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Conditions of Use

Conditions of Use and Disclaimer

1. Important disclaimer

While The Truffle Man has made every effort to ensure the information contained in its website is free from error, The Truffle Man does not warrant the accuracy, completeness or adequacy of the information in this website. All information is subject to change without notice. The Truffle Man does not guarantee that The Truffle Man's website or third party websites will be free from viruses. While all reasonable care has been taken in the preparation of the material contained on this website, The Truffle Man and each party providing material displayed on this website disclaim liability to all persons in relation to any action(s) taken on the basis of currency of material or any loss or damage suffered in connection with that material. You should make your own enquiries before entering into any transaction on the basis of the material on this website.

Shopping at The Truffle Man requires the inclusion of certain terms and conditions to satisfy the interests of you, the purchaser, and The Truffle Man, the seller.

In shopping with us you will be accessing, using and/or browsing this website. It is agreed that you are bound by our terms, conditions, disclaimers and limitations of liability here described. The Truffle Man reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability, at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

The Terms and Conditions listed in this document govern the use of The Truffle Man website ("the website") and the purchase of any goods or services from it. The website is owned and operated by RBL International Pty Ltd (ABN 65 121 870 648).

For assistance you can contact us on 61 (0) 448 442 093 between 9am - 6pm Monday to Friday, or via email info@thetruffleman.com.au

2. Copyright

Save and except for third party content, all the content of this website and downloads from it are owned directly or licensed by The Truffle Man. All rights reserved.

You are responsible for obeying all applicable copyright laws. You may access and display these pages on a computer, monitor or other video display device and make a print copy of any whole page or pages on this website for your personal use only, but only if you: (a) do not modify the copy from how it appears on The Truffle man's website (unless expressly authorised by The Truffle Man in writing) (b) include the above copyright notice on the copy (c) All other use, copying or reproduction of any part of this website is strictly prohibited. Without limiting the foregoing you must not reproduce, frame, transmit (including broadcast), adapt link to, or otherwise use any of the material on the website including audio and video excerpts without the prior written approval of The Truffle Man. For permission to reproduce any material, a request in writing is to be made to The Truffle Man's Legal Business Unit.

3. Links to other websites

This website contains links to websites maintained by other organisations. The Truffle Man does not provide any warranty or take any responsibility or liability for the accuracy, source or any other aspect of those websites. The links are provided solely for your convenience and do not indicate, express or imply, any endorsement by The Truffle Man of the website(s) or the products and services provided there. You access those websites and use the information, products and services solely at your own risk.

4. Trademark notice

This website includes registered trademarks. Unless otherwise indicated they are owned by RBL International in Australia and may be the subject of rights in other countries. You must not use RBL International's trademarks except: (a) by saving or printing out a copy of The Truffle Man's website as permitted by the copyright notice above (b) as permitted by written agreement from The Truffle Man. You grant The Truffle Man irrevocable right and royalty-free licence to copy and adapt any material you generate through use of any feedback facility, to the extent necessary to provide the facilities, or to promote the facilities or any other service of The Truffle Man.

5. Invalid terms and conditions

In the event that any or any part of the terms contained in these terms of use are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.

6. Website unavailability

The Truffle Man does not accept responsibility in the event that the website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of The Truffle Man.

7. Limitation of liability

To the extent permitted by law, The Truffle Man, the website, its employees, agents and consultants exclude all liability for any loss or damage claims and expenses including but not limited to legal costs, indirect special or consequential loss or damage arising out of the information on The Truffle Man’s website or to third-party content. Where any law prohibits the exclusion of such liability, The Truffle Man limits its liability to the re-supply of the information, the goods or services at its own discretion.

8. Orders

Orders placed by you to The Truffle Man represents your indication to purchase goods and/or services from The Truffle Man but does not necessarily represent our acceptance into any such agreement. We will not fulfill orders until we are satisfied that the payment process is validated, and satisfied with the integrity of the order, especially when the recipient is to be a third party. This particularly relates to the sale of alcohol, which may form part of a gift to a third party. The Truffle Man is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Our rights are reserved in relation to not providing goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

9. Cancellation of orders

To cancel an order, please contact us immediately on 61 (0) 448 442 093. Our agreement with you only comes into existence once we have processed your payment or deposit. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be cancelled will be subject to our terms, conditions and policies.

Prices of goods and services, postage and handling fee, and other charges displayed on the website are current. The amounts nominated can be varied and changed without notice. All contents of this website are factual and correct to the best of our knowledge, but we do not warrant that the content is without error.

10. Shipping

The purchaser has the responsibility to provide The Truffle Man with accurate details for deliveries.

The Truffle Man ships all orders within 2 business days of order payment. In order to provide our customers with the lowest possible freight cost, we use the combined services of Australia Post/Express Post (please check if it includes your postcode), Australian Air Express and dedicated companies such as Courier Please or refrigerated couriers.

All efforts will be made to deliver goods within the expected timeframe, however, The Truffle Man cannot be held responsible for delays or conditions which may affect delay.

If you have any issues with your order, or should you wish to receive an update on the status of your order. please do not hesitate to contact us.

Courier deliveries will require a signature on delivery to your nominated address unless you provide specific instructions regarding the delivery (e.g. leaving goods at the door etc.). In such cases, The Truffle Man accepts no liability for misplaced deliveries.

Please note that although we take great care in the packaging of goods to ensure they arrive in good condition, The Truffle Man accepts not liability for damaged deliveries. Goods travel uninsured as per freight carrier standard policies. Should you wish to insure your goods please contact us.

Fresh items will only be delivered to an office or a residence during which there will be someone in attendance at that address to take delivery of the fresh goods. If fresh goods are lost or damaged from failing to meeting above condition, The Truffle Man does not accept any liability.

You are obliged to contact The Truffle Man in the event of a delivery not arriving within the estimated time, or of any other matter that relates to the non-arrival of an order by the anticipated date. We will not be held liable for any loss or damage resulting from late delivery.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

Should an item has been lost in transit, we will not dispatch a replacement item until the matter has been thoroughly investigated, and even then, any replacement will be at 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.

All shipping charges are calculated on the weight of products to be shipped. Our freight rates are calculated on checkout, but subject to change without notice.

For refrigerated goods, please note that approximately 1kg of ice will be added to the goods and freight will be calculated to include this additional weight.

11. Returns Policy

The return of goods ordered by you is limited only to situations where there is a legal obligation for such goods to be returned (e.g. faulty goods) or is via discretion of The Truffle Man.

 Except where required by law, all returned products must be:

  1. Unused, unopened and in original condition
  2. Undamaged and unstained
  3. Returned within 14 days of delivery
  4. In a saleable condition upon return

The Truffle Man will refund the cost of the product (via the original payment method); provide a replacement product; or issue a store credit for all returned products, which meet the abovementioned criteria.

The Truffle Man will not refund any postage and handling fees, gift-wrapping and any other associated costs in providing the goods.

Products that were purchased in conjunction with a promotion and were subsequently delivered with a Free Gift, must be returned with that Free Gift to receive a full refund for the original item purchased. If the original item is returned without the Free Gift, the value of the gift will be charged to the purchaser via the original payment method.

If you return goods via an Australia Post Office, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.

You should expect to receive a refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your returned item from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply login to your online store account and and navigate to My Account. Navigate to the Completed Orders section and click on the Return Item(s) button. Select the products you want to return using the Qty. to Return  drop down boxes and choose the Return Reason. The Return Action  and Comments  are optional fields. Click on Submit Return Request. You will receive an e-mail confirming your return request and the processing of your return. Alternatively, you may contact us via e-mail info@thetruffleman.com.au.

12. Faulty Goods

Except where required by law, you must return faulty goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card, as specified by the manufacturer.

In the event that you receive a defective product, we will refund the original product price, postage and handling fee, gift-wrapping and other fees, via the original method of payment. Alternatively, if you request a replacement, we will dispatch your replacement item (subject to availability) once we receive the return, at our cost.

Please note that for all products that are found to be non-defective, the postage and handling fee of returning the item to The Truffle Man will be charged to the purchaser.

13. Variation of terms of use

The Truffle Man reserves the right to vary these terms and conditions from time to time and to notify you of such variation by any means as The Truffle Man thinks fit. Any variation shall become effective upon such notification.

14. Indemnity

All purchasers agree to waive any and all claims that you now have, or may have in the future, against The Truffle Man and our associates and which relate to, or are incidental to, any transaction.

You agree to indemnify and hold The Truffle Man harmless from and against any and all claims, loss or expense that may be incurred by The Truffle Man or our associates which relate to, or are incidental to, the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action, or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold The Truffle Man and our associates harmless from any claim made by any third party due to, or arising out of, your use of this website.

15. Jurisdiction

This website (excluding any linked third-party websites) is controlled by The Truffle Man. By accessing this website you accept that any disputes arising out of your use of this website or its contents shall be governed by the courts having jurisdiction in the State of Queensland in Australia in accordance with the laws in force in the State of Queensland in Australia. This website may be accessed throughout Australia and overseas. The Truffle Man makes no representation that the material on this website complies with the laws of any country outside Australia. If you access this website from outside Australia you are responsible for ensuring compliance with all applicable laws in the place where you are located.


 

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