Terms & Conditions
These Terms and Conditions (“Terms”), which incorporate our Privacy Policy, and other documents referred to within these Terms outline the terms and conditions on which we grant you access to and use of our website www.twinings.com.au and the terms and conditions under which we supply any of the products listed on www.twinings.com.au (Products) to you. Please read these Terms carefully before accessing or continuing to use the Site or ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms. These Terms do not affect your statutory rights.
1. Information About Us
www.twinings.com.au (“the“ Site”) is operated by AB Food & Beverages (Australia) Pty Ltd (trading as “we,” “us,” “our” or “Twinings”). We are registered in Australia with our registered office and main trading address at 35-37 South Corporate Avenue, Rowville, Victoria, 3178 Australia.
2. Use of the Site
2.1 By using the Site you agree to be legally bound by these Terms, which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by all the Terms please do not access and/or use the Site.
2.2 We may change these Terms at any time by posting changes online. Please review these Terms regularly to ensure you are aware of any changes made by Twinings. Your continued use of the Site after changes are posted means you agree to be legally bound by these Terms as updated and/or amended.
2.3 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Site content in any way (except for your own personal, non-commercial use). You also agree not to adapt, alter or create a derivative work from any the Site content (except for your own personal, non-commercial use). Any use of the Site content requires the prior written permission of Twinings which will not be unreasonably withheld or delayed.
2.4 You agree to use the Site only for lawful purposes in accordance with these Terms, and in a way that does not infringe the rights of, or restrict or inhibit anyone else's use and enjoyment of, the Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
2.5 The Site content, including the information, names, images, pictures, logos and icons regarding or relating Twinings and/or its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis. Product images shown on the Site are for reference purposes only and may not reflect the true size. shape or colour of the product. To the extent permitted by law , we exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it. We do not warrant that functions contained in the Site content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
2.6 The names, images and logos identifying Twinings or third parties and their products and services are subject to copyright, design rights and trade marks of Twinings and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Twinings or any other third party.
2.7 Links on the Site may lead to other websites. Twinings accepts no responsibility for the content, accuracy or function of such websites nor does Twinings endorse the contents of such sites.
2.8 Contributions to www.twinings.com.au
2.8.1 Where you are invited to submit any contribution to the Site or Twinings social media pages (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Twinings a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media (including but not limited to Twinings social media pages) now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with this website's acceptable use policy and the privacy restrictions set out in this website's Privacy Policy. If you do not want to grant to Twinings the rights set out above, please do not submit your contribution to the Site or social media pages.
2.8.2 By submitting your contribution to the Site you:
(a) warrant that:
• your contribution is your own original work and that you have the right to make it available to Twinings for all the purposes specified above;
• is not defamatory;
• does not infringe any law; and
(b) indemnify Twinings against all reasonable legal fees, damages and other expenses that may be incurred by Twinings as a result of your breach of the above warranty; and
(c) waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the purposes specified above.
2.8.3 Our Use of Your Content
These Terms govern the use by Twinings of your submitted content (“Content”), which includes your name and the content of your review. By permitting us to use the Content you warrant and represent that:
a. you are the sole author and owner of the intellectual property rights in the Content;
b. you voluntarily waive all "moral rights" that you may have in the Content;
c. you are at least 18 years of age;
d. use of the Content does not violate these Terms and will not cause injury to any person or entity; and
e. you have not received compensation or been granted any consideration by a third party for the Content.
You additionally agree and warrant that the Content:
a. is not, to your knowledge, false, inaccurate or misleading;
b. does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); is not, and may not reasonably be considered as being, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; and does not include any information that references other websites, addresses, email addresses, contact information or phone numbers.
You grant Twinings a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute the Content and/or incorporate such Content into any form, medium or technology throughout the world without compensation to you. This may include, without limitation, using the Content in any advertising and promotional material (including print, television, online or social media advertisement campaigns).
The Content may be used at our sole and reasonable discretion. We reserve the right to adapt or delete any Content on our websites or social media channels that we deem, in our sole and reasonable discretion, to violate any provision of these Terms. We also reserve the right to, acting reasonably, remove or to refuse to publish any Content.
When we use your Content, Twinings may need to hold and process your personal data, including publishing it if used in our promotional materials. We will process your personal information in line with our Privacy Policy.
3. Ordering on the Site
3.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted (“Order Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Order Confirmation. The Contract includes, in order of priority, the Order Confirmation and these Terms & Conditions.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
3.3 If we consider that your Order includes any personalised content that is not lawful, appropriate or in good taste, we reserve the right not to personalise products as ordered. In such case, we will notify you of our decision via email and provide a full refund for the personalised products that you have ordered, but which we will not produce.
4. Returns
4.1 Except for products referred to in clause 4.2, please be aware that we are unable to cancel, refund or exchange Products unless otherwise required by law.
You can inform us of Product issues by either:
• emailing us at infohelp@twinings.com
• calling us on 1800 092 889 between the hours of 8am to 6pm Monday to Friday (except for Public Holidays);
4.2 Products we are unable to cancel, refund or exchange:
• Products which have been personalised for you.
• Perishable goods such as confectionery, chocolate, biscuits, cakes, crackers, marmalades and preserves.
• Sale items reduced due to a short best before date (this will be indicated on the product listing).
· Products delivered to the wrong address due to incorrect or insufficient details being supplied.
5. Refund Policy
5.1 If you request a refund for your order and provide all necessary information in accordance with these Terms , we will reimburse you where appropriate for returned Products (excluding delivery unless faulty or not as described).
5.3 Please note that we may withhold reimbursement (acting reasonably) until you have supplied appropriate evidence of the reason for the return being required. We will then reimburse you within 7 business days using the same means of payment used for the initial transaction, unless you have agreed otherwise.
5.4 We may have to cancel or modify an order before the Products are delivered, due to an event outside our control or the unavailability of stock. We will promptly contact you if this happens. If we have to cancel or modify an order and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you or provide you with an appropriate substitute of equal or greater value.
Return of Faulty Products
5.5 We are under a legal obligation to supply Products that conform to the Contract. Therefore, if the Products delivered are not of satisfactory quality or do not conform to the description provided or any of these terms upon delivery, you may cancel the Contract and obtain a full refund (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us) by returning the faulty Products to us at 35 - 37 South Corporate Avenue, Rowville,
Victoria 3178, Australia within 6 months from the date of purchase. On notifying Twinings of your faulty Products, please provide proof of purchase (providing your order number will be satisfactory). Please note you may be asked to supply a digital photograph of any damaged products.
5.6 Please note that we may withhold reimbursement until we have received the faulty Products back or you have supplied evidence of having sent the faulty Products back, whichever is the earliest. We will then reimburse you within 7 business days of the earlier of these two events using the same means of payment used for the initial transaction, unless you have agreed otherwise.
6. Availability
6.1 The Products shown on the Site are a fair representation of the actual terms, although minor details may vary.
6.2 All Products offered are subject to availability. We will endeavour to identify any “out of stock” products on the Site – occasionally, large or frequent orders might mean we run out of stock during the trading day.
6.3 All Orders are limited to $500 per transaction.
7. Deliveries
7.1 See the separate Shipping Policy, in the page footer.
8. Risk And Title
8.1 The Products will be at your risk from the time of signed delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. Price And Payment
9.1 The price of any Products will be as quoted on the Site when you place your order, except in cases of obvious error.
9.2 These prices include GST if applicable but exclude delivery costs, which will be added to the total amount due.
9.3 Prices may change from time to time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
9.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
9.5 Payment for all Products must be by the following credit or debit cards, Visa, MasterCard. Payment will be taken at the time of ordering.
9.6 You undertake that the details you provide to us for the propose of ordering or purchasing Products are correct, that the credit or debit card you are using is your own and that there is sufficient funds to cover the cost of the Products or services ordered.
10. Our Warranty For The Products And Your Use Of the Site
10.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Products. We warrant that the Products are as described on the Site; of satisfactory quality; and fit for any purpose held out by us.
10.2 Subject to section 10.1, under no circumstances will Twinings be liable whether in contract, tort, breach of statutory duty, or otherwise, for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):
(a) loss or corruption of data;
(b) loss of profits, sales, business or revenue;
(c) loss of business opportunity;
(d) loss of goodwill or injury to reputation;
(e) losses suffered by third parties; or
(f) any indirect, consequential, special or exemplary loss or damages arising from the use of the Site regardless of the form of action.
10.3 Subject to section 10.1, any indemnities, warranties, terms and conditions whether express or implied by law including Australian Consumer Law are hereby excluded to the fullest extent permitted. Your statutory rights are not affected.
10.4 Subject to section 10.1,our total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Site or purchasing any goods.
11. Written Communications
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Complaints
12.1 If you have any complaint about our service or Products, we would very much like to hear from you. Please e-mail us at infohelp@twinings.com or call us on 1800 092 889 from 9am to 5pm Monday to Friday (except for Public Holidays).
13. Online Security
13.1 We use the latest Secure Server Technology to ensure that all data submitted through our website is protected to the highest standards. Secure Socket Layer (SSL) encryption is used to ensure that all credit card and transactional information is secure. You can tell when the web page you are using is secure as the letters 'https' will replace 'http' in the browser address window. You will also notice a yellow padlock appear either next to your browser address window or at the bottom of your browser window. Our Payment Service Provider is Shopify Pay .
13.2 If you have any specific questions – contact us directly by e-mail at infohelp@twinings.com or call us on 1800 092 8899 9am to 5pm Monday to Friday (excluding public bank holidays).
14. Our Right To Vary These Terms
14.1 We have the right to revise and amend these Terms from time to time.
14.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
15. Law And Jurisdiction
16.1 Contracts for the purchase of Products through the Site will be governed by the laws of Victoria, Australia. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
16. General
16.1 If there is any conflict between these Terms and the Order Confirmation, then the latter shall prevail.
16.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
17. Special Offers Terms
17.1 Free standard postage & packing applies to order over $80 (inclusive of GST) after any promotional discounts have been taken off. Free standard postage applies only to orders for delivery in Australia. Please note, large volume orders may be subject to additional delivery charges. This will be discussed with you, before your order is dispatched.
17.2 Terms & Conditions for individual promotions can be viewed via the Promotion Terms and Conditions page.
18. Product Photography
18.1 Product images shown on the website are for reference purposes only and may not reflect the true size. shape or colour of the product.