DEFINITIONS:

• COMPANY means My Coffee Capsule Pty Ltd ABN 72 091 681 122
• MCC means My Coffee Capsule Pty Ltd ABN 72 091 681 122
• PRODUCTS mean all goods and services for sale by the COMPANY
• CUSTOMER means the person or entity enquiring or purchasing the PRODUCTS
• PRICE means the selling price of the PRODUCTS including tax and any cost component
• AGREEMENT: the terms contained in these Terms and Conditions

These Terms & Conditions (hereafter T&C) are the Agreement between the Company and the Customer.

A – CUSTOMER ACKNOWLEDGMENTS:

1. The Customer acknowledges that the Company is only a reseller for Equity Holdings S.A. the proprietors of the Capsul’in brand and its Products as well as the Products of other companies for which it is the reseller. The company and/or its resellers will not be liable to the Customer for any defects in the Products of these Companies.
2. The Customer acknowledges that all express or implied conditions, statements, representations or warranties relating to any attribute of the Products are excluded from this Agreement to the extent permitted by law.
3. The Customer acknowledges that representations, statements, terms and conditions not embodied in these T&Cs are expressly excluded to the full extent permitted by law.
4. The Customer acknowledges that content of the pages of this website is for the Customer general information and use only. It is subject to change without notice. The Customer use of any information or materials on this website is entirely at the Customer own risk, for which MCC shall not be liable. It shall be the Customer own responsibility to ensure that any products, services or information available through this website meet the Customer specific requirements.
5. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
6. Every effort is made to keep the website up and running smoothly. However, MCC takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond MCC control.
7. The Customer acknowledges products are sold, thereof supplied, on these T&Cs, and these T&Cs constitute a separate contract in relation to each item sold by MCC to the Customer.
8. The Customer acknowledges that that these T&Cs shall prevail over all other conditions if inconsistent.
9. The Customer acknowledges that under no circumstances will the Company be liable to the Customer for any direct, indirect, consequential or economic loss or damage including, without limitation, loss of income, profit or business opportunity.
10. The Customer acknowledges that under no circumstances will any claim be entertained for whatever reason if the amount exceeds the value of the goods supplied by the company.
11. The Customer acknowledges in the event that more than one Customer entering into this agreement, each Customer shall be jointly and/or severally liable for the performance of the obligations contained herein.

B – PRICES and PAYMENT

The Customer acknowledges that unless otherwise stated, all prices quoted are:

1. inclusive of any tax, duty, levy, charge (including in the nature of a goods and services tax) in respect of any product or service supplied by Company or fees paid to or received by the company.
2. exclusive of freight, postage, packaging, handling, insurance and any other expenses or charges unless otherwise stated.
3. amounts shown in any document provided by the Company shall be prima facie evidence of debt due by the Customer to the Company.
4. Unless Purchaser has a credit account with the Company, 100% of the price including any applicable freight charges, shall be payable at the time of placement of the order.
5. credit accounts will only generally be considered at the discretion of the Company and only after a minimum of 3 months’ worth of typical trading levels.
6. where Purchaser has a credit account with Company, the Price shall be paid STRICTLY NET in cash, via credit card or PayPal or by cheque or EFT as per the due date shown on the invoice.
7. The customer acknowledges and agrees that the terms of payment are as stated on the invoice.
8. in the event an account or invoice becomes overdue, the Company reserves the right to charge interest at the flat rate of 1.5% per calendar month.
9. PayPal, Credit Card, National and International Transfers and other form of Payments- Goods will only be despatched when FULL payment has been received into Company’s bank account. This may take 3-5 working days from payment for funds to be transferred to the Company’s bank account.
10. In the event the amount of a due invoice remains unpaid 21 days after its due date, all deposit and partial payments will be forfeited with the customer remaining liable for the outstanding balance.
11. In the event of the non- payment of an invoice 21 days from its due date in a transaction that involves a non-Australian supplier to MCC, the customer becomes liable to MCC for all currency exchange losses.
12. Should an invoice remain unpaid 21 days after its due date, the customer will become liable for any price hikes by MCC suppliers from the date of the invoice for the products itemised in the invoice. MCC is entitled to amend its invoice in accordance with such price changes.
13. Unpaid Invoices and quotations issued to the customer are subject to change without notice 10 days from their date of issue.

C – RETENTION OF TITLE

1. Notwithstanding any other clause contained herein the full legal and equitable title in the Goods shall be retained by Company, its lawful successors in title and assigns and will only be transferred when Customer’s indebtedness to Company or its lawful agents for the purpose under these T&Cs, together with any GST or interest payable is fully discharged.
2. Until the moment of receipt of full payment of all Customer’s indebtedness as referred to in paragraph C1 herein Customer shall keep the Goods for and on behalf of Company.
3. Notwithstanding any other clause contained herein the risk in all Goods shall pass to Customer upon delivery; all Goods must be paid for notwithstanding destruction or damage however caused.
4. Customer shall ensure that the Goods are stored so that they are clearly identifiable as Company’s property and are not intermingled with other property. Customer shall not in any way alter or treat the Goods so as to change their quality or nature in any way until as aforesaid.
5. Payment of the amounts owed by Customer to Company under this Agreement shall be deemed to have been made when payment has been received in full and funds cleared in Company’s Bank Account.
6. Company authorises Customer to sell the Goods as Company’s fiduciary agent for the account of Company only. Proceeds of sale are Company’s property and Customer shall hold proceeds on trust for Company as fiduciary. Customer shall keep separate records of Goods sold and amount(s) received. Amount(s) received shall be held in a separate bank account.
7. While Company retains full legal and equitable title in the Goods Customer shall not bail, pledge, mortgage, charge, and grant a lien over, lease or assign the Goods by any other way of security. Only sales pursuant to para. C – 6 are permitted.
8. Notwithstanding any period of credit allowed by Company, Customer shall account to Company for the purchase price of the Goods, (or such part thereof as represents the Goods on-sold) as soon as the Goods (or any of them) are on-sold by Customer and the proceeds of such sale are received by Customer.
9. In the event of Customer failing to pay for the Goods pursuant to these T&Cs or the determination or repudiation of the contract (howsoever occurring) Company is hereby irrevocably authorised to enter onto Customer’s premises and re-possess the Goods and any other Goods in Customer’s possession the property which is vested in Company. Company reserves the right in relation to the Goods until all accounts owed by Customer to Company are fully paid to immediately, and without notice, enter Customer’s premises (or the premises of any associated company or agent where the Goods are located) and re-take possession of the Goods without liability for trespass or any resulting damage and the right to keep or re-sell any Goods re-possessed.
10. Notwithstanding anything contained in these T&Cs, Company will be entitled to maintain an action against Customer for the purchase price.

D – DELIVERY AND RECEIPT OF GOODS

1. All Goods delivered by Company to Customer shall, to the fullest extent permitted by law, be deemed to have been received by Customer in good order and condition and in accordance with any applicable specifications as soon as the delivery docket has been signed by Customer, his carrier or agent.
2. Company shall not be responsible for loss or damage to Goods in transit, even in the event the Goods were damaged by Company’s own carrier.
3. Company shall not be responsible for any loss or damage to Customer for any late delivery or non-delivery of Goods.
4. Delivery of Goods shall be to the destination nominated in the purchase order unless Customer advises otherwise in writing.
5. The full risk in the Goods shall pass to Customer upon shipment.

E – CANCELLATIONS AND RETURNS

1. No order may be cancelled/varied without Company’s written consent.
2. Customer shall not return Goods to Company without the prior written approval of Company, which Company may refuse at its sole discretion.

F – CONFIDENTIALITY

1. Each party acknowledges that the Confidential Information disclosed to it by the other party or its representatives (Disclosing Party) in connection with the Quotation/Purchase Order is proprietary, confidential or a trade secret of the Disclosing Party.
2. Each party will: (a) keep confidential the Confidential Information; (b) use the Confidential Information for the sole purpose of performing its obligations under the Quotation/Purchase Order; and (c) not disclose the Confidential Information to any person without the prior written consent of the Disclosing Party, unless such disclosure is required by law.
3. If required by the Disclosing Party, the other party must, and must ensure that their employees, officers, directors, agents and any other person nominated by the Disclosing Party enter into a confidentiality agreement in a form that is acceptable to the Disclosing Party.
4. Each party acknowledges that monetary damages alone would not be adequate compensation to the Disclosing Party if the other party breaches its confidentiality obligations.
5. In addition to any other remedy which may be available in law or equity, the Disclosing Party is entitled to seek injunctive relieve to prevent a breach of these Terms and to compel specific performance of these Terms.

G – GENERAL MATTERS

1. These T&Cs are subject to the laws and courts of Queensland, Australia.
2. MCC may amend or vary these T&Cs by publishing them on their website.
3. The failure of the Company to enforce or exercise any right under these T&Cs will not constitute a waiver of any right.
4. By ordering and/or accepting delivery of Goods, Customer acknowledges it has read and understood the T&Cs set out above and accepts that all Goods are sold subject to those T&Cs.