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TERMS AND CONDITIONS

 

1. INTRODUCTION

Thank you for visiting our website.

This website is owned and operated by Thai Larder, ABN: 30 320 112 208. These terms and conditions (Terms) govern your access to and use of our website.
 

Throughout these Terms, references to "we," "our," and "us" refer to Thai Larder and its directors, officers, employees, agents, related entities, and affiliates. References to "you" or "your" mean the person who agrees to be legally bound by these Terms.
 

Any new features or tools added to the website will also be subject to these Terms. The most current version of the Terms can be reviewed on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
 

Please read these Terms carefully before accessing or using our website. By using the website, including by placing an order for products on this website, you agree to be legally bound by these Terms. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, use this website.
 

2. DEFINITIONS

In these Terms:
 

  • "Content" means all material and information (including all text, links, graphics, logos, audio, and software) published on the website.

  • "Intellectual Property" means all intellectual rights of whatever nature (whether or not registered or registrable), including, but not limited to, all copyright, trade names, trademarks, business names, domain names, logos, designs, patents, and trade secrets.

  • "Order" means an order for one or more products made on the website.

  • "Privacy Policy" means the privacy policy of Thai Larder (as amended from time to time), the current version of which can be accessed at the following link: [Privacy Policy URL].

  • "Products" means the product items listed for sale on the website from time to time.

  • "Website" means **https://www.thailarder.com/** and any systems used by or in connection with that website, including servers and networks that host the website, and any content used on or in connection with the website, including but not limited to data, source codes, graphics, and images.
     

3. WEBSITE USE

You may only access or use this website for your own personal use.

This website and its content are provided to you "as is." Your access to and use of this website is at your own risk.

In order to use this website, you will need internet access and devices and systems compatible with this website. These requirements may change at our sole discretion and without notice, and it is your responsibility to ensure that your devices and systems meet the relevant requirements. We have no obligation to make this website available to you at any time or on any device or system.

You are responsible for taking all necessary steps to ensure that your access to and use of the website do not expose you or your computer system to interference or harm, including interference or harm from viruses or other malicious computer code. We accept no responsibility or liability for any interference or damage to your own computer that arises in connection with your use of the website or any linked website or service.

You may link to our website, provided you do so in a manner that is at all times legal and does not damage our reputation. You must not establish such a link or engage in any conduct in relation to that link, which represents any form of association, approval, or endorsement that does not exist.


4. UNACCEPTABLE ACTIVITY

You must ensure that your access to and use of this website is not inappropriate or prohibited by any laws that apply to you. This includes, but is not limited to:
 

  • Breaching these Terms;

  • Breaching the legal rights of another person or entity;

  • Infringing the Intellectual Property rights of Thai Larder or a third party;

  • Misusing, hacking into, reverse-engineering, circumventing, disabling, or undertaking or attempting to undertake any activity that will place an unreasonable burden on or otherwise disrupt the operation of this website or any part of it;

  • Posting or transmitting to this website any unauthorised or unlawful material (including material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, or threatening, or which is otherwise detrimental to or in violation of our systems or network security).

We may stop, limit, regulate, restrict, or withdraw, temporarily or permanently, your access to or use of the website.


5. PROMOTIONS & COMPETITIONS

From time to time, we may run promotions and competitions. These promotions and competitions may be subject to separate terms and conditions, which will be published on this website. Please read all additional terms and conditions before participating in any promotion or competition. By entering or participating in a promotion or competition, you agree to be legally bound by any additional terms and conditions applicable to that promotion or competition. If you do not agree to be legally bound by those additional terms and conditions, you must not, and are not permitted to, enter or participate in a promotion or competition.

In the event of any inconsistency between any terms and conditions applicable to a promotion or competition and other clauses in these Terms, the terms and conditions applicable to the specific promotion will prevail.

The following terms apply to promotional codes issued by Thai Larder:
 

  • Promotional codes are non-transferable and cannot be redeemed for cash.

  • No more than one promotional code can be applied at checkout to an Order.

  • Promotional codes cannot be used in conjunction with any other offers.

  • Promotional codes cannot be applied to a previous Order.

  • Promotional codes can only be redeemed in accordance with any relevant terms and conditions — including, but not limited to, minimum spend requirements, validity periods, and product or sale exclusions; and

  • Thai Larder reserves the right to withdraw, cancel, or vary the promotional codes offered. Any withdrawal, cancellation, or variation will not apply to any Order confirmed by us before the withdrawal, cancellation, or variation of the promotional code.
     

6. SOCIAL MEDIA

Thai Larder does not necessarily endorse, support, sanction, encourage, or agree with any comments, opinion, or statements posted by users on our social media sites.

Thai Larder may moderate user-posted content on its social media sites and may remove any content that is, in our reasonable opinion, unlawful or inappropriate.
 

7. ORDERS

Subject to these Terms, you may place an Order for Products using the website.

If you make an Order, you:
 

  • Agree to pay the price of the Products and the applicable delivery fee;

  • Warrant to us that all information provided by you in relation to that Order is accurate, complete, and current; and

  • Warrant to us that the Products in your Order are intended for personal, domestic, or household use only and are not intended for commercial use (including commercial re-sale).
     

We will not be liable to you for any loss you or any third party suffers or incurs as a result of, or in connection with, any delay or failure to process your Order or to deliver any Products to you due to inaccurate or incomplete details provided in an Order.
 

If you place an Order, and the Products are to be delivered to someone other than you, you warrant to us that you have obtained that person's consent to provide us with their personal information, and that they agree to accept delivery of the Products.
 

You acknowledge and agree that each Order that you make, if accepted by us, is a separate and binding agreement between you and us for the supply and delivery of the Products, the subject of the Order, in accordance with these Terms.
 

If we accept your Order, we will send a confirmation email to your nominated email address.
 

If you request to change or cancel your Order due to a change of mind in accordance with these Terms, we will use our reasonable endeavours to cancel or change that Order if it has not already been shipped, but we make no representation that we will be able to do this.
 

We may, at our sole discretion, cancel your Order at any time before shipping the Products.
 

If we cancel your Order, we will send a confirmation email to your nominated email address. If this occurs, you will be provided with a full refund of the purchase price of the Order.

8. PRODUCTS, PRICING, DELIVERY FEES & DISCOUNTS

Products and prices of Products are listed on the website and are subject to change at our sole discretion.
 

Prices for Products and delivery fees for Orders are listed on the website and, unless otherwise specified, are in AUD Dollars.
 

Prices for Products in an Order and the delivery fee for that Order are fixed once an Order has been confirmed.
 

Discounts to the prices of Products may be given at our sole discretion on terms and conditions notified to you by us.
 

9. PAYMENTS

Acceptable payment methods are listed on the website and are subject to change at our sole discretion.
 

Your Order must include details of your nominated payment method. If the name included in connection with the Order does not match the name included in your nominated payment method, we may ask you to provide us with additional information (for example, proof of identity documents). By providing details of your nominated payment method with your Order, you authorise us to deduct the price of the Products and the delivery fee for that Order from your nominated payment method.

If we accept your Order, we will process payment for your Order then or shortly thereafter.

You acknowledge and agree that we may not be able to, or may decline in our reasonable discretion, to accept payment from you by your nominated payment method. We will notify you if this occurs.

If you request a change of your Order after we have accepted the Order, we will charge or refund you in full (to the payment method you used to make the Order) the difference (if any) between your initial Order and your amended Order.

If you elect to cancel an Order due to a change of mind after we have accepted the Order, we will refund you in full (to the payment method you used to make the Order) the value of that Order.

We will not ship the Products in your Order unless we have accepted your Order, and we have received payment in full for that Order from your nominated payment method.
 

10. GIFT CARDS

Thai Larder gift cards can be purchased on this website in Australia only. They will be sent to your nominated email address once the full Order for the gift card(s) has been processed, and payment has been made.

Gift cards can be redeemed against all Products on this website. If your Order total exceeds the value of the gift card, the excess amount must be paid via an alternative payment method nominated by you. If your Order total is less than the value of the gift card, the remaining balance will be stored on the gift card and can be redeemed against subsequent Orders during the validity period of the gift card.

Gift cards are non-transferable, non-returnable, and cannot be redeemed for cash.

Subject to your rights under the Australian Consumer Law (ACL), if you return Product(s) you have purchased using a gift card (in respect of the full purchase amount or part of the purchase amount), the applicable purchase value will be applied as store credit to any account you have set up with the same email address used to Order your Product(s). If you do not have an account, the value will be applied to a gift card that will be sent to the email address used to Order your Product(s). The store credit or gift card can be redeemed against subsequent Orders within the validity period of the original gift card used to Order the Product(s). This clause does not exclude, restrict, or modify your rights under the Australian Consumer Law.

Gift cards are valid for three years from the date of purchase unless otherwise required by law. Any unredeemed balance remaining on the gift card after the three-year validity period will not be refunded or credited.

Thai Larder is not responsible for, and will not replace, any gift cards that are lost, stolen, damaged, or used without permission.

Thai Larder reserves the right to cancel a gift card if we deem such action necessary to protect our legitimate interests (for example, in the event of a security breach). The value of the gift card at the time of cancellation will be refunded to you or issued as store credit.
 

11. DELIVERY

If we have received payment in full for your Order, we will deliver your Order to you in a timely manner.

Following delivery of your Order, we will send a confirmation email and invoice for your Order to your nominated email address.

You acknowledge and agree that the delivery of your Products may be delayed due to reasons beyond our control, and except to the extent caused by us and otherwise to the maximum extent permitted by law, we will not be liable for and you forever release and discharge us from any claims you may have against us for any direct, indirect, special, consequential, or other damages that result from, are connected with, arise out of, or are incidental to that delay.

If you have provided us with an incorrect or incomplete delivery address for your Order or your Order is otherwise returned to us, we may charge you a delivery fee for each subsequent delivery attempt.

Title and risk in the Products pass to you at the time of delivery of the Products to your nominated delivery address.

If you Order Products from outside Australia, your Order may be subject to import duties, fees, and taxes, which are determined once your shipment reaches your country and are payable by you. You may also be required to pay additional customs clearance charges. Thai Larder is not liable for such import duties, fees, taxes, or charges. In addition, Orders shipped internationally may be subject to customs clearance procedures that can cause delays beyond our control. If you choose to refuse a shipment from Thai Larder due to a change of mind, you will remain responsible for the original shipping charges, duties, fees, taxes, and/or customs charges incurred and the cost of return shipping.
 

12. RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW

The ACL provides you with rights in respect of your Order and the Products the subject of the Order that cannot be excluded by these Terms, including that your Products must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for, and that the Products will correspond with any relevant description.

Nothing in these Terms shall be read or applied so as to exclude, restrict, or modify or have the effect of excluding, restricting, or modifying any condition, warranty, guarantee, right, or remedy under the ACL, which cannot by law be excluded, restricted, or modified.
 

13. RETURNS, REFUNDS, EXCHANGES & STORE CREDITS

If you believe you are entitled to a repair, replacement, or refund of a Product or a store credit in relation to the value of a Product, please notify us via email at ann@thailarder.com.au. In the email, please specify the nature of the issue, attach photos or provide other evidence of the issue, and include your Order number.

Once we have received your email, we will respond to you as soon as reasonably possible. We may request additional information from you in relation to your claim before we agree to provide you with a repair, replacement, refund, or store credit.

Except to the extent required by the ACL, we will not repair, replace, refund, or provide you with a store credit for Products that you have used in an abnormal manner, in your own commercial capacity or for commercial re-sale.

Subject to the ACL, we may choose at our sole discretion to provide you with a repair, replacement, refund, or store credit for Products that have a minor or major defect, have been damaged in transit or are faulty.

Subject to the ACL, we may choose at our sole discretion to provide you with a refund or store credit for Products that do not meet any performance or quality standards.

Except to the extent required by the ACL, we will not repair, replace, refund, or provide you with a store credit for Products that are damaged after delivery.

We will send any repaired or replacement Products to your nominated delivery address at our expense.

Any refunds given by us will be made to the nominated payment method you used to make your Order, unless you notify us via email of an alternative payment method you would like us to use. If you would like your refund to be paid to an alternative payment method, please provide us with those details in your email.

If your refund relates to a gift card (in respect of the full purchase amount or part of the purchase amount), the applicable purchase value will be applied as store credit to any account you have set up with the same email address used to Order your Product(s). If you do not have an account, the value will be applied to a gift card that will be sent to the email address used to Order your Product(s). The store credit or gift card can be redeemed against subsequent Orders within the validity period of the original gift card used to Order the Product(s).

We reserve the right to require you to return the Products in respect of which you claim a repair, replacement, refund, or store credit. If we do require you to return the Products, we will reimburse you for the reasonable postage or transportation costs you incur to return the Products to us.

Any repairs, replacements, refunds, or store credits are subject to your rights under the ACL.
 

14. INTELLECTUAL PROPERTY

Unless otherwise indicated, we own or license from third parties all rights, title, and interest (including Intellectual Property rights) in and to the website, all Content, and all Products offered through the website.

Your use of the website, Content, and Products does not grant or transfer to you any rights, title, or interest in relation to the website, Content, or Products, except as expressly provided for in these Terms.

You must not, without our prior written consent and without the prior written consent of any owner of Intellectual Property rights, copy, modify, create derivative works from, transmit, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information or Intellectual Property belonging to Thai Larder or any third party.
 

15. PERSONAL INFORMATION

In using the website, you may give us personal information. By using the website, you grant us consent to collect, store, and use your personal information in accordance with our Privacy Policy.

16. SOCIAL MEDIA AND THIRD-PARTY WEBSITES

The website may include links to third-party websites. These links are provided for your convenience only and do not indicate, expressly or impliedly, any endorsement by us of the website, the information or services provided, or any association between us and the owners or operators of those websites.

We have no control over the content of third-party websites and are not responsible for the content or any consequences arising out of your use of them.

The website may also include social media features and widgets. These features may collect information about your IP address and which page you are visiting on the website, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on the website. Your interactions with these features are governed by the privacy policy of the company providing it.


17. WARRANTIES AND DISCLAIMERS

The website is provided to you on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
 

Thai Larder, its directors, officers, employees, agents, related entities, and affiliates do not warrant that:

  • The website will meet your requirements or be available on an uninterrupted, secure, or error-free basis;

  • Any defects or errors will be corrected;

  • The website will be free of viruses or other harmful components; or

  • The content of the website is accurate, complete, or current.
     

You acknowledge and agree that your use of the website is at your own risk, and we are not liable for any losses or damages incurred by you as a result of your use of the website.
 

18. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Thai Larder, its directors, officers, employees, agents, related entities, and affiliates are not liable to you or any third party for any loss or damage, whether direct, indirect, incidental, special, consequential, or punitive, arising out of or in connection with your use of the website, including but not limited to loss of profits, loss of data, loss of business or business interruption, or personal injury, even if we have been advised of the possibility of such loss or damage.

If the ACL or other consumer protection laws apply to these Terms, to the maximum extent permitted by law, our liability to you for a failure to comply with the ACL or consumer protection laws, including without limitation our liability for any non-excludable guarantees set out in the ACL, is limited at our sole discretion to:
 

  • The replacement of the Products or the supply of equivalent Products;

  • The repair of the Products;

  • The payment of the cost of replacing the Products or acquiring equivalent Products; or

  • The payment of the cost of having the Products repaired.
     

19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Thai Larder, its directors, officers, employees, agents, related entities, and affiliates from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from:
 

  • Your breach of these Terms;

  • Your access to or use of the website or Content;

  • Your use or misuse of the Products; or

  • Your violation of any third-party rights, including any Intellectual Property rights.
     

20. TERMINATION

We may terminate or suspend your access to and use of the website at any time and for any reason without notice or liability to you.

 

21. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Thai Larder regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
 

22. GOVERNING LAW AND JURISDICTION

These Terms are governed by and will be construed in accordance with the laws of the NSW Jurisdiction. You agree that any legal action or proceeding between you and Thai Larder that is related to these Terms will be subject to the exclusive jurisdiction of the courts of the NSW Jurisdiction.
 

23. SEVERABILITY

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, the remaining provisions of these Terms will continue in full force and effect.
 

24. ASSIGNMENT

We may assign our rights and obligations under these Terms at any time without notice to you. You may not assign any of your rights or obligations under these Terms without our prior written consent.
 

25. WAIVER

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
 

26. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at ann@thailarder.com.au.

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