Spanish fresh fruit and vegetable market

Our Terms and Conditions

The Artesano de Espana Online website www.artesano.com.au , is owned and operated by “Artesano” (ABN 36 647 605 652). For the purposes of our terms and conditions, the term “Web Site” shall be used for all Terms and Conditions relating to the website www.artesano.com.au

By accessing, browsing or using this Web Site, you agree to the terms, conditions and disclaimers herein as amended from time to time. By purchasing an item advertised on this Web Site you agree to be bound by these Terms and Conditions. “Artesano” may amend these Terms and Conditions from time to time and any amendment will become effective immediately. Your continued use of this Web Site after amendment constitutes an agreement to abide by and be bound by those Terms and Conditions, as amended.

The products and services offered for sale by “Artesano” are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts. Any party engaged in illegal activities involving the use of this Web Site will be subject to civil and criminal sanctions and prosecution. “Artesano” does not guarantee that it will be able to prevent any illegal or inappropriate use of this Web Site, nor that it will give notice of any illegal or inappropriate use of this Web Site.

Ordering through our site
You must be 18 years or older to place any order with Artesano. By using this Web Site to purchase goods you acknowledge that you are at least 18 years old. By purchasing any goods through the Web Site, you make an offer to us to purchase the goods you have selected based on these Terms and Conditions. Information contained on the Web Site constitutes an invitation to treat. No information on the Web Site constitutes an offer by us to sell any goods. “Artesano” reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

When you place an order with us you agree to pay in full the value of the goods plus any shipping charges.  All orders must be paid in full prior to goods being despatched.   Any payments received require that funds be cleared before we will despatch your goods.  We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we are unable to process or accept your order after payment is received we will contact you immediately by email or telephone. When you make a payment to “Artesano” by Paypal/Credit card, no credit card details are stored by “Artesano”. All details are kept securely by Paypal. If any breaches occur, you will need to bring this to the attention of Paypal, “Artesano” only acts as a middle entity. 

Your Personal details such as name and address do get stored by “Artesano”, and we will use these to send future communications to you. At any time you may opt to stop receiving these emails. “Artesano” will promptly remove you from any lists. No information will be given out to any other party. Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. Currently “Artesano” does not charge GST on the sale of its products.

Dispatch and Delivery
On your request, we will organise for the delivery of your order to your designated delivery address. Our delivery contractors are Australia Post. Each product page will show the delivery charge for that item. Our delivery fee is made up of a Basic Charge Fee  plus a Distance Charge that is calculated  on the destination and weight of each product. Whilst we aim to despatch within 1 to 3 days or receiving payment for your order and estimate delivery time is within 5 to 7 days Australia Wide, under no circumstances does “Artesano”  ever warrant that it will meet a particular delivery time or date. If your items received are broken or damaged, please review our returns policy in the information section of the Web Site.

Submissions (Reviews, comments, communications and other comment)
We welcome your comments regarding the Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications, etc, sent to “Artesano”, shall be and remain the exclusive property of “Artesano”. If you do post content or submit material, and unless we indicate otherwise, you grant “Artesano” a nonexclusive right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, or display such content throughout the world in any media, for any purposes what so ever without restriction or any compensation to you in any way. For this reason we ask that you do not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas computer code or original artwork.

Visitors to the Web Site may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. “Artesano” reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Communications from Us at Artesano
“Artesano” reserves the right to email you in relation to your order or any enquires that you may have had in relation to an order or our products. “Artesano” reserves the right to email you our monthly newsletter if and only if you elect to sign up/subscribe to it. “Artesano” will not email you marketing material for example product alerts and special offers that we believe may be of interest to you unless you have specifically requested that we place you on our mailing list.  If you have either signed up for our newsletter and or mailing list, we respect your right not to receive these communications if you choose to cancel them at any stage and if you advise us at the that you do not wish to receive these communications from us we will disable that functionality for your account or you can simply Unsubscribe.

Product Descriptions
“Artesano” attempts to be as accurate as possible. However, “Artesano” does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by “Artesano” itself is not as described, please let us know at once. A note on Color. We have done our best to display as accurately as possible the colours of the products shown on the Web Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Correction of Errors and Inaccuracies
The product information contained in this web site is provided by “Artesano” in good faith.  The information is believed to be accurate and current at the date the product information was placed on this web site.“Artesano” does not warrant that the web site or any products or services advertised on the web site will be available or will meet customers requirements.  “Artesano” does not warrant that your access to the network or the information contained in any content will remain error free. Neither “Artesano” nor any employees of “Artesano”  make any representation or warranty as to the reliability, accuracy, or completeness of the information contained on this website, and by accessing this website you agree that neither “Artesano” nor any of the employees thereof will be liable for any errors or omissions in the information contained on this website.   In ordering products from this website, you accept all responsibility for selecting a product that is suitable for your purposes. If you are not fully satisfied with your purchase please review our returns policy in the information section of the Web Site.

Indemnification
You agree to indemnify and hold “Artesano” and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Web Site, any breach by you of these Terms and Conditions and/or any goods purchased by you from “Artesano”.

Limitation of liability
In no event shall “Artesano” or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, “Artesano”  liability is limited to an amount equal to the purchase price of the relevant goods.

To the extent permitted by applicable laws, “Artesano” does not accept any liability for:

• errors, mistakes or inaccuracies on the Web Site;
• you acting, or failing to act, on any information contained on or referred to on the Web Site and/or any linked website;
• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
• any interruption or cessation of transmission to or from the Web Site; and/or
• that the network or server that stores and delivers the website and its contents to you will remain free of viruses or other harmful components.
• By accessing the website you agree that “Artesano” will not be liable as a result of any error, virus or harmful components.

Miscellaneous
These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales. Each party submits to the exclusive jurisdiction of the Courts of New South Wales. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of “Artesano”. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by “Artesano” in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.

Statutory conditions and warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au

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