Effective as of 1 January, 2018
Welcome to Sprinkle.
Sprinkle Artisan Spice Blends Pty Ltd. (“Sprinkle” or “We”), an Australian private limited company (ABN: 93620640360), operates the Sprinkle website located at: https://sprinklespices.com.au (“Site”).
1. Acceptance of these Terms
1.1 By accessing, using and/or purchasing products from the Site, you acknowledge that you have read, understood and agree to these Terms, whether or not you are a registered Account holder. If you do not agree to these Terms, or to any changes we may make to them, you should immediately stop accessing the Site.
1.2 To access and use the Site, you must comply with these Terms and all applicable laws. If you breach these Terms, your right to access and use the Site will terminate immediately, without any further action by Sprinkle. We reserve the right to change or update these Terms at any time for any reason, with or without prior notice to you, and any such changes or updates will supersede and replace any previous Terms and be effective immediately upon posting to the Site. We will use reasonable efforts to inform you of any changes to the Terms but it is your responsibility to review these Terms for any changes from time to time. Your continued use of the Site after the posting of changes to these Terms will signify that you accept all such changes. You should discontinue using the Site if you do not agree with any changes to these Terms.
2. License to Use the Site
2.1 We are pleased to grant you a non-exclusive, revocable, limited license to use the Site solely for your personal and non-commercial use. You may only use the Site (including any of the Content (as defined below)) in compliance with these Terms and with any and all applicable laws, rules and regulations.
2.2 You may not:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained on the Site; and/or
- use the Site or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation on your own Site or in any other form.
2.3 No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Site.
3. Customer Accounts
3.1 You can create an account to register as a Sprinkle user (“Account”) to use some of the features or services on the Site. When you create your Account, you may be required to provide personal information such as contact or identification details, including your full name, email address, home address and telephone number. You warrant that any personal information you give Sprinkle will always be complete, accurate and up to date. It is your responsibility to ensure that your Account details are complete, correct and up to date. Should any of your registration information change, please update your Account details through the Site by logging into your Account or contact us on email@example.com. We will not be responsible for any issues with your Order caused by errors or omissions in the Account information provided to us.
3.2 Once you have created an Account, you will be a registered member of the Site and bound by these Terms. Any use of your Account or registration information by any other person, or third parties, is strictly prohibited. You should not use another person’s Account for any purpose whatsoever, unless you are permitted by the Account holder.
3.3 Please keep your account information and password confidential and ensure you exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorise to use your Account. Sprinkle will not be responsible or liable for any unauthorised use of your Account. If you allow others to access your Account in violation of these Terms, you agree to be responsible for ensuring that they comply with these Terms. Please notify us immediately of any breach of security or unauthorised use of your Account by sending an email to firstname.lastname@example.org with “Unauthorised Use” in the subject line.
3.4 We reserve our right to change the Account registration process or requirements from time to time.
3.5 You may terminate your Account at any time by sending an email to email@example.com with “Cancel Account” in the subject line or you may unsubscribe to any email, blog or newsletter subscription with Sprinkle by clicking the “Unsubscribe” link at the bottom of the email or sending an email to firstname.lastname@example.org with “Unsubscribe” in the subject line. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new subscription. Our rights under these Terms will expressly survive termination of these Terms, the cessation of your use of or access to the Site, termination of your Account and/or cancellation of your subscription.
4. Eligibility to Purchase Products
4.1 In order to make purchases on the Site if you are not a registered Account holder, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and email address and other requested information as indicated. You will also be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided.
4.2 In order to make purchases on the Site you will also need to have been issued a valid credit/debit card by a bank acceptable to Sprinkle, and have authorised Sprinkle to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Sprinkle product(s) that you purchase.
4.3 Products purchased by you must be for personal use or purchased as a gift and may not be resold or used for commercial purposes or for any other commercial benefit.
Sprinkle reserves the right to restrict multiple quantities of a product from being shipped to any one customer or postal address.
4.4 By making an offer to purchase Products, you expressly authorise Sprinkle to perform credit checks and, where deemed necessary, to transmit or to obtain your credit card information or credit report information to or from third parties solely to authenticate your identity, validate your credit/debit card, obtain an initial credit card authorisation and/or to authorise individual purchase transactions.
4.6 By placing an order for Sprinkle products on the Site (“Order”), you agree to purchase the Sprinkle products in your respective order and payment of the Order price together with any applicable shipping costs and taxes, as stated on the Site and at the checkout.
When you place an Order with us, you must follow the instructions on the Site as to how to place your order and for making changes to your order before you submit it to us through the Site by clicking ‘Complete Order’.
4.7 All Orders are subject to acceptance and availability and any products in your cart are not reserved and may be purchased by other customers until your order is complete and accepted by us.
4.8 Sprinkle offers products for sale that are in stock and available for shipping. Occasionally however, we may be waiting for shipment from our suppliers. We may offer you the opportunity to either place a “pre-order” for such products which may ensure that you receive the item on a priority basis once the products have been delivered to Sprinkle and/or register your email address for notification of the arrival of the selected products not in stock. Your rights regarding pre-orders are the same as those for any other purchase from Sprinkle.
4.9 When you submit an Order to us through the Site, you agree that you do so expressly subject to the these Terms, current at the date you submit your Order. You are responsible for reviewing the latest Terms each time you submit an Order.
5. Acceptance of Your Order
5.1 Once you place an Order (by clicking ‘Complete Order’ on the final checkout page in ‘Your Cart’), you will receive an email acknowledging the details of your Order. We will not be obligated to supply a product to you until we have accepted your Order for such product by e-mail in a form called a “Order Confirmation” stating that we are accepting your Order.
5.2 An email or other acknowledgement of your Order by us is purely for information purposes and does not constitute our acceptance of your Order. When we send you an acknowledgement, we may give you an Order Reference Number and details of the product(s) you have ordered.
5.3 We may, in our discretion, refuse to accept an Order from you for any reason, including if we are unable to obtain authorisation for payment, shipping restrictions apply to a particular item, the product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Terms.
5.4 We will not be liable to you or any third-party for our withdrawing any product(s) from the Site, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5.5 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If you have cancelled your Order before we have accepted it, or if we cancel your Order at any time for any reason, then we will promptly refund any payment already made by you or your credit/debit card company to us for the Order of the relevant product(s).
5.6 If you discover that you have made a mistake with your Order after you have submitted it to us, please contact us immediately by email to: email@example.com.
6. Prices & Delivery Fee
6.1 Prices shown on the Site are in Australian Dollars (including GST). Product prices are exclusive of shipping charges. Once you select a product that you wish to order and place it in ‘Your Cart,’ you will see all charges you must pay for products you wish to purchase. Once you enter the shipping address you will see all total charges you must pay, including shipping and taxes and after any applicable discount, in the ‘Order Summary’ section of ‘Your Cart’.
6.2 We charge a flat shipping fee of $9.95 on all orders within Australia under $100. We offer free shipping for orders in the value of $100 or higher. Any delivery charges and applicable taxes will appear in ‘Your Cart’ on the ‘Order Summary’ page once you have entered the delivery address and right before you place your order.
6.3 All prices and offers remain valid as advertised on our Site from time to time. If the price for a product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price. While every effort is made to ensure that details on the Site are accurate, we may from time to time discover an error in the pricing of products.
6.4 If we discover an error in the pricing of a product in your order, we will notify you as soon as possible. If you order a product that is priced incorrectly for any reason, we will email or call you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you or your credit/debit card company have already paid for the product(s), we will refund the full amount as soon as reasonably practicable. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
7.1 Payment for products can be made by Visa or MasterCard and any other methods which may be provided for on the Site from time to time. You can also choose to pay with PayPal. When selecting the PayPal option at checkout, you will be redirected to the PayPal site to ‘Login’ and review the amount shown before clicking ‘Pay Now’.
7.2 Payment will be debited and cleared from your account in full at the time you place your Order and will appear on your bank statement with the descriptor: "SP * SPRINKLESPICES". You confirm that the credit/debit card or PayPal account that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card or PayPal account to use it and that there are sufficient funds or credit facilities to cover the cost of the product(s) ordered.
7.3 We take reasonable care to make our Site secure. All credit/debit card transactions on the Site are processed using Stripe, a secure online payment gateway that encrypts your credit/debit card details in a secure host environment. These details will only be used to process credit/debit card transaction which you have initiated. We do not store your credit card information on our Site, but rely on Stripe to do so. See here for more information on how Stripe protects your information.We take reasonable care, as far as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorised access to any data and/or personal information that you provide when accessing or ordering from the Site.
7.4 Following our receipt or confirmation of your payment of the Order price, you will be sent a receipt in respect of your payment, via email, to the email address you have provided on the Site.
7.5 You acknowledge that Sprinkle may securely record your purchase details (such as Order information) for future use and that your Order information will be kept by Sprinkle in your Account for your convenience. Sprinkle will not store or keep your credit card details on its systems. Please note that Sprinkle will be required to provide your email address to Australia Post’s eParcel service and subscribe you to email tracking notifications from Australia Post so you can track your Order.
8.1 Sprinkle uses Australia Post’s Express service to deliver your Order to the delivery address you specify in your Order. We aim to ensure prompt delivery of the product(s) in your Order in accordance with these Terms. If an item is lost or damaged in the course of its delivery to you, please contact us immediately by email to: firstname.lastname@example.org.
8.2 We currently only deliver within Australia. Please note that it may not be possible for us to deliver to some locations. Should this be the case, we will inform you using your contact details and arrange for cancellation of the order or an alternative delivery address.
8.3 We aim to process and ship all orders within 48 hours of receipt of the order via the Site. If we are unable to post your order within this timeframe, we will contact you on the email address provided in your order.
8.4 Order sent with Australia Post’s Express service should arrive in the next business day following shipping by us. You will receive an email from us to confirm when your order is on its way. Please note that Australia Post’s Express service covers 80% of Australian addresses and post boxes. The Express service operates between all Australian capital cities (except Darwin and in Perth CBD only) and some major centres. If your specified delivery address is outside metropolitan areas, Australia Post can only guarantee its Next Day Service to townships. If your item is for an address outside the above Australia Post Express network, they will use the fastest possible transport links, but it may not be delivered within one business day.
8.5 We will send you an Australia Post Tracking Number in your order confirmation email so you can track your order on the Australia Post website (via “Track Your Item”). You will also receive an email from Australia Post once your delivery is on its way and to confirm its arrival date. If you sign up to Australia Post’s MyPost free online service you can track your orders and adjust your delivery options.
8.6 Delivery of our products will require a signature on delivery acknowledging receipt. If there is no one home to sign for the parcel at the delivery address, Australia Post will leave you a card with the address of a Post Office where you can collect your parcel.
If you prefer, you can authorise Australia Post to leave your parcel in a safe place without needing to sign for it (by selecting the ‘Safe Drop’ delivery option in your MyPost account).
Once a Product is delivered to you, or if a signature is required, delivery is signed for by you or by someone at the requested delivery address, responsibility for your purchased product(s) passes to you.
8.7 Upon delivery of an order, you agree to inspect the product(s) for the correct quantities and any obvious faults, defects or damage.
8.8 While we aim to deliver product(s) in accordance with any confirmed delivery date we have given to you for any order which we accept, we cannot guarantee any firm delivery dates. We will do our best to notify you if we anticipate that we will be unable to meet a confirmed delivery date, but in no event will we be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
8.9 With respect to products that require a signature, if delivery is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your order on the designated delivery date, if you refuse to sign for the delivery of the product(s) on delivery or if you do not collect the product(s) from Australia Post at the designated Post Office, then we may do either or both of the following: (i) charge you for our reasonable costs reasonably incurred by us, including redelivery costs; and/or (ii) no longer make the product(s) available for delivery or collection and notify you that we are immediately cancelling your order, in which case we will refund to you or your credit/debit card company, as applicable, any money already paid to us, less our reasonable administration charges, including the amount charged for attempting to deliver and then returning the product(s).
9.1 Sprinkle’s products come with certain guarantees under Australian Consumer Law. We aim to ensure that all our customers are entirely satisfied with our products and strive to resolve any issues amicably, swiftly and to your satisfaction.
9.2 If the Sprinkle products in your Order are incorrect or damaged when received, Sprinkle will offer a replacement or refund, at its discretion, subject to the following:
(i) you must send us notice of receipt of incorrect or damaged products by email to email@example.com within 48 hours of receipt or delivery of the relevant Order;
(ii) A photo of the damaged or incorrect products must be sent to by email together with the above notice;
(iii) You must provide proof of purchase if you request a replacement or refund of any product(s); and
(iv) the damaged or incorrect product(s) must be returned to Sprinkle, within 10 days of receipt of the Order, unopened, unused, in their original condition and packaging.
9.3 Returning products is always at your risk and cost. If you return any product for any reason, you must ensure that it is adequately packaged and cover the applicable shipping costs. We will not accept any responsibility for damage caused by inadequate packaging by you or if the product is damaged or lost while being returned to us.
9.4 Any refunds issued by Sprinkle will be credited to the original payment method. Refunds will be in the amount of the product price paid plus taxes, if applicable, but may not include the original shipping cost. We will process the refund due to you as soon as reasonably practicable after the product(s) have been returned to us in accordance with these Terms. Please note that refunds can take up to ten working days to appear in your account due to varying processing times between payment providers.
9.5 While we offer a return policy to ensure a pleasant shopping experience, we do monitor the number of returns made and may refuse to accept orders at our discretion if products are returned repeatedly or for any other reason as we determine at our discretion.
9.6 If you would like to change or cancel an Order, please contact us immediately after placing an Order by emailing: firstname.lastname@example.org. We will aim to change or cancel the Order in accordance with your instructions, if possible. Please note that as we process Orders quickly, it may not be possible for us to change or cancel an Order if it has already been processed or dispatched at the time we receive your request. Please check the ‘Order Summary’ section of your cart carefully before placing an Order. All Orders are processed automatically through our third party payment processor and incur certain administrative fees. If you wish to cancel an Order that has already been processed, any refund may be subject to applicable administrative or processing fees incurred by Sprinkle as a result of your Order. Please note that you will be responsible for the full shipping costs associated with sending a cancelled Order back to us.
10. Intellectual Property Rights
10.1 The Site and its content, features and functionality, including, without limitation, information, software, text (including but not limited to recipes, blog posts and product descriptions), graphics, logos, button icons, drawings, product names, gift pack names, images, video clips, data compilations and the design, selection and arrangement thereof including the “look and feel” of the Site (together “Content”) are the exclusive property of Sprinkle, our licensors or other content suppliers, and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. No right, title or interest in or to the Site or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Site that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark and other laws.
10.2 Sprinkle does its best to ensure that the Content is accurate and complete. Your use of the Site is at your risk. Sprinkle does not warrant that the functional aspects of the Site or the Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. Sprinkle and its suppliers make no warranties about the Content or about results to be obtained from using the Site.
10.3 Sprinkle reserves the right to withdraw, temporarily or permanently, any Content from the Site at any time and for any reason and such removal may be immediate and without notice. You acknowledge and agree that Sprinkle is not liable to you or any third party for any such withdrawal.
11.1 You may not under any circumstances copy or print any of the Content, whether licensed by us or otherwise, unless it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content.
11.2 Also, you may not reproduce, download, modify, translate, add to, distribute, transmit, publish, display, disclose, broadcast or sell, sublicense or exploit any part of the Site or its Content in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission; remove, alter, bypass or interfere with any copyright, trademark or other proprietary notices marked on the Content; mirror, frame, screen scrape or deep link to any aspect of the Site or access any Content through technology or means other than those provided or authorized by us; access the Site via any automated system, including by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure; knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Site, or tamper with, impair, damage, attack, exploit or penetrate the Sprinkle system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Sprinkle or any connected networks, or take any action to impact the proper operation of the Site and any person’s or entity’s use or enjoyment thereof; use the Site to collect any personally identifiable information, including Account names and email addresses, or use the Site for any commercial solicitation purposes, without our prior express written permission; or
attempt to reverse engineer any aspect of the Site or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Site, create any derivative works or materials of any kind using the Content or otherwise build a business utilising any aspect of the Site.
13. Modification or Suspension of the Site and Right to Terminate your use of the Site
13.1 We reserve the right to change, suspend or discontinue any aspect of the Site at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Site entirely. From time to time, we may restrict access to some or all of the Site, including for registered users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Site, without notice or liability, for any reason or no reason. Accordingly, for any reason, and without notice, all or any part of the Site may become unavailable to you at any time and for any period. If we suspend or discontinue any aspect of the Site or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account.
14. Medical & nutrition information & Recipes
14.1 You expressly acknowledge and agree that all medical, nutrition (including allergen and ingredients information) and any fitness or recipe information provided on the Site, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by Sprinkle or by other users or third parties, is provided for informational purposes only and is not intended to be and should not be used in place of (i) the advice of your physician or other medical professionals, (ii) a visit, call or consultation with your physician or other medical professionals, or (iii) information contained on or in any product packaging or label. Information and statements regarding any potential health or dietary attributes or potential benefits which may be stated on the Site (by Sprinkle or third parties) have not been evaluated by a medical practitioner and are not intended to diagnose, treat, cure or prevent any disease. Should you have any health related questions or wish to make any changes to your diet, please call or see your general practitioner or other healthcare provider promptly.
15.1 Although Sprinkle takes great care to blend and pack all our products carefully, the products sold on our Site may contain ingredients which have been packed in a store or facility that contains allergens, traces of allergens or bi-products of peanuts, nuts, tree nuts, sesame seeds, seeds, soybeans and soy products, egg, pollen and bee products, preservatives, gluten, wheat, rye, barley oats, spelt, dairy, fish and other products that may act as allergens. We use all reasonable efforts to ensure the completeness and accuracy of all allergen and/or nutritional information provided on our Site and/or Sprinkle’s product labels. However, due to factors which are outside our control, Sprinkle cannot guarantees, warrant or be liable for such information and your purchase and use of the Sprinkle products is at your sole risk.
16. Disclaimer & Liability Limitation
16.1 Sprinkle makes every effort to ensure a product is accurately depicted on the Site, however, you acknowledge that product sizes, colours and packaging may slightly differ from what is displayed on the Site. Sprinkle does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding its products other than provided in these Terms. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law, Sprinkle will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the purchase of Sprinkle’s products, their delivery or these Terms (including as a result of not being able to use the products or the late supply of the products purchased on the Site), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
16.2 Use of the Site and any of the Sprinkle products purchased through the Site is at your own risk. Everything on Site and the Sprinkle products are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of Sprinkle’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about its Content or any products (whether Sprinkle’s or a third party’s) referred to on the Site.
16.3 Sprinkle's total liability arising out of or in connection with the purchase of its products on the Site and/or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase price paid by you under these Terms for Sprinkle products (or the value equivalent of the products supplied to you).
17.1 These Terms will continue to apply until terminated by either you or by Sprinkle as set out below.
17.2 If you want to terminate the Terms, you may do so by notifying Sprinkle at any time and closing your Account (if you have one). Your notice should be sent, in writing, to Sprinkle via the 'Contact Us' link on our Site or by sending an email to: email@example.com.
17.3 Sprinkle may at any time, terminate the Terms with you if you have breached any provision of the Terms or intend to breach any provision; Sprinkle is required to do so by law; or the provision of products or services on the Site to you by Sprinkle is, in the opinion of Sprinkle, no longer commercially viable.
17.4 Subject to applicable laws, Sprinkle reserves the right to suspend, discontinue or cancel your Account to the Site at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Site without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Sprinkle's name or reputation or violates the rights of those of another party.
17.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Sprinkle have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
18. Links to other Sites
19. Governing Law
19.1 The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.