TERMS & CONDITIONS
Please read the following terms and conditions carefully before using this website.
This site is made available by Nippy’s Fruit Juices Pty Ltd (ABN 26 007 841 492) and is referred to as “us”, “we” or “our” in these Terms and Conditions.
Your use of this website is conditional on your acceptance of the Terms and Conditions set out below, including our Privacy Statement (together defined as the Terms or Terms and Conditions). We reserve the right to alter the Terms and Conditions at any time at our discretion.
Registration: You may need to be a registered member to make orders, access our products and access certain features of our website.
When you register and activate your account, you will provide us with personal information such as your name and email address telephone number and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Statement [insert hyperlink to Privacy Statement].
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. To register an account and use the website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
Collection Notice: We collect personal information about you in order to provide you with our products and for purposes otherwise set out in our Privacy Statement at www.nippys.com.au
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you. We may also disclose your personal information to recipients that are located outside of Australia.
Our Privacy Statement explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at:
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Statement and these Terms.
Intellectual Property: Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
Third-party links and material: The website may provide links to third party websites (Third Party Links) or may display material sourced from a third party (Third Party Material). We are not responsible for and do not endorse the content or your use of information obtained from the Third Party Links or the Third Party Material. We provide Third Party Links and Third Party Material only as a convenience, and such inclusion on this website does not imply our endorsement.
Visitors use of the website: A visitor to the website must not under any circumstances do anything that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
(1) post or email any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party, including breaching privacy;
(2) impersonate the identity of another person; or
(3) attempt to use the website or any of its content to solicit others to participate in any organisation or commercial on-line service.
Improper use of the website may result in the visitor being banned, reported to relevant authorities and/or liable for breach of these terms and conditions.
No Warranties: To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
No Liability: To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Indemnity: You agree that you will indemnify us (including our directors, officers, employees and agents) against any loss, damage or cost incurred by us or arising out of your use of this website, including but not limited to information obtained from sites linked to ours, your transmission of information on or through our site or your violation of these Terms and Conditions or any other laws, regulations or rules. We will not be liable for any delay in performing any of our obligations under these Terms and Conditions if such delay is caused by circumstances beyond our reasonable control.
Accuracy of Information: The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
Access: We reserve the right to revise the content of, amend links from or withdraw your access to this website at any time without notice.
Supply of products/ purchase terms
Product availability: All products are offered for sale subject to available stock. If a product is out of stock or discontinued, we will contact you as soon as possible.
Prices: Prices stated are in Australian dollars, and may be per unit, per pack or per case, as stated in the drop down menu on the product pages. All prices include GST. All delivery charges are not included in stated prices. The cost for freight/postage/handling will be calculated based on your completed order case quantity and the delivery location and will be advised to you prior to payment and included with your purchase cost. If a product inadvertently appears on our website at the wrong price or with the wrong description, we may decline or cancel any orders placed at the wrong price or based on the wrong description.
Special offers: We may terminate any special offers at any time without advance notice.
Vouchers: Any promotional vouchers may only be redeemed once by entering the promotional code during checkout. Vouchers may not be used in conjunction with any other special offers or vouchers.
Gift cards: Gift cards mailed to recipients may be redeemed in the appropriate named store across Australia or online by entering the barcode at the back of the card in the promotional code area during checkout. Gift cards are valid for 12 months from date of issue. Lost cards will not be replaced.
Payment: A buyer must pay for an order using a credit card or Paypal. Accepted credit cards include Visa and MasterCard. If the credit card issuer or Paypal does not authorise the transaction, or later revokes authorisation for the transaction, we may cancel the order.
Delivery: All products are dispatched from our warehouse at 33-39 Birralee Road, Regency Park, South Australia, Australia, 5010. Freight is charged as a standard delivery. To make delivery costs as fair as possible we charge at a per case rate. Metro $9.00 per case. Country & Regional depending on location will vary per case. For orders totalling a single transaction value of AU$350 or more, freight is FREE.
*Conditions Apply. *We are not able to offer FREE delivery to NT, Tasmania, Country and Regional areas. A case may contain 6, 12, 15, 18, 24 or 30 units.
We reserve the right to select and/or vary our freight carrier and freight charges. Should you not be satisfied with the condition of your products please call us as soon as possible.
What is considered a case:
- A single full case of beverages
- A case may contain 6, 12, 15, 18, 20, 24 or 30 units.
Timing of delivery: Orders placed prior to 10:30am Monday to Friday will be processed the same business day. Orders placed after 10:30am will be processed the next business day with Friday orders processed the following Monday. We endeavour to deliver products to Australian METRO areas within 5-7 working days, for REGIONAL areas 7-10 working days and for COUNTRY areas please allow at least 14 working days. We do not guarantee any specific delivery date or time but please expect delivery Monday to Friday 9.00 am to 5.00 pm. Our courier cannot telephone prior to delivery.
Delivery Provider: We use Fastway Couriers for delivery to all states across Australia. In some instances, we use a contract courier in certain areas. If you are not home at the time of delivery, Australia Post/TOLL IPEC will leave your parcel at the nearest post office with a note for you to pick up at your convenience unless otherwise specified during checkout. We strive for accurate delivery times however delivery times may be delayed due to unforeseen delays.
Delivery exclusions: We reserve the right to change, modify or discontinue any delivery options at our absolute discretion. Express shipping is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout. We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control.
Delivery Quantity: We reserve the right to place minimum and maximum quantity limits on orders. We deliver both straight and mixed cases unless specified otherwise.
Breakages: In the unfortunate case of one or more broken products being delivered, please email us on firstname.lastname@example.org or call +61 8 8268 1504 immediately so that we can rectify the situation promptly. We will issue a credit or send replacement product/s if you notify us within 30 days of the date of the payment.
Cancellations and returns: You may for any reason cancel your order prior to products being dispatched from our warehouse and receive a full refund, subject to compliance with these Terms and Conditions. Should you wish to cancel or return the order after the product has left our warehouse, you will be liable to pay for any and all delivery costs and it is your responsibility to arrange for the products to be picked up and returned to us. In this instance, a full refund will be issued within 7 days after we have received the returned product in good condition and in its original packaging.
State of returned goods subject to a refund: Once an item is returned we will either inspect your goods and investigate any claimed defect or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
Refunds: We will aim to process refunds within 30 days after we are notified of the reason, however, depending on your item and the number of returns in our system, this may take longer and conditional upon any returned products being returned to us in original saleable condition. It is up to the customer to arrange and pay for freight of returned goods and the freight charge will not be refunded by us.
Inspection of Goods: We ask that you inspect the products as soon as you receive them. If we do not hear from you within 14 days of receipt of products, we will assume that you accept that the goods are of merchantable quality and meet the quantity ordered.
Labelling: We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the website.
Product warranties: We warrant that all products supplied are of merchantable quality when delivered. To the extent permitted at law, we expressly disclaim all other express, implied, statutory and other warranties and representations. In respect of any statutory warranty that we cannot exclude, subject to applicable law, our liability is limited, at our option, to the replacement or re-supply of the products or a refund of the cost of the products.
Notices to: Nippy’s Fruit Juices Pty ltd: To contact us, email email@example.com or call +61 8 8268 1504.
Governing laws: The laws in South Australia govern the use of the website and the supply of products. You irrevocably submit to the exclusive jurisdiction of the courts of the State of South Australia, Australia.
Warning: Before consuming a product please check the back label for any allergen materials used in production such as sulphites, traces of nuts or milk. We will do our best to accommodate certain conditions but we can not guarantee absolute absence of said allergens. Take care when lifting heavyweight cartons.
IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
We are committed to protecting the privacy of individual’s personal information. We will, from time to time, collect and use personal information. This Privacy Statement sets out the policies relating to the collection, use and disclosure of personal information you provide to us in connection with your use of the site and will assist you in understanding what we may do with information we collect from you.
This Privacy Statement forms part of the Terms and Conditions which govern your use of our site and should be read in conjunction with those Terms and Conditions.
By using our site you consent to by bound by this Privacy Statement.
You acknowledge that your use of our site may be limited to you and further terms may be applicable to such use or access, if you do not agree to this Privacy Statement.
COLLECTING PERSONAL INFORMATION
What personal information do we collect?
We may collect the following types of personal information:
- mailing or street address;
- email address;
- telephone number and other contact details;
- age or date of birth;
- credit card information;
- your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
- details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
- any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
- information you provide to us through customer surveys; or
- any other personal information that may be required in order to facilitate your dealings with us.
We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:
- register on our website or app;
- communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
- interact with our sites, services, content and advertising; or
- invest in our business or enquire as to a potential purchase in our business.
Use of personal information
We may use your personal information for the purpose for which your personal information was collected. In addition to providing you with product or services, this may include: (a) to provide you with information, material and news in relation to our products and services; (b) for product and customer research; (c) to improve our site or the products and services we offer to you; (d) to provide information and materials to you about which we believe you may be interested in; (e) to send news, information about our activities and general promotional material which we believe may be useful to you; (f) to monitor who is accessing this site; (g) to profile the type of people using this site; and (h) in order to comply with governing laws and regulations.
You will have the opportunity to unsubscribe from our direct marketing communications. To unsubscribe from direct marketing communications, you may follow any unsubscribe facility communicated to you or alternatively send an email to firstname.lastname@example.org.
Some of the pages found on our site use “cookies” to help gather information from visitors to our site, such as the date and time you accessed the site, the pages you visit and the internet address of the website from which you accessed the site. This includes information collected by third party advertisers on our site.
Cookies are pieces of software code sent from a website to each user and stored as small files within their hard drive. Cookies help us to provide you with services and features tailored to your needs when you visit our site. If you do not wish to receive cookies, you may set your browser to refuse them, although that may mean that certain functions on our site may not work correctly.
Cookies do not personally identify users, although they do identify a user’s browser. They let us know what you find interesting and useful, which allows us to keep improving our site and provide you with a more personalised service.
DISCLOSURE TO THIRD PARTIES
To whom do we disclose your personal information?
- our employees and related bodies corporate;
- third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
- professional advisers, dealers and agents;
- payment systems operators (eg merchants receiving card payments);
- our existing or potential agents, business partners or partners;
- our sponsors or promoters of any competition that we conduct via our services;
- anyone to whom our assets or businesses (or any part of them) are transferred;
- specific third parties authorised by you to receive information held by us; and/or
- other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
Disclosure of personal information outside Australia
We may disclose personal information outside of Australia.
When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.
ACCESS TO INFORMATION
You can access the personal information we hold about you by contacting us using the information below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.
If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.
Comments and Questions
If you wish to make a comment or complaint or if you have any questions about this Privacy Statement, or if you wish to make an inquiry regarding any personal information, relating to you, which may be in our possession, please contact: email@example.com.
MANAGEMENT AND SECURITY
We will take reasonable steps to ensure the personal information we hold is accurate, reliable, up to date and relevant and we may ask you to assist us in updating your personal information from time to time. We will take precautions to keep your personal information secure. Your information is stored on secured servers. However, due to the open nature of internet communications, we do not accept responsibility for any consequences of unauthorised access to your information whilst stored or during its transmission.
Changes to this Privacy Statement
We reserve the right to change, modify or update this Privacy Statement at any time, without liability to you, by publication of the revised version on our site. The revised version shall take effect immediately upon its publication.
DRINKS DELIVERY INFORMATION
We deliver drinks to your doorstep, in Adelaide and South Australia generally.
Thank you for visiting Nippy’s and choosing to purchase through our secure online retail facility.
This service is currently ONLY available for delivery in South Australia.
Enter the quantity of units or cases you would like to purchase on the relative collection or product pages and you can view your cart to see the total order value with all prices including GST (except for those products that do not attract GST).
Freight Charges: Metro $9.00 per carton. Country & Regional depending on location will vary per carton. For orders totalling a single transaction value of AU$350 or more, freight is FREE.
*Conditions Apply. *We are not able to offer FREE delivery Country and Regional areas.
What is considered a case:
- A single full case of beverages
- A case may contain 6, 12, 15, 18, 20, 24 or 30 units
Delivery Provider: We use both Fastway Couriers in South Australia with the chosen delivery provider at the discretion of Nippy’s Fruit Juices Pty Ltd. In some instances we use a local contract courier in certain Adelaide METRO &Regional areas.
Timing of delivery: Orders placed prior to 10:30am (ADL time) Monday to Friday will be processed the same business day. Orders placed after 10:30am (ADL time) will be processed the next business day with Friday orders processed the following Monday. You will receive a dispatch confirmation email with the tracking number once your order has hit the road.
- Australian METRO areas within 5-7 working days
- Australian REGIONAL areas 7-10 working days
- Australian COUNTRY areas please allow at least 14 working days.
We do not guarantee any specific delivery date or time but please expect delivery Monday to Friday 9.00 am to 5.00 pm. Our courier cannot telephone prior to delivery. Nippy’s recommends that you pick a delivery address where someone will be available to sign for the parcel during normal working hours. We strive for accurate delivery times however delivery times may be delayed due to unforeseen delays.
If you are not home at the time of delivery:
- Australia Post will leave your parcel at the nearest post office with a note for you to pick up at your convenience unless otherwise specified during checkout.
Fastway will leave a calling card at your door with the details of how to arrange redelivery of your parcel unless otherwise specified during checkout.
- For deliveries in Adelaide metro using a local contract courier, products will be left at the door if unattended unless otherwise specified during checkout.