety and hygiene reasons, Consumables cannot be returned once dispatched, and we do not offer change of mind refunds on Consumables. This does not apply where the Goods are faulty, damaged in transit, not as described, or otherwise fail a consumer guarantee.
12.3Non consumable Goods may be returned within 14 days of delivery if unused, unopened with seals intact, in original packaging, and with proof of purchase.
12.4Notify us of damage in transit, missing items, incorrect items or suspected defects as soon as practicable, preferably within 7 days of delivery for transit damage and within 14 days in any other case, with photographs of the outer packaging, inner packaging, shipping label and affected Goods. Late notification may make investigation harder but does not limit your rights under the ACL.
12.5We may require you to retain the Goods, packaging and batch code for inspection, and to provide reasonable evidence, before a remedy is provided. We may decline a claim that is not supported by reasonable evidence, subject to clause 1.8.
12.6Goods come with guarantees that cannot be excluded under the ACL. For a major failure you may choose a refund or replacement and compensation for any other reasonably foreseeable loss. For a minor failure we may choose to repair, replace or refund.
12.7Refunds are made to the original payment method. Store credit is offered only where you agree to it.
12.8Goodwill credit. We may, at our discretion, add store credit to your account as a goodwill gesture. Goodwill credit is free, has no cash value, cannot be transferred or exchanged for cash, and can be used on the Site when you are signed in to your account or using Shop Pay. It expires on the date shown when it is issued, which is 12 months unless we tell you otherwise, and it cannot be used for Subscription renewals. Goodwill credit is in addition to, and never instead of, your rights under the Australian Consumer Law.
13Promotions, discount codes and free shipping
13.1Only one discount code may be applied per Order. Codes do not stack with each other, with Subscriber Pricing, or with Rewards Program redemptions, unless expressly stated.
13.2Every discount code, reward code and referral link issued to you is licensed to you for your own personal use on your own account. It is not transferable and must not be shared, published or posted.
13.3A discount code obtained from a coupon aggregation site, browser extension, social post, forum or any third party, and which was not issued to you by us, is not valid and you have no right to use it, regardless of whether the checkout accepts it. Acceptance of a code at checkout is not a representation that the person using it is entitled to it. Where such a code is used, we may exercise our rights under clause 7.6, including charging the difference between the discounted price and the standard retail price to your Stored Payment Method.
13.4A welcome, first order or sign up discount is available once per person, once per household and once per delivery address, whichever occurs first.
13.5Promotions may be varied or withdrawn at any time. Withdrawal does not affect an Order already accepted.
13.6Free shipping thresholds, eligibility criteria and shipping fees are those displayed at checkout at the time of purchase. Where the Site displays inconsistent information, the checkout display prevails for that Order.
13.7Where a partial refund or return reduces an Order below a free shipping or discount threshold, we may deduct the shipping cost or discount benefit that would not have applied, from the refund. We will itemise any such deduction.
14Purchases from Stockists and third party sellers
14.1These Terms apply to Goods purchased directly from us through the Site. They do not apply to Goods purchased from a Stockist or any other third party.
14.2Where you buy our Goods from a Stockist, your contract of sale is with that Stockist. The Stockist is the supplier for the purposes of the consumer guarantees relating to that sale, and you should direct any request for a refund, exchange, return, change of mind, delivery issue or proof of purchase to the Stockist.
14.3We do not control, and are not responsible for, a Stockist's pricing, promotions, delivery, storage conditions, stock rotation, handling, staff training, representations, or terms of sale. A Stockist is not our agent and has no authority to make any representation, warranty or commitment on our behalf.
14.4Tea and matcha are perishable and degrade with exposure to heat, light, air and moisture. Once Goods have left our control we cannot verify how they have been stored, how old they are, or whether they remain in the condition in which we supplied them.
14.5We give no warranty in respect of, and accept no responsibility for, Goods purchased from any seller we have not authorised in writing, including online marketplace listings, auction sites, social media sellers, and grey market or parallel import sellers. Such Goods may be counterfeit, expired, tampered with, decanted, relabelled, or stored in conditions that compromise quality and safety. We are not able to verify their authenticity and will not provide remedies in respect of them.
14.6A list of authorised Stockists is available from us on request. If you are unsure whether a seller is authorised, contact us before purchasing.
14.7Clause 14 does not exclude, restrict or modify any liability we have as a manufacturer or importer under Part 3-5 or Part 5-4 of the ACL, or any other liability that cannot lawfully be excluded. Where the ACL gives you a direct right against us as manufacturer or importer, that right is unaffected.
14.8Regardless of where Goods were purchased, if you have a food safety concern about any product bearing our branding, contact us immediately at info@teafy.com.au. We will investigate every food safety report.
15Fraudulent, abusive and unsupported claims
15.1We investigate every claim in good faith and we resolve the overwhelming majority of genuine claims quickly and in the customer's favour. This clause applies only to the small number of claims that are not made in good faith, and exists to protect the pricing and service we are able to offer honest customers.
15.2You must not, and must not attempt to:
(a)claim that Goods were not received when they were received;
(b)claim that Goods were damaged, defective, short filled, incorrect or missing when they were not;
(c)submit fabricated, altered, reused, misattributed or misleading photographs, videos, documents or statements in support of a claim;
(d)claim a remedy for Goods that were consumed, used, discarded or given away, other than where a genuine defect is apparent on use;
(e)make duplicate claims for the same Order across more than one account, payment method, email address or communication channel;
(f)obtain a refund, replacement, credit, reward or free Goods by any false or misleading statement;
(g)retain both the Goods and a refund or replacement, without returning the Goods where we have reasonably required and paid for their return;
(h)lodge a chargeback after we have already provided a refund, replacement or credit for the same Order;
(i)exploit a technical fault, pricing error, discount code, Points balance or system error to obtain Goods, discounts or rewards you are not entitled to; or
(j)threaten to make, publish or escalate a complaint, review, chargeback or regulatory report for the purpose of obtaining free Goods, a refund or a benefit to which you are not entitled.
15.3Nothing in clause 15.2 prevents you from making a genuine claim, publishing an honest review, contacting your bank, or complaining to a regulator or ombudsman.
15.4Where you have previously received a remedy for a non receipt claim, we may require, for any further non receipt claim made within the following 12 months:
(a)a signed written statement, or where the value warrants it a statutory declaration, setting out the circumstances;
(b)a police report or event number where theft is alleged; and
(c)your cooperation with the Carrier's investigation.
15.5Where we reasonably determine that a pattern of claims is inconsistent with Carrier evidence, order history or ordinary experience, we may apply one or more of the following conditions to your account:
(a)require delivery with signature on delivery, at your cost;
(b)withdraw the option to select Authority to Leave or Safe Drop;
(c)require payment by a method that is not subject to chargeback;
(d)require prepayment or decline to offer Subscriptions or Rewards;
(e)limit order values or quantities; or
(f)decline to supply you in future under clause 6.7.
15.6We may close your account and refuse to supply you where we reasonably determine, on the basis of evidence, that you have engaged in conduct described in clause 15.2.
15.7Where you have obtained Goods, a refund, a replacement, a credit or a reward by conduct described in clause 15.2, you must pay us the value of what you obtained. We may charge that amount to your Stored Payment Method under clause 9.1(b)(iii), set it off against any amount we owe you, or recover it from you as a liquidated debt in any court of competent jurisdiction, together with the reasonable costs of recovery actually incurred.
15.8Making a false statement in a statutory declaration is an offence under the Statutory Declarations Act 1959 (Cth) and carries a maximum penalty of imprisonment. Obtaining property or a financial advantage by deception is an offence under the Crimes Act 1958 (Vic). Where we reasonably believe an offence has been committed, we may report the matter to Victoria Police or the police service in your state or territory, and to our payment processor and Carrier, and provide them with the relevant order, account, delivery and communication records.
15.9Before we act under clause 15.5, 15.6 or 15.7, we will notify you by email setting out what we consider occurred, give you 5 Business Days to respond, and consider your response in good faith. We may act immediately, and give notice as soon as practicable afterwards, where we reasonably suspect fraud or unauthorised use of a payment instrument.
15.10We retain claim evidence, Carrier records and account records for at least 24 months and will provide a summary to you on request.
15.11Nothing in clause 15 excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL that cannot lawfully be excluded. A genuine claim will always be assessed on its merits.
16Wholesale supply
16.1Wholesale purchases are governed by a separate written wholesale agreement and are not subject to these Terms except where the wholesale agreement says so.
16.2Wholesale customers and Stockists must comply with agreed brand, pricing, channel, storage, stock rotation and distribution rules.
16.3Retail Orders placed for the purpose of commercial resale, without a wholesale agreement, breach clause 7.5(d) and may be cancelled under clause 6.4(b).
16.4We may terminate a wholesale or Stockist relationship where our brand, product quality or food safety standards are not maintained, and may require the seller to cease describing itself as an authorised Stockist.
17Chargebacks and dispute resolution
17.1Before lodging a chargeback or payment dispute, you must contact us at info@teafy.com.au and give us a reasonable opportunity, being at least 5 Business Days, to investigate and resolve the issue. This does not apply where you reasonably believe your payment instrument has been used fraudulently by a third party.
17.2Nothing in clause 17.1 prevents you from exercising a right you have with your bank or card scheme, or from contacting a regulator or ombudsman.
17.3Where a chargeback is lodged without reasonable basis, including after we have provided evidence of delivery consistent with clause 11.4, after we have already provided a remedy, or in respect of Goods you have received and retained, we may recover the reasonable third party costs we actually incur in responding, including payment processor chargeback fees. We will provide evidence of those costs.
17.4We may provide our payment processor and the card scheme with order records, Carrier tracking and delivery evidence, account records and communication history in response to a chargeback.
17.5We may pursue recovery in any court of competent jurisdiction.
18Intellectual property
18.1TEAFY, the Teafy name, logos, branding, trade dress, packaging design, product names, Site content, photography, recipes and formulations are proprietary to Teafy Pty Ltd.
18.2The Teafy marks are protected under the Trade Marks Act 1995 (Cth). Unauthorised use constitutes infringement.
18.3You must not use, copy, imitate, reproduce, distribute or modify our intellectual property without prior written permission. This includes using our brand, product images or copy in marketplace listings, advertising or social media in a way that suggests an association, endorsement or authorised reseller relationship that does not exist.
18.4We may issue cease and desist notices, claim damages, seek injunctive relief, apply for orders under the Trade Marks Act 1995 (Cth) and the Australian Consumer Law, and recover legal costs as awarded by a court or agreed.
18.5By submitting a review, photograph or other content to us, or tagging us on social media, you grant us a non exclusive, royalty free, worldwide licence to reproduce and display that content in our marketing. You may withdraw this licence for future use by emailing info@teafy.com.au.
19Reviews, defamation and public conduct
19.1We welcome honest reviews, including critical ones. Nothing in these Terms prevents you from publishing an honest opinion based on your genuine experience, or from making a complaint to a regulator, ombudsman or consumer body.
19.2You must not publish or communicate about us, our staff, our products or our suppliers, any statement that is:
(a)knowingly false or fabricated;
(b)presented as a genuine customer experience when you are not a genuine customer;
(c)made for the purpose of extracting a refund, free Goods or other benefit, contrary to clause 15.2(j);
(d)a false allegation about the safety, contents, origin, certification or testing of our products; or
(e)harassing, threatening, abusive or intimidating toward any person.
19.3Where we consider published content is false and defamatory, we may request correction or removal, issue a Concerns Notice under the Defamation Act 2005 (Vic), and commence proceedings seeking damages, injunctive relief and costs.
19.4Where a false statement about the safety, contents, certification or origin of our products causes or is likely to cause us loss, we may also pursue remedies for injurious falsehood and for misleading or deceptive conduct in trade or commerce under the Australian Consumer Law.
19.5We may report content that constitutes harassment, menacing or offensive use of a carriage service, or a threat, to the eSafety Commissioner, the relevant platform, or police.
19.6We will not suspend or close a customer account, withhold a refund, withhold a remedy, or condition any remedy on the removal, alteration or moderation of a review.
20Indemnity
20.1You indemnify us against loss, liability, damage and reasonable costs arising from your breach of these Terms, your fraud or unlawful activity, your breach of clause 15, or your misuse, resupply or misrepresentation of the Goods.
20.2This indemnity does not apply to the extent the loss arises from our own breach, negligence, or failure to meet a consumer guarantee or other non excludable obligation.
20.3This indemnity is limited to loss that is reasonably foreseeable and directly attributable to your conduct.
21Limitation of liability
21.1Subject to clause 1.8, we exclude liability for indirect, consequential and special loss, and for loss of profits, revenue or opportunity.
21.2Subject to clause 1.8, our total liability arising from an Order is limited to the amount paid for the Goods the subject of the claim.
21.3We are not liable for delivery delays or failures caused by Carriers or events beyond our reasonable control, subject to clauses 11.3 to 11.5.
21.4We are not liable for loss arising from your failure to follow the storage, preparation or allergen directions on the pack, or from Goods acquired otherwise than in accordance with clause 14.
21.5Nothing in this clause limits any right or remedy under the ACL that cannot be excluded.
22Invoiced and wholesale accounts
22.1This clause applies only to invoiced, wholesale and business accounts. It does not apply to consumer Orders paid at checkout.
22.2Invoiced amounts are payable by the due date.
22.3Overdue amounts may accrue interest at the rate stated on the invoice, being a reasonable pre estimate of our financing and administration costs, capped at the maximum permitted by law.
22.4We may suspend supply until overdue amounts are paid.
22.5You agree to pay reasonable debt recovery costs actually incurred.
23Complaints and escalation
23.1Complaints should be sent to info@teafy.com.au. We will acknowledge within 2 Business Days and respond substantively within 10 Business Days.
23.2If you are not satisfied with the outcome, you may contact Consumer Affairs Victoria at consumer.vic.gov.au or 1300 55 81 81, the ACCC at accc.gov.au, or the consumer protection agency in your state or territory.
23.3We will not treat a complaint to a regulator as a breach of these Terms.
24Notices
24.1We may give notice by email to your registered address, by posting on the Site, or through the Customer Portal.
24.2You must keep your contact details current. A notice sent to your registered email address is taken to be received on the next Business Day.
24.3You may give notice to us at info@teafy.com.au.
25General
25.1These Terms, together with the policies incorporated under clause 1.5, constitute the entire agreement between you and us in respect of Goods purchased through the Site, and supersede all prior representations and understandings.
25.2No representation, warranty or commitment made by any person other than us in writing forms part of these Terms.
25.3A failure or delay by us to exercise a right under these Terms is not a waiver of that right, and a single or partial exercise does not prevent any further exercise.
25.4We may assign or novate our rights and obligations under these Terms in connection with a sale or restructure of our business. You may not assign your rights without our written consent.
25.5We are not liable for any failure or delay in performing our obligations caused by an event beyond our reasonable control, including natural disaster, epidemic, industrial action, carrier failure, supply chain disruption, utility or telecommunications failure, cyber attack, or government action.
25.6Clauses 4, 7.6 to 7.8, 8.5, 9.1, 14, 15, 17, 18, 19, 20, 21 and 25 survive termination of these Terms or closure of your account.
25.7In these Terms, headings are for convenience only, the singular includes the plural, and a reference to legislation includes any amendment to or replacement of it.
26Contact
ABN 63 658 494 010, ACN 658 494 010
Factory 17, 3 Audsley Street, Clayton South VIC 3169
Email: info@teafy.com.au
Phone: 1300 986 888
