Terms

Website Terms and Conditions of Use


1.1. Welcome to www.byronbayolivescompany.com (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

1.2. The Website is operated by . Access to and use of the Website, or any of its

associated Products or Purchase Services, is provided by Detour En Provence

PTY LTD. Please read these terms and conditions (the ‘Terms’) carefully. By

using, browsing and/or reading the Website, this signifies that you have read,

understood and agree to be bound by the Terms. If you do not agree with the

Terms, you must cease usage of the Website, or any of the Purchase Services,

immediately.

1.3. Detour En Provence PTY LTD reserves the right to review and change any of the

Terms by updating this page at its sole discretion. When Detour En Provence

PTY LTD updates the Terms, it will use reasonable endeavours to provide you

with notice of updates to the Terms. Any changes to the Terms take immediate

effect from the date of their publication. Before you continue, we recommend you

keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms

by clicking to accept or agree to the Terms where this option is made available to you

by Detour En Provence PTY LTD in the user interface.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register as a user of the

Website. As part of the registration process, or as part of your continued use of

the Purchase Services, you may be required to provide personal information

about yourself (such as identification or contact details), including:

(a) an email address

(b) a mailing address

(c) a telephone number.

3.2. You warrant that any information you give to Detour En Provence PTY LTD in the

course of completing the registration process will always be accurate, correct and

up to date.

3.3. Once you have completed the registration process, you will be a registered

member of the Website (‘Member’) and agree to be bound by the Terms. As a

Member you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if:

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(a) you are not of legal age to form a binding contract with Detour En Provence

PTY LTD; or

(b) you are a person barred from receiving the Purchase Services under the

laws of Australia or other countries including the country in which you are

resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines

in the relevant jurisdictions;

(c) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other person

may result in the immediate cancellation of the Purchase Services;

(d) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify Detour En

Provence PTY LTD of any unauthorised use of your password or email

address or any breach of security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of Detour En Provence

PTY LTD providing the Purchase Services;

(f) you will not use the Purchase Services or Website for any illegal and/or

unauthorised use which includes collecting email addresses of Members by

electronic or other means for the purpose of sending unsolicited email or

unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Purchase Services. Appropriate legal action will

be taken by Detour En Provence PTY LTD for any illegal or unauthorised

use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website,

you will agree to the payment of the purchase price listed on the Website for the

Product (the ‘Purchase Price’).

5.2. Payment of the Purchase Price may be made through one of the following third

party providers:

(a) stripe

(the ‘Payment Gateway Providers’)

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In using the Purchase Services, you warrant that you have familiarised yourself

with, and agree to be bound by, the applicable Terms and Conditions of Use,

Privacy Policy and other relevant legal documentation provided by the Payment

Gateway Providers.

5.3. Following payment of the Purchase Price being confirmed by Detour En

Provence PTY LTD, you will be issued with a receipt to confirm that the payment

has been received and Detour En Provence PTY LTD may record your purchase

details for future use.

5.4. Detour En Provence PTY LTD may, at their sole discretion, provide a refund on

the return of the Products within 7 days where the Product packaging is

unopened and remains in a saleable condition. You acknowledge and agree that

you are liable for any postage and shipping costs associated with any refund

pursuant to this clause.

6. Warranty

6.1. Detour En Provence PTY LTD’s Products come with guarantees that cannot be

excluded under the Australian Consumer Law. You are entitled to a replacement

or refund for a major failure of the Product. You are also entitled to have the

Products repaired or replaced if the Products fail to be of acceptable quality and

the failure does not amount to a major failure (the ‘Warranty’).

6.2. You may make a claim under this clause (the ‘Warranty Claim’) for material

defects and workmanship in the Products within “Best before” written on items

from the date of purchase (the ‘Warranty Period’).

6.3. In order to make a Warranty Claim during the Warranty Period, you must provide

proof of purchase to Detour En Provence PTY LTD showing the date of purchase

of the Products, provide a description of the Products and the price paid for the

Products by sending written notice to Detour En Provence PTY LTD at 4/20

ACACIA ST, NSW 2481, Australia or by email at info@byronbayolives.com.

6.4. Where the Warranty Claim is accepted then Detour En Provence PTY LTD will,

at its sole discretion, either repair or replace any defective Products or part

thereof with a new or remanufactured equivalent during the Warranty Period at

no charge to you for parts or labour. You acknowledge and agree that you will be

solely liable for any postage or shipping costs incurred in facilitating the Warranty

Claim.

6.5. The Warranty shall be the sole and exclusive warranty granted by Detour En

Provence PTY LTD and shall be the sole and exclusive remedy available to you

in addition to other rights and under a law in relation to the Products to which this

warranty relates.

6.6. All implied warranties including the warranties of merchantability and fitness for

use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied Products nor to

the additional excluded items set forth below nor to any supplied Products where

the exterior of which has been damaged or defaced, which has been subjected to

misuse, abnormal service or handling, or which has been altered or modified in

design or construction.

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7. Copyright and Intellectual Property

7.1. The Website, the Purchase Services and all of the related products of Detour En

Provence PTY LTD are subject to copyright. The material on the Website is

protected by copyright under the laws of Australia and through international

treaties. Unless otherwise indicated, all rights (including copyright) in the site

content and compilation of the website (including text, graphics, logos, button

icons, video images, audio clips and software) (the ‘Content’) are owned or

controlled for these purposes, and are reserved by Detour En Provence PTY LTD

or its contributors.

7.2. Detour En Provence PTY LTD retains all rights, title and interest in and to the

Website and all related content. Nothing you do on or in relation to the Website

will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright of Detour En Provence PTY

LTD; or

(b) the right to use or exploit a business name, trading name, domain name,

trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or

copyright (or an adaptation or modification of such a system or process).

7.3. You may not, without the prior written permission of Detour En Provence PTY

LTD and the permission of any other relevant rights owners: broadcast,

republish, up-load to a third party, transmit, post, distribute, show or play in

public, adapt or change in any way the Content or third party contact for any

purpose. This prohibition does not extend to materials on the Website which are

freely available for re-use or are in the public domain.

8. Privacy

Detour En Provence PTY LTD takes your privacy seriously and any information

provided through your use of the Application and/or the Purchase Services are subject

to Detour En Provence PTY LTD’s Privacy Policy, which is available on the Application.

9. General Disclaimer

9.1. You acknowledge that Detour En Provence PTY LTD does not make any terms,

guarantees, warranties, representations or conditions whatsoever regarding the

Products other than provided for pursuant to these Terms.

9.2. Detour En Provence PTY LTD will make every effort to ensure a Product is

accurately depicted on the Website, however, you acknowledge that sizes,

colours and packaging may differ from what is displayed on the Website.

9.3. Nothing in these Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the Australian

Consumer Law (or any liability under them) which by law may not be limited or

excluded.

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9.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in these Terms are excluded; and

(b) Detour En Provence PTY LTD we will not be liable for any special, indirect

or consequential loss or damage (unless such loss or damage is

reasonably foreseeable resulting from our failure to meet an applicable

Consumer Guarantee), loss of profit or opportunity, or damage to goodwill

arising out of or in connection with the Purchase Services or these Terms

(including as a result of not being able to use the Purchase Services or the

late supply of the Purchase Services), whether at common law, under

contract, tort (including negligence), in equity, pursuant to statute or

otherwise.

9.5. Use of the Website, the Purchase Services, and any of the products of Detour En

Provence PTY LTD is at your own risk. Everything on Website, the Purchase

Services, and the Products of Detour En Provence PTY LTD, are provided to you

on an “as is” and “as available” basis, without warranty or condition of any kind.

None of the affiliates, directors, officers, employees, agents, contributors, third

party content providers or licensors of Detour En Provence PTY LTD make any

express or implied representation or warranty about its Content or any products

or Purchase Services (including the products or Purchase Services of Detour En

Provence PTY LTD) referred to on the Website. This includes (but is not

restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure

to correct defects, delay in operation or transmission, computer virus or

other harmful component, loss of data, communication line failure, unlawful

third party conduct, or theft, destruction, alteration or unauthorised access

to records;

(b) the accuracy, suitability or currency of any information on the Website, the

Purchase Service, or any of its Content related products (including third

party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Purchase Services

or any of the Products;

(d) the Content or operation in respect to links which are provided for the

User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

10.1. Detour En Provence PTY LTD’s total liability arising out of or in connection with

the Purchase Services or these Terms, however arising, including under contract,

tort (including negligence), in equity, under statute or otherwise, will not exceed

the most recent Purchase Price paid by you under these Terms or where you

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have not paid the Purchase, then the total liability of Detour En Provence PTY

LTD is the resupply of information or Purchase Services to you.

10.2. You expressly understand and agree that Detour En Provence PTY LTD, its

affiliates, employees, agents, contributors, third party content providers and

licensors shall not be liable to you for any direct, indirect, incidental, special

consequential or exemplary damages which may be incurred by you, however

caused and under any theory of liability. This shall include, but is not limited to,

any loss of profit (whether incurred directly or indirectly), any loss of goodwill or

business reputation and any other intangible loss.

10.3. Detour En Provence PTY LTD is not responsible or liable in any manner for any

site content (including the Content and Third Party Content) posted on the

Website or in connection with the Purchase Services, whether posted or caused

by users of the website of Detour En Provence PTY LTD, by third parties or by

any of the Purchase Services offered by Detour En Provence PTY LTD.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Detour En

Provence PTY LTD as set out below.

11.2. If you want to terminate the Terms, you may do so by:

(a) notifying Detour En Provence PTY LTD at any time; and

(b) closing your accounts for all of the Purchase Services which you use,

where Detour En Provence PTY LTD has made this option available to you.

Your notice should be sent, in writing, to Detour En Provence PTY LTD via the

‘Contact Us’ link on our homepage.

11.3. Detour En Provence PTY LTD may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) Detour En Provence PTY LTD is required to do so by law;

(c) the partner with whom Detour En Provence PTY LTD offered the Purchase

Services to you has terminated its relationship with Detour En Provence

PTY LTD or ceased to offer the Purchase Services to you;

(d) Detour En Provence PTY LTD is transitioning to no longer providing the

Purchase Services to Users in the country in which you are resident or from

which you use the service; or

(e) the provision of the Purchase Services to you by Detour En Provence PTY

LTD is, in the opinion of Detour En Provence PTY LTD, no longer

commercially viable.

11.4. Subject to local applicable laws, Detour En Provence PTY LTD reserves the right

to discontinue or cancel your membership to the Website at any time and may

suspend or deny, in its sole discretion, your access to all or any portion of the

Website or the Purchase Services without notice if you breach any provision of

the Terms or any applicable law or if your conduct impacts Detour En Provence

PTY LTD’s name or reputation or violates the rights of those of another party.

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11.5. When the Terms come to an end, all of the legal rights, obligations and liabilities

that you and Detour En Provence PTY LTD have benefited from, been subject to

(or which have accrued over time whilst the Terms have been in force) or which

are expressed to continue indefinitely, shall be unaffected by this cessation, and

the provisions of this clause shall continue to apply to such rights, obligations and

liabilities indefinitely.

12. Indemnity

12.1. You agree to indemnify Detour En Provence PTY LTD, its affiliates, employees,

agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered or

arising out of or in connection with any Content you post through the

Website;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so and any breach by you or your agents

of these Terms; and/or

(c) any breach of the Terms.

13. Dispute Resolution

13.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses

have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must

give written notice to the other party detailing the nature of the dispute, the desired

outcome and the action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms

(‘Parties’) must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may

mutually agree;

(b) If for any reason whatsoever, 30 days after the date of the Notice, the

Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be

appointed by the President of the Australian Mediation Association or his or

her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a

mediator and the cost of the venue of the mediation and without limiting the

foregoing undertake to pay any amounts requested by the mediator as a

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pre-condition to the mediation commencing. The Parties must each pay

their own costs associated with the mediation;

(d) The mediation will be held in New South Wales, Australia.

13.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent

possible, must be treated as “without prejudice” negotiations for the purpose of

applicable laws of evidence.

13.5. Termination of Mediation:

If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute

has not been resolved, either Party may ask the mediator to terminate the mediation

and the mediator must do so.

14. Venue and Jurisdiction

The Purchase Services offered by Detour En Provence PTY LTD is intended to be

viewed by residents of Australia. In the event of any dispute arising out of or in relation

to the Website, you agree that the exclusive venue for resolving any dispute shall be in

the courts of New South Wales, Australia.

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute,

controversy, proceeding or claim of whatever nature arising out of or in any way

relating to the Terms and the rights created hereby shall be governed, interpreted and

construed by, under and pursuant to the laws of New South Wales, Australia, without

reference to conflict of law principles, notwithstanding mandatory rules. The validity of

this governing law clause is not contested. The Terms shall be binding to the benefit of

the parties hereto and their successors and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent legal

advice and declare the Terms are not against public policy on the grounds of inequality

or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.