Terms of service

Terms of service

Australia – Greenpan.com.au eCommerce Terms and Conditions [Effective Date: 23 Aug 2021]
These Terms and Conditions establish the conditions for sales made between The Cookware Company and any individual wishing to make a purchase of The Cookware Company products (‘Products’) from the website www.greenpan.com.au (the ‘Online Store’).
The Online Store is owned by and operated by The Cookware Company Australia Pty Ltd (ACN 639 575 054) Level 21, 55 Collins Street, Melbourne, Victoria, Australia (‘Cookware Company’, ‘we’ or ‘us’ as the context may require).
We will communicate with you electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.

1. About These Terms and Conditions
These Terms and Conditions (including our Privacy Policy referred to in clause 10 below) only apply to purchases made in the Online Store. Other The Cookware Company websites may have different terms and conditions.
We may update these Terms and Conditions from time to time. You should read these terms and conditions before you place an order as they may be different to those which were in place for previous orders.
BY PLACING AN ORDER FOR PRODUCT(S) YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS.
Information contained in The Cookware Company’s advertising, brochures or other written materials, or on other The Cookware Company websites or given to you, is for information only and is not a representation or warranty (unless set out in these Terms and Conditions) and is not an offer to supply any Product(s).

2. Placing an Order
Orders can only be placed by end users, that is natural persons who acquire the products for personal use. We will not accept orders from individuals who are resellers, orders placed by companies or associations or any other kind of legal entity. We only deliver Products within Australia.
To be able to buy Product(s) you have to:
• provide your name and address, delivery address in Australia, phone number, email address, payment details and other required information;
• be at least 18 years of age; and
• be the owner or authorised holder of a valid debit or credit card or other payment method.
You may place an order by clicking on the ‘Add to Cart’ button and proceeding to the checkout page.
You will either use guest checkout or create a personal user identification (your username) and password when you place an order. Creating an account will enable you to track your order. Keep your password protected at all times and do not disclose it to anyone else.

3. Order Processing and Contract Conclusion
You agree that your order is an offer to buy the Product(s) listed in your order under these Terms and Conditions. No contract is formed until we accept your order.
We have an absolute discretion as to whether to accept orders. We will not accept abnormal orders, orders which we suspect are not placed in good faith, orders where we cannot verify the details you provide, orders which have not been placed by individuals or orders placed by individuals we think are resellers. We will not accept an order if the Product is not in stock or if the price displayed on the Online Store is not the current price. We are not required to provide a reason for declining to accept any order.
We will send you an order confirmation by email with your order number and details of the Product(s) you have ordered.
Conclusion of a contract for the purchase of the Product(s) incorporating these Terms and Conditions will take place the moment we send the order confirmation email to you.
The order confirmation email is your proof of purchase, please store it as we may not archive your contract.

4. Prices, Shipping and Handling Charges and Taxes
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order confirmation email.
We may change prices at any time without notice. Increased prices will only apply to orders placed after such changes.
Prices for the Product(s) include GST and other applicable taxes.
Charges for shipping and handling will be made for orders valued at less than AUD$100 and if express post is required. Separate charges for shipping, handling, associated GST and any other taxes will be shown in the Online Store during the ordering process and on the order confirmation email.
You will be informed about the manner in which the total price will be calculated if any costs cannot be reasonably calculated before the conclusion of the contract.

5. Delivery
We deliver Product(s) only in Australia subject to the following restrictions:
We are unable to deliver to:
• overseas addresses;
• hotels and hostels; and
• prisons.
Delivery options are as follows:
• Standard: estimated delivery time of up to 11 business days;
• Express: estimated delivery time of 2 to 6 business days;
Estimated delivery time, as well as the delivery option you chose, will be confirmed in our order confirmation.
Delivery date will not exceed 15 business days, unless you specifically agree to a later date.
You will receive a track & trace number via e-mail on the day the Products leave our warehouse which will allow you to track your package online. Your order will be accompanied by a delivery note that lists the Products ordered.
Your order will be presented to you or any other person present at the delivery address you give. We are not liable for loss or damage of any kind that might result from the receipt of your order by anyone else at the delivery address. The courier will leave a message for you if nobody can take delivery of your order on the delivery date. The message will give a postal address where you can collect your Products, and/or a telephone number so that you can agree a delivery date with the carrier. Your Products will be available for collection for 14 days after the delivery date. After this date you will no longer be able to collect the Products and we reserve the right to destroy or resell them. No refunds will be issued in this instance under any circumstances.
We encourage you to check whether the quality and quantity of the delivered Products matches your order. Any concern about visible defects and/or non-compliant deliveries should be submitted by e-mail to our customer services department no later than five (5) days after delivery. Our customer services department will tell you what steps you need to take to return the goods if your quality concern is valid.
Risks associated with loss, theft or damage of the Products shall be borne by you from the moment the Products are delivered.

6. Product(s) Availability
We do not guarantee the availability of any Product(s) in the Online Store.
We reserve the right, without liability or earlier notice, to change, discontinue or to stop making available any Product(s).
The Cookware Company shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes or other natural disasters, epidemic or pandemic or other circumstances impeding normal production, despatch or carriage of the Products.

7. Compatibility, Product Information
Please take care when placing your order to ensure that the Product(s) you purchase are compatible for the intended use. Please use the Online Store as your final point of reference when checking compatibility. In the event of a difference between the Online Store content and any other website (or any other source of information) the compatibility of Product(s) as shown on the Online Store at the time of purchase takes precedence.

8. Payment
Payment by credit/debit cards shall be made by a credit or debit card approved by The Cookware Company. Approved credit and debit card types and/or other payment methods are listed in the Online Store. You have to supply your payment card details when you place your order. Your credit card may not be accepted if:
• the name on the credit card does not match the billing name given; or
• the billing address given does not match the bank records.
We will not supply the items to you until your card issuer has authorised the use of your card for payment of the ordered Products. As your order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
All payments will be subject to security checks. We may contact you to confirm your order information and order details such as proof of address, in the name of the person indicated for the delivery address.

9. Warranties and Statutory Rights
Our Product(s) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product(s) repaired or replaced if the Product(s) fail to be of acceptable quality and the failure does not amount to a major failure.
We may also provide a written warranty. Any written warranty we provide will not affect your Australian Consumer Law rights and remedies. When a written warranty is provided, the warranty period, warranty conditions and the person providing the warranty relating to your purchase will vary according to the Product(s) you have purchased. Please refer to Product packaging and brochures and The Cookware Company online warranty to determine the warranty term and warranty conditions for your purchase.
We accept liability for any applicable Australian Consumer Law guarantee which cannot be excluded but otherwise where permitted by law:
(a) we exclude all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions and our Products;
(b) you agree that we will not be liable for any loss, expense or injury (including any indirect or consequential loss, loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statute or otherwise, howsoever caused arising directly or indirectly from or in connection with your purchase of Product(s) or these Terms and Conditions; and
(c) our liability to you for loss or damage of any kind arising out of these Terms and Conditions or your purchase of a Product will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
(d) our liability is limited to repair or replacement of the Product or the payment of the cost of replacing or repairing the Product or of acquiring an equivalent Product.
We may ask you to return products to us if you have a valid claim under the ACL. In this event you will need to follow the returns procedure on our website. We will use the method of payment used for your purchase if you are entitled to a refund unless we otherwise agree.
You should take all reasonable steps and precautions to ensure that the Product(s) you order are suitable for your purposes. You must follow any advice that we give you in relation to Product(s) (including instructions, user guides and/or manuals provided with Product(s)). We do not accept liability for damage to Product(s) that we have supplied where caused by your failure to follow our advice.

10. Personal Data
The Privacy Policy available on our website and additional provisions in these Terms and Conditions govern the use of your personal data and our use of cookies. Purchasing of Product(s) in the Online Store requires that you accept the Privacy Policy and the processing of personal data as described in our Privacy Policy.
We will take reasonable care to keep the details of your order and payment secure, but (in the absence of material negligence on our part) we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

11. Our Liability
To the extent permitted by law:
(a) These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Products. And there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Terms and Conditions.
(b) We are not responsible for ensuring that the Product(s) are suitable for your particular purposes and we are not liable for any losses related to any business of yours such as lost data, lost profits, lost revenues or business interruption.
We use our reasonable endeavours to verify the accuracy of information that is displayed on the Online Store, but we cannot guarantee that information disclosed will always be accurate and complete. It is possible, for example, that Product images and packaging may not always match Products supplied. If you have any questions or concerns in this regard, please contact us before ordering any Product(s). Also, pricing mistakes may occur from time to time, in which case we may cancel any orders being processed or accepted by us. We will correct errors on our Online Store as soon as possible after becoming aware of them.

12. Operation of Online Store
We make no warranty that the Online Store will meet your requirements, that access to it will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Online Store. We will not be responsible for any loss of your data or for any infection of your computer or IT systems as a consequence of your accessing the Online Store. You are responsible for conducting appropriate scans for viruses and other harmful programs.

13. Intellectual Property
We grant you the right to use our website for strictly personal use only, in accordance with these terms and conditions. You may not use our website for any other purpose, including but not limited to, personal or other commercial use, or speculative or fraudulent purposes.
Our website and the text, photos, illustrations, pictograms, sounds, videos, software, databases, structures, layout and other details and elements of our website are protected by intellectual property rights and/or other rights or property rights. Access to and use of our website does not give you any right or claim to any part of our website and cannot, under any circumstances, be regarded as a waiver or granting of a usage right to these intellectual property and other rights.
You are not permitted in any way whatsoever to reproduce, copy, change, transfer, publish or amend in whole or in part any or all of this website or run it on a support, without our prior written consent.
The name of The Cookware Company and the brands GreenPanTM and ThermolonTM are registered trademarks. Use of these trademarks (other than for strictly personal use) without our prior written consent is officially prohibited.

14. General
The Online Store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Online Store and any transactions conducted on or through the Online Store.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

15. Marketing Communication and SMS
When you sign up for our email marketing, text messaging program or consent to receive text messages from or on behalf of The Online Store (“greenpan.com.au”, “GreenPan Australia”) and provide your email address or phone number to us, you give your explicit consent to receive different types of email marketing, text messages, including those related to your transactions, our operations, general information, and recurring marketing. These messages may be sent using automated technology by or for GreenPan Australia to the email address or mobile number you provide. The frequency of messages will depend on the specific program(s) you subscribe to. Your consent to receive marketing emails or texts is not a condition of buying any products or services from us. Delivery of messages across all mobile carriers is not guaranteed, and neither the Online Store nor mobile carriers are responsible for any delays or failures in message delivery.

You can unsubscribe to email marketing at any time by clicking the unsubscribe link in the email or from SMS marketing at any time by clicking the unsubscribe link provided in the SMS text message. As soon as you click the link, you will be redirected to a page to confirm the opt-out. You may receive additional communications confirming that your request has been received and processed. By opting out of the SMS marketing program, you will remain opted into other marketing programs such as email marketing unless you opt out of email marketing separately.

16. Customer Service
Our Customer Service will assist you with any Online Store order related questions.
By phone: 1800-918-480
By email: customercare@greenpan.com.au

17. Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of any court of competent jurisdiction in the state of Victoria.