Terms and conditions
These are the Terms and Conditions of Ishka Beverages Pty Ltd trading as Ishka Kombucha (ABN 51672688087) (“Ishka Kombucha ”, “we”, “us” or the “Company”) on our website located at https://ishkakombucha.com.au, which is owned and operated by us (Website). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our website.
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
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1. ECOMMERCE
a) Age Restriction
Capacity to transact on our website requires users to be over 18 years of age. We do not knowingly collect personal details from individuals under 18 years old. Should we become aware that this has occurred, we will suspend your account and delete all personal information immediately
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b) Orders
While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable. We reserve the right to refuse to provide products to you and or terminate your access to our website at any time prior to your order being accepted.
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c) Account Security
Capacity to transact on our website requires users to be over 18 years of age. We do not knowingly collect personal details from individuals under 18 years old. Should we become aware that this has occurred, we will suspend your account and delete all personal information immediately
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We offer a subscription service for which we will require you to submit a username and your personal details. We use Secure Sockets Layer (SSL) technology to protect your online order information. This is current industry standard encryption technology. SSL encrypts all information including your credit card and all personal information provided to us via our website. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.
You are wholly responsible for maintaining the accuracy and confidentiality of your account. You agree and accept responsibility for all activities that occur under your account, whether authorized by you or not. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
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2. Refunds and Returns
a) Mistakes
We are a small team that handles everything by hand, while we take every care to make sure our online store is accurate and up to date, mistakes may happen from time to time. Call us and we will do our best to replace the missing items, subject to stock availability, as soon as possible
b) Availability
Ishka Kombucha is a naturally fermented product, brewed onsite, and it doesn’t always adhere to our production schedules. If an order is not in stock or has not sufficiently matured at the time of dispatch, we will call you to discuss your preference for a replacement or partial refund.
c) Errors
If there’s been an error leading to your order such as a pricing or stock error, call us and we will resolve the matter to your satisfaction.
d) Cancellation
Please email us a minimum of 3 days’ notice before our shipping date if you wish to cancel your order for a full refund
e) Faulty Goods
If you receive goods that are faulty or damaged, please call us in the first instance. We will do our best to offer a full replacement in as timely a manner as is practicable or provide a refund, whichever is preferred, subject to stock availability.
f) Change of Mind
We want you to enjoy our products, however if you are not in any way satisfied, we will offer you a choice of a refund, a credit or an exchange on that part of the delivery that has been returned to us, unopened, on the proviso that the goods have been returned to us undamaged within seven days of receipt, at your expense. It is a requirement that you call us to discuss your complaint prior to returning any goods. An email confirming authority to return will be sent to you where a return of goods has been agreed. We will not be responsible for goods, nor be obligated to provide remedy for any goods that have been returned without prior agreement sought.
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3. PAYMENT
You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our website.
You acknowledge and agree that your payment in full in cleared funds is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
We currently accept payment by credit card, PayPal and in -person using electronic funds transfer at point of sale (EFTPOS).
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit providers, which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our website, please contact them directly.
We use Stripe (USA) for payment processing and secure storage of customer payment information (including encryption). https://stripe.com/au/privacy
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4. DELIVERY
a) Delivery Zones
We currently deliver products to a zone within an approximate 10km radius of Osborne Park, Western Australia, free of charge, this may change at any time in the future with details of such changes being provided on our website.
Our delivery zone is determined at our sole discretion, and may change from time to time. We reserve the right to refuse delivery to any location irrespective of that location being within a 10km radius of Osborne Park.
Goods can be collected from our brewery, located at 32 Hector St West, Osborne Park, by prior arrangement. Call us to arrange on 1300 620 398
b) Dispatch Timeframes
We attempt to process and delivery all orders within 48 hours of receipt of cleared funds. We ask for your patience as this handling period may vary, for example, if we have a high volume of orders or over weekends and holiday periods.
You acknowledge that we’re not liable for any delay in dispatch of your order.
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c) Delivery Address
It’s your responsibility to make sure that your postal address details are correct- we are not responsible for any incorrect or failed deliveries if you don’t supply current, accurate postal address details. We do not provide a delivery service to Perth CBD or residential addresses where there is no easy physical access (locked gates, intercom access, gated communities) unless there is someone available to take receipt of the goods.
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d) Risk
Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
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5. EVENTS BEYOND CONTROL
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel, pandemic related lockdowns) get in the way. If circumstances occur where we can’t reasonably dispatch your order, you release us from any obligation to deliver your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
6. ADVICE AND INFORMATION
We may give you advice, recommendations, information or assistance in relation to products on our website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our website, unless otherwise required by law.
7. AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the
ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
• replacement of the product.
• repair of the product.
• payment of the cost of having the product repaired; or
• such other fair and reasonable remedy as we are ready and willing to provide.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re- sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.
To make an ACL-related claim, please contact us at hello@ishkakombucha.com.au
8. INTELLECTUAL PROPERTY
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
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9. DISPUTE RESOLUTION
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Western Australia (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.22
Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).
10. VARIATION
We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
11. SEVERANCE
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
12. TERMINATION
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.
13 . JURISDICTION
As we are based in Western Australia , these terms will be governed by the laws of Western Australia . In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Western Australia and courts of appeal from them.
This document was last updated: 27/11/2023