Online Store Terms, Conditions and Policies
Gypsy Hub Pty Ltd (Trading as The Craft & Co) supports the responsible service of alcohol. Safe Secure Shopping. Our checkout is secured by the latest SSL Technology and uses Pin Payments Payment Gateway. Under the Liquor Control Reform Act 1998 it is against the law to supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000) and/or for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500). Gypsy Hub Pty Ltd (Trading as The Craft & Co) Liquor Licence Number – 31955355
Postage & Delivery
The Craft & Co Pty Ltd online store currently does not ship to addresses outside of Australia. All prices and freight costs include Goods & Services Tax (GST) and are in Australian dollars.
>Once paid in full, we dispatch all our orders via Australia Post and/or designated freight transport companies. Your signature may be required to accept registered goods. Goods will be delivered during normal business hours and smaller items can be delivered to Australian PO Boxes. As a guide, goods delivered within Australian will take five to eight working days. As goods are delivered using a third party we unfortunately, are unable to guarantee time of delivery.
>It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
>If the order is yet to be despatched, changes to the order can be made by contacting The Craft & Co Pty Ltd via phone or email. In the event the order has been dispatched, then freight costs will be incurred.
>It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. 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 despatch a replacement item immediately. Replacement items will be despatched according to our discretion. Without limiting the operation of any other Terms and Conditions herein, you agree that 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. We reserve the right to cancel orders at any time.
Return, Exchange & Refund
If you receive a product that you believe is not what was expected, we will replace the item or refund your money at our discretion. It will be your responsibility and expense to mail the item back to our postal address in its original new, unused and undamaged condition within 14 days of the purchase date. Refunds will be credited to the original payment account.
>If you have purchased the incorrect item and would like an exchange or refund, you will be required to pay for the return postage to The Craft & Co Pty Ltd, in addition to the postage fee for the replacement item. If you exchange for a higher priced item, you will be required to pay the price variance.
>We recommend taking out postal insurance before returning any items.
>Prior to returning the product, we suggest you call The Craft & Co Pty Ltd to obtain a Return Authorisation Number. Equipment may be returned through post to The Craft & Co: 96 Chifley Dr, Preston VIC 3072, Australia. Safely package the product, enclose a letter stating your Return Authorisation Number, reason of return and attach the receipt.
We have committed ourselves to protecting your privacy and complying with the national privacy principles which are contained in the Privacy Act 1988 (Privacy Act). We use the information gathered to enable your account and to enhance your online experience. We will not sell our database of customer details or details about customers to a third party. Any and all information collected on this website will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. We respect the right of users to remain anonymous and will endeavour not to knowingly disclose user identities unless directed by a court of law.
>We may release customer information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of our users, or others.
>When you place an order through this website, we need to know your name, e-mail, phone number, address and credit card details if paying by credit card. This allows us to process and fulfil your order successfully. It also helps us in maintaining your account.
>”Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information. They allow you to place your online order and to login once you are subscribed. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. You will need cookies enabled to use our website.
>The Craft & Co Pty Ltd may also automatically collect information when you connect to this website which is not personally-identifiable. For example, the referring URL that may have brought you this website and the domain name of the website from which you linked to our website. This information assists The Craft & Co Pty Ltd in better understanding usage of this website.
Events Terms & Conditions
This Agreement governs the supply of the Event or Class by Us to You and forms a binding contractual
agreement between You and Us. For that reason this Agreement is important and You should ensure that You read it carefully and contact Us with any questions before You complete a Booking for an Event or Class. By completing a Booking You acknowledge and agree that You have had sufficient chance to read and understand this Agreement and You agreed to be bound by it. If You do not agree to this Agreement, please do not complete a Booking.
1 DEFINITIONS AND INTERPRETATION
In this Agreement unless the context indicates otherwise, the following words have the following meanings:
Agreement means these terms and conditions.
Booking means the booking on Our website located at www.thecraftandco.com.au which is completed by You and which indicates the Class that You wish to attend and the Price at which We are willing to supply that Event or Class subject to this Agreement. Event or Class means the food preparation, cooking or alcoholic beverage event or class to be supplied by Us to You at the Location, on the Date, beginning at the Start Time and finishing at the End Time and at the Price. Laws means all Acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements of any Commonwealth, State and local government departments, bodies and public authorities or other authority. Location, Date, Start Time, End Time and Price have the meanings given in the Booking. Parties means You and Us, and Party means either one of us.
We, Us and Our means The Craft & Co Pty Ltd (ACN: 601 344 076) of Acorn Consulting Group, Level 6, 12-20 Flinders Lane, Melbourne, Victoria.
You and Your means the person who places a Booking with Us for the Event or Class.
2 SUPPLY OF CLASS
(a) We will supply the Event or Class of the Location, on the Date, beginning at the Start Time and finishing at the End Time in consideration for You paying the Price to Us at the time You complete the Booking, subject to the provisions of this Agreement.
(b) The Event or Class will be performed by the employees or agents that We may choose as most appropriate to carry out the Event or Class.
(c) To the extent permitted by the Australian Consumer Law and relevant state legislation, Our sole obligation under this Agreement is to use Our best endeavours to supply the Event or Class:
(i) with reasonable care and skill;
(ii) in accordance with food industry standards concerning the preparation and cooking of food and beverages; and
(iii) in compliance with all laws affecting the preparation and cooking of food and beverages.
3 CANCELLATIONS AND CHANGES IN EVENT OR CLASS
(a) We need to buy food and other consumables in advance. At the time You wish to cancel the Booking, We may have already purchased the food and other consumables to be used at the Event or Class. It is often not available to Us to return the food to the person who sold it to Us, or use it at another Event or Class. Food often cannot be stored and it will deteriorate, and will often not be usable beyond a “used by” date. In addition, We often need to make arrangements and carry out significant planning for supplying the Event or Class. We need to do this planning in advance of the Date. It if You wish to cancel the Booking, We may have already spent time in doing this. For these reasons, We are unable to refund You the Price if You cancel the Booking, subject to any of Your statutory rights under the Australian Consumer Law and relevant state legislation.
(b) We use a third party to process payments made for Events or Classes booked on our website. You acknowledge and agree that if You are entitled to a refund of the Price under the Australian Consumer Law or relevant state legislation, it may take up to ten (10) business days for that third party to refund the Price to You.
(c) If an insufficient number of people have booked to attend the Event or Class so that we consider that it would be unviable for Us to provide the Event or Class, We may cancel the Event or Class at any time prior to the Start Time and provide You with a refund of the Price.
(d) If You obtain a refund of the Price under clauses 3(b) or 3(c), this discharges completely any liability at law of Us to You, subject to any of Your statutory rights (including under the Australian Consumer Law and relevant state legislation).
(e) If you notify Us a reasonable time before the Date that you have changed your mind and wish to attend another Event or Class, We may be able to arrange for You to attend another Class so long as:
(i) the other Event or Class is the same Price as the Class in the Booking; or
(ii) You pay us the difference between the Price of the Event or Class in the Booking and the other Event or Class.
4 YOUR OBLIGATIONS
(a) You must:
(i) attend the Event or Class at the Location at the beginning of the Start Time on the Date;
(ii) ensure that You behave in a polite and reasonable manner to Us and Our staff during the Event or Class and that You do not engage in threatening or offensive behaviour or use threatening, offensive, derogatory, sexual or racial comments or words; and
(iii) leave the Location at the End Time.
(b) If the Event or Class is supplied in relation to alcoholic beverages you acknowledge and agree that:
(i) You are over the age of 18 and will provide Us with photographic identification which evidences Your age upon request;
(ii) You have completed an approved responsible service of alcohol program within the meaning of the Liquor Control Reform Act 1998 (Vic) and will provide us with evidence of that completion upon request; and
(iii) You will comply with all responsible service of alcohol regulations and all Laws.
(c) If the Event or Class is supplied for children or if children are to be present at any other Event or Class:
(i) You must ensure that there are a sufficient number of adults present to properly supervise them and take care of them in the event of accidents or other events; and
(ii) You acknowledge and agree that to the extent permitted by the Australian Consumer Law and relevant state legislation, we will not be responsible for supervising or taking care of children or dealing with any matter where their health or care is involved.
(a) You must keep our Confidential Information confidential and not deal with it in any way that might prejudice its confidentiality.
(b) You acknowledge that information disclosed in the Event or Class pursuant to this Agreement will be regarded as Confidential Information. You agree that Your obligations in Clause 5(a) extend to this category of information.
(c) Your obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by Us.
(d) The Confidential Information does not include information which:
(i) is generally available in the public domain otherwise then as a result of a breach of Clause 5(a) by You; or
(ii) was known by You prior to Us disclosing the information to You.
(e) You agree to indemnify us fully against all liabilities, costs and expenses which we may incur as a result of any breach of this Clause 5 by You.
(f) You acknowledge that damages may be an inadequate remedy for breach of this Clause 5 and that we may obtain injunctive relief against You for any breach of this Clause 5.
(g) The obligations accepted by You under this Clause 5 survive termination or expiry of this Agreement.
6 WARRANTIES, LIABILITY AND INDEMNITY
(a) Compliance with all Laws
(i) Throughout theEvent or Class you must comply at your own cost and expense with all Laws including Laws affecting the preparation, cooking and handling of food and beverages.
(ii) You must indemnify Us from and against all actions, costs, charges, claims and demands in respect of Your compliance with Clause 6(a)(i).
(b) No warranties in relation to Completion of Event or Class To the extent permitted by the Australian Consumer Law and relevant state
Legislation, we provide no warranty that any result or objective can or will be achieved or retained by You attending the Event or Class, whether stated in this Agreement, the Booking or elsewhere.
(c) Limitation on Liability
(i) Subject to Clause 6(c)(ii) and to the extent permitted by the Australian Consumer Law and relevant state legislation, Our sole obligation under this Agreement is to use Our best endeavours to supply the Event or Class. We will not be liable for any other claims or damages including, but not limited to, claims arising from:
A any specific healthcare requirement, medical condition or allergy You have which may be adversely affected by the food or
beverages supplied with the Event or Class; or
B any food or beverages removed by You from the Location after the End Time of the Event or Class; or
C any direct, special or consequential damages or injury to any person, corporation or other entity.
(ii) If any Events or Classes supplied under this Agreement are supplied to You as a consumer of services within the meaning of that term in the Australian Consumer Law or relevant state legislation, You will have the benefit of certain non-excludable rights and remedies in respect of the Event or Class. Nothing in this Agreement excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is conferred on You. If the Event or Class is a service not ordinarily acquired for personal, domestic or household use or consumption, under Section 64(a) of the Australian Consumer Law and similar provisions of relevant state legislation, we limit our liability to payment of an amount equal to the lowest of:
A the cost of supplying the Event or Class again; or
B the payment of the cost of having the Event or Class supplied again.
(iii) Subject to Clause 6(c)(ii), We are not liable for default or failure in performance of Our obligations pursuant to this Agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond Our reasonable control.
(iv) Subject to Clause 6(c)(ii), We are not responsible for any loss caused by an error or defect in the Event or Class or errors or faults caused by food or beverages supplied by any person.
You must indemnify and hold Us harmless from and against all claims and losses arising from loss, damage, liability, injury to Us, Our employees and third parties, infringement of third party intellectual property, or third-party losses by reason of or
arising out of:
(i) any information supplied to You by Us, Our employees or suppliers, or supplied to Us by You within or without the scope of this Agreement; and
(ii) any breach of the Agreement by You.
(e) No Reliance
Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement. Any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by Law.
(f) Survival of Obligations
The obligations accepted by the Parties under this Clause 6 survive termination or expiry of this Agreement.
(a) Entire Agreement
(i) This Agreement contains the whole agreement between the Parties in respect of the subject matter of the Agreement.
(ii) You acknowledge and agree that You have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
(i) No failure or delay by Us in exercising any right, power or privilege under this Agreement will impair that right, power or privilege or operate as a waiver of that right, power or privilege nor may any single or partial exercise of any right, power or privilege preclude any further exercise of that right, power or privilege or the exercise of any other right, power or
(ii) The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by Law.
If any provision of this Agreement is prohibited by Law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and will not in any way affect any other circumstances of or the validity of enforcement of this Agreement.
(d) Work, Health and Safety
You must comply with all relevant work, health, safety and welfare standards and regulations determined by us or as prescribed by any Laws.
(e) Law and Jurisdiction
This Agreement takes effect, is governed by, and must be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non-exclusive jurisdiction of the Courts of Victoria.