Website - Conditions of Use
related to the facilitation of Products and Services supplied by Vendors on https://Horecamarket.global
Table of Contents
11. Title and risk
19. Vouchers / Coupons
21. Special Offers & Allocations
1. Application of Terms
i. Words and phrases which are defined in clause 2 have the same meaning when used elsewhere in these Terms. Defined terms are generally indicated by the use of a capital letter.
ii. The facilitation of the purchase of Products and Services on HorecaMarket.Global, and business undertaken with HorecaMarket.Global, is in all cases subject to these Terms. No statement, act or omission by any person acting or purporting to act on behalf of HorecaMarket.Global has effect to waive, add to or vary these Terms, unless the waiver, addition or variation is in writing and signed by a duly authorised representative of HorecaMarket.Global.
iii. The use of a Customer's own terms and conditions is no derogation from these Terms. In particular, HorecaMarket.Global will not be bound by any terms attaching to or accompanying any Customer order, and the Customer agrees that all such terms are excluded.
iv. These Terms include and should be read in conjunction with the following policies and terms that are accessed through the Website:
(b) HorecaMarket.Global’s how to order and pay policy
(c) HorecaMarket.Global’s website terms and conditions
v. HorecaMarket.Global may add to or amend these Terms at any time by giving notice to the Customer by e-mail or by placing a copy of the Terms as amended on HorecaMarket.Global's website. Such addition or amendment will take effect 30 days after notice is given, or later in accordance with its terms. Without limitation, continued placement of orders by the Customer with HorecaMarket.Global after the notice has been given will be conclusive evidence that the Customer has accepted the terms as added to or amended.
2. Definitions and Interpretation
2.1 In these Terms the following definitions apply:
i. “ATO Determination” means the Australian Tax Office determination A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 1) 2000 and other applicable determinations in force from time to time.
ii. “Auto pay” means payment by electronic, automated means from a credit card account or by direct debit from a bank account.
iii. "Business Day" means any day other than a Saturday, Sunday or public holiday in Sydney.
iv. "Case" includes case, box, carton or other storage container used for the storage of Products.
v. "HorecaMarket.Global" means HorecaMarket.Global Pty Ltd ABN 59 639 318 915 and, where the context permits, includes its officers, employees, agents and contractors.
vii. “HorecaMarket.Global Fees” include but are not limited to the following:
a. “Subscription Fee” which means HorecaMarket.Global’s fee for subscription to an applicable HorecaMarket.Global Account, subscription fees do not apply to all accounts.
x. "Contribution" means any tasting notes, comments, photos, data, or other information or materials that the Customer Uploads to the Website and is either displayed solely to the Customer or publicly. "Customer owned Contribution" means a Contribution that the Customer, rather than a third party, owns.
xi. "Customer" includes:
(a) a person with whom any contract for the purchase or provision of Products or Services is made by HorecaMarket.Global; and
(b) a person to whom HorecaMarket.Global offers Products or Services, as sold by a Vendor;
(c) and, where the context permits, his officers, employees, agents or contractors other than HorecaMarket.Global.
xii. "GST" means the goods and services tax as provided for by the GST Law.
xiii. “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) (as amended) or any other goods and services tax, value added tax, consumption tax or tax of similar effect levied from time to time.
xiv. “GST Law” means the GST Act and associated legislation including without limitation delegated legislation.
xv. "Intellectual Property Rights" includes all rights in respect of copyright, trade-marks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise
xvi. “Market Price” means the price paid to HorecaMarket.Global by the buyer.
(a) “Wholesale Price” the price as specified in the offer made by the Vendor, as shown on a per Case basis (unless otherwise specified), the price included any discounts as applied, and excludes GST.
(b) “List Price” – The price which HorecaMarket.Global has been instructed by the Vendor to make the product available to the market foregoing any particular conditions or rules attached to the purchase of a product, and not including any discounts or GST
xvii. “Password” means a secret word or phrase that a Customer uses to gain admittance or access to services or information on the Website.
xvii. "Product" means any goods of any kind whether supplied by HorecaMarket.Global to a Customer, or promoted on the Website.
xix. “Product List” means the list of products available for sale by HorecaMarket.Global, published on the Website.
xx. “Provenance Guarantee” means HorecaMarket.Global’s assurance of the source and quality of a Product supplied to the Customer by a Vendor and offered for sale on HorecaMarket.Global.
xxii. “Reward Points” & “Bonus Reward Points” means points offered to the customer when they perform certain functions on the website, such as Registration, shopping on the web site, ordering and paying for goods and services. The points awarded may have an expiry date and time. They are not transferrable, not redeemable for cash, and not valid with any other product or service unless explicitly displayed on the web site at the time of purchase.
xxiii. “Schedule of Fees and Charges” means the schedule of HorecaMarket.Global Fees and HorecaMarket.Global’s charges for the Services, as published by HorecaMarket.Global from time to time (i.e. such as a Subscription to ProAnalytics).
xxiv. "Service" means any delivery, or other service provided or performed by HorecaMarket.Global or the Vendor for a Customer.
xxv. “Subscription” means subscription by the Customer on the Website for a HorecaMarket.Global Service – (such as Pro Analytics) and “Subscribe” has a corresponding meaning.
xxvii. “Tax” includes any tax, levy, duty, excise or impost, including, but not limited to, GST, WET, which apply to the supply, import, export, purchase of or payment for any Product or the performance of or payment for any Service.
xxviii. “Import Duty” means a tax levied on imported products
xxix. "Terms" means these terms and conditions and HorecaMarket.Global’s policies referred to in clause IV, each as varied from time to time in accordance with clause V.
xxx. "Upload" means to post, enter, or otherwise provide to the Website or the HorecaMarket.Global software.
xxxi. "Website" means HorecaMarket.Global's Website at the internet address https://Horecamarket.global/
xxxii. "WET" means the wine equalisation tax levied under the A New Tax System (Wine Equalisation Tax) Act 1999 (Commonwealth) (as amended) or any tax of similar effect levied from time to time.
(a) the singular includes the plural and vice versa;
(b) words importing one gender include other genders;
(c) the words "written" and "in writing" include any communication by letter, facsimile or email;
(d) a reference to an individual includes a partnership, body corporate, government authority or agency and vice versa;
(e) a reference to a party includes that party's executors, administrators, successors and permitted assigns;
(f) if a party consists of 2 or more individuals, these Terms apply to all of them jointly and each of them severally;
(g) headings are for convenience only and do not affect the interpretation of these Terms; and
(h) any expression used that is defined in the GST Law has that defined meaning.
(a) Registration on the Website provides the ability to store frequently used information such as Product queries and personal information used to speed check-out, as well as access (where subscribed) to HorecaMarket.Global ProAnalytics, prices and premium third-party content licensed by HorecaMarket.Global. The Customer warrants and represents that all the information provided by the Customer in the course of registering and/or subscribing on the Website is complete, accurate and up to date. The Customer undertakes to promptly notify HorecaMarket.Global of any changes to such information.
(b) A person may only register and/or subscribe and remain registered and/or subscribed on the Website if he can enter into legally binding contracts under Australian law and if his registration and/or subscription is/are and will remain permitted under the law of the person’s country of domicile or residence, if other than Australia. A person can only register and/or subscribe on the Website if, and the Customer represents and warrants that:
i. (if the Customer is an individual or a group of individuals) the Customer is or all members of the group are over the age of 18 (or, if higher, the legal minimum age for buying alcohol in the state in which the Customer resides or requires delivery); and
(c) (if the Customer is the representative of a company, partnership, trust or other organisation) the Customer has authority to place orders on behalf of such company, partnership, trust or other organisation and that the Customer is legally permitted to enter into each contract that results from acceptance of the Customers orders.
(d) Upon registration and/or subscription, the Customer must provide a working email address and a password and all other relevant address and contact details required by HorecaMarket.Global. The Customer, or the Customer's authorised representative, must ensure that Customer’s email address and password remain confidential at all times and agrees that the Customer is solely and entirely responsible for all activities which occur using the Customer’s email address and password. The Customer must notify HorecaMarket.Global immediately if the Customer becomes aware of any unauthorised use of the Customer’s email address and password. Each Customer email address and password must be used by a single user and/or the Customer's authorised representative(s) and is not transferable. HorecaMarket.Global may suspend or terminate access to an account if it suspects unauthorised or improper use.
(e) It is the Customer’s responsibility to inform HorecaMarket.Global of any change to his email address and other relevant address and contact details. If any communication from HorecaMarket.Global to the Customer is returned to HorecaMarket.Global as undelivered, the Customer’s account may be deemed to be temporarily closed (at HorecaMarket.Global’s discretion). The Customer’s account will remain temporarily closed until the Customer notifies HorecaMarket.Global of the Customer’s correct email address, physical address and contact details (as the case requires). While the Customer’s account is temporarily closed, HorecaMarket.Global will not send the Customer any communications. HorecaMarket.Global shall not be liable to the Customer for any direct, indirect or consequential loss, damage, cost or expense suffered by the Customer on account of the temporary closure of the Customer’s account, including without limitation any change in value or any loss of opportunity, market or profit.
(f) If the Customer is issued with a password by HorecaMarket.Global, the Customer agrees to take responsibility for the safekeeping of the Customer’s password and will not disclose it to anyone. The Customer is liable if an unauthorised person uses the Customer’s password. The Customer agrees to release and forever indemnify HorecaMarket.Global in relation to any liability howsoever arising out of the unauthorised use of the Customer’s password.
(g) A valid method of payment, optional and nominated at the time of purchase, or as elected/agreed during your account application:
i. credit account facility, on agreed Terms, payable by Direct Debit or Direct Credit
ii. a credit, debit or charge card associated the Customer
iii. the Customers - Buy Now Pay Later (B.N.P.L) account as provided (and integrated with the BNPL partner)
iiii. a Direct Debit authority, allowing for immediate drawdown of funds
(h) The Customer acknowledges that HorecaMarket.Global or its Vendors or related corporations own or are licensed to use all Intellectual Property Rights on the Website (including, but not limited to, any images, photographs or text which Vendors choose to appear on the Website). The Customer agrees that the Customer will make no representation to the contrary, and that the Customer must not use or copy the Website in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
(i) As a condition of use of the Website, the Customer expressly agrees not to use the Website, or other internet services provided by HorecaMarket.Global for any purpose that is unlawful or prohibited by these Terms. The Customer agrees to abide by all applicable local, state, national, and international laws and regulations. The Customer agrees that the Customer is solely responsible for all acts or omissions that occur using the Customer's account, including the content of transmissions through HorecaMarket.Global's service.
(j) Without HorecaMarket.Global's prior written consent the Customer may not reproduce, distribute, modify, create or display derivative works based on, repost or otherwise use the content of the Website. Nothing contained herein shall be construed as conceding any licence or right under any copyright or other intellectual property right.
(k) The Customer acknowledges that any trademarks or logos which appear on the Website are owned by or licensed to HorecaMarket.Global or its associates or related corporations, and that the Customer must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.
(l) The Customer agrees not to:
i. attempt to access the Website or any of its content if the Customer is under the legal drinking age of the jurisdiction from which the Customer accesses the Website;
ii. upload, post or otherwise transmit through or to the Website any content that:
iii. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
iv. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
v. contains any virus, Trojan horse, time bomb, or any other harmful program or element;
vi. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorised access to any portion of the Website, its computer systems, servers or networks;
vii. provide false information about the Customer to HorecaMarket.Global, impersonate any other person, or otherwise attempt to mislead others about the Customer's identity or the origin of any content, message or other communication;
viii. transmit junk mail, chain letters, or other unsolicited bulk email or duplicative messages;
ix. collect information about other visitors to HorecaMarket.Global website(s) without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
x. sell access to or the use of the Website, including any content contained on, downloaded or accessed from the Website, except as specifically permitted in writing by HorecaMarket.Global;
xi. redistribute any content, including reviews, provided by HorecaMarket.Global in any manner whatsoever including by means of printed publication, fax broadcast, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method;
(m) HorecaMarket.Global reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.
(n) By Uploading any Contribution (i.e. a Product Review), the Customer represents and warrants that the Customer has the right to Upload that Contribution. The Customer will not Upload any Contribution that the Customer does not have the right to Upload.
(o) HorecaMarket.Global will provide a means by which the Customer may disclose that a Contribution is not a Customer-owned Contribution. The Customer will make all such disclosures appropriately and accurately; in the absence of such disclosure, HorecaMarket.Global may rely upon the Customer's warranty that the Contribution is a Customer-owned Contribution.
(p) The Customer grants HorecaMarket.Global an irrevocable, perpetual, worldwide, fully-paid, non-exclusive licence to create derivative works of each Customer-owned Contribution (including but not limited to, contributions such as a Customer reviews) and to use, reproduce, modify, adapt, publish, perform and display the Customer-owned Contribution and its derivative works, so long as the Customer is not identified as the source thereof; provided, however, that if the Customer authorises HorecaMarket.Global to identify the Customer as the source, then the Customer will be so identified. The Customer represents and warrants that the Customer has the right to grant the foregoing licence.
(q) The Customer acknowledges that HorecaMarket.Global has no obligation to screen, and does not screen, Contributions when they are Uploaded. HorecaMarket.Global, in its sole discretion, may, but will have no obligation to, maintain and utilise Contributions even if the Customer deletes, edits or removes any Contribution, irrespective of whether any user or third party claims that such Contribution violates these Terms or any rights of such user or third party. HorecaMarket.Global may, but under these Terms will have no obligation to, investigate any such claim.
(r) HorecaMarket.Global does not monitor or review statements made by persons other than HorecaMarket.Global on the Website. Third parties may post statements or information on some portion of the Website from time to time. HorecaMarket.Global makes no representations to the Customer in relation to the accuracy, quality, legality, ownership or other aspect of any third party posted material.
(s) HorecaMarket.Global has not reviewed all of the sites that are linked to the Website and is not responsible for the content of any off-site pages or any other sites linked to the Website. The Customer's linking to any other off-site pages or other sites is strictly at the Customer's own risk.
(t) The Customer agrees that the entire risk arising out of use or performance of the Website lies with the Customer. To the extent permitted by law, the Customer releases and discharges HorecaMarket.Global and its associates and related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably be supposed to be in the contemplation of the parties at any time) arising out of or in connection with the Website, including, without limitation, loss or damage caused by the negligence of HorecaMarket.Global or its associates or related corporations.
(u) Any third party products, services and information offered for sale or advertised which are accessible from the Website via a hyperlink to a third party website are not produced or endorsed by HorecaMarket.Global and the Customer’s legal relationship is with the third party supplier.
(v) HorecaMarket.Global acting as Agent, does not check, represent nor warrant the accuracy or completeness of the information or the suitability or quality of the products and services of any third parties.
(w) The Customer must make the Customer’s own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services accessible from the Website via a hyperlink to the third party website.
(x) HorecaMarket.Global may receive fees and/or commissions from third parties whose products and services are displayed or made available from the Website via a hyperlink to the third party. The Customer acknowledges and consents to HorecaMarket.Global receiving such fees and/or commissions.
(y) HorecaMarket.Global may add to, delete, or otherwise change any of the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website. HorecaMarket.Global will notify the Customer of any substantial changes to these terms & conditions as provided in clause 1. The Customer’s use of the Website after notice will constitute the Customer’s deemed acceptance of such changes.
(a) The Customer acknowledges that HorecaMarket.Global may collect, store, use and disclose information about the Customer for the following purposes:
i. performance by HorecaMarket.Global of its obligations and enjoyment by HorecaMarket.Global of its rights under these Terms;
ii. (unless the Customer has requested that it not receive such information) to provide the Customer with marketing materials and information about products and services which HorecaMarket.Global or any affiliated organisations provide which may be of interest to the Customer;
iii. complying with HorecaMarket.Global's obligations under relevant laws; and
iv. should HorecaMarket.Global (in its discretion) decide to extend credit to the Customer:
v. to assess an application by the Customer for such credit;
vi. to notify other credit providers or credit reference agencies of any default by the Customer in complying with the terms upon which such credit is extended; and
vii. to exchange information with other credit providers as to the status of the credit provided by HorecaMarket.Global where the Customer is in default.
(b) The information which HorecaMarket.Global may collect, store, use and disclose can include any information about the Customer's credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act 1988 (Commonwealth).
(c) HorecaMarket.Global will not discuss or amend any of the Customer’s account information or account details nor accept any instruction without prior confirmation of the Customer’s account identification, password and/or other security details (at HorecaMarket.Global’s discretion).
5. Information or advice provided by HorecaMarket.Global
5.1 The Customer acknowledges as follows:
(a) HorecaMarket.Global does not warrant the accuracy of information contained in the Product List. The Customer is solely responsible for verifying the details of all Products received from Vendors on the Website before consuming or otherwise dealing with them.
(b) Descriptions of Vendors goods and services included in the Website are accurate to the best of HorecaMarket.Global's knowledge, based upon information provided by those Vendors. HorecaMarket.Global will endeavour to correct errors or omissions as quickly as practicable after being notified of them.
(c) HorecaMarket.Global will use reasonable endeavours to check Product offered for supply through the Website by Vendors to ascertain that the Products concerned correspond with their description.
(d) Despite paragraphs (b) and (c) of this clause, HorecaMarket.Global has no control over, it does not give any warranty or representation in relation to and it disclaims all responsibility for:
i. the quality, safety or legality of any Product offered for sale through the Website by Vendors;
ii. the truth or accuracy of any listing or description of any Product offered for sale through the Website by Vendors; and
iii. the ability of any Vendor to offer or any Vendors’ title to any Product offered for sale through the Website.
(e) Any information or advice given by HorecaMarket.Global by telephone, email, and marketing material or via the Website (including, without limitation, any Wholesale or List Prices) was or will be current at the date of posting, but may have become or may become out of date. Any Wholesale Price given by HorecaMarket.Global is indicative only. Any advice given by HorecaMarket.Global about buying Products is purely an opinion and the decision to buy rests solely with the Customer at all times. The Customer can obtain further information about the Products and Services referred to on the Website by emailing HorecaMarket.Global.
(f) Any information or advice (be it Product, Service or as offered by an Integrated Financial Partner) given by HorecaMarket.Global by telephone, email, marketing material or via the Website, is general in nature and before acting on the marketing information or advice, the Customer should consider whether it is appropriate to the Customer’s objectives and should consider each decision carefully before deciding whether to acquire the Product or Service.
(g) Any information on the Website about the taxation consequences of buying Products is general information only; is based on current tax laws as understood by HorecaMarket.Global from time to time; is for guidance only; does not constitute tax advice; and should not be relied upon by the Customer.
6. Purchase orders
(a) A web based purchase order placed by the Customer, by whatever means, with HorecaMarket.Global, for transmission to a Vendor:
i. may not be cancelled without HorecaMarket.Global's consent in writing; and
ii. may be wholly or partially accepted or rejected by HorecaMarket.Global in its absolute discretion.
(b) Acceptance of a purchase order by a Vendor is not effective until it is confirmed by HorecaMarket.Global to the Customer in writing, by way of a shipping advice.
(c) Without limiting clause 6.a, a Vendor may in its sole discretion reject or elect to partially supply any purchase order placed by the Customer if there is not a sufficient quantity of Products available to them or if the terms upon which such Products are available are not acceptable to the Vendor.
(d) Subject to clauses 6.a and 6.c, a contract for the purchase of Products offered for sale by the Vendor or a contract for the supply of Services will come into effect upon receipt by HorecaMarket.Global of:
(i) the Customer’s purchase order; and
(ii) payment for the Products or the Services (as the case may be).
(a) The price payable by the Customer for any Products or Services ordered by the Customer and facilitated by HorecaMarket.Global will be:
i. the Wholesale Price quoted by HorecaMarket.Globals’ Vendor at the time the Customer places the order; or
ii. the LIST Price; or
iii. such other price as HorecaMarket.Global may advise to the Customer at or before the time HorecaMarket.Globals’ Vendor accepts the Customer's order.
(b) Subscription Fees (if applicable) are invoiced annually in advance and you agree that they are automatically set as recurring for each calendar year and are payable in advance at the time of opening a HorecaMarket.Global account.
(c) No adjustment is made to Subscription Fees, for any period during a year during which a Subscription is not used by the Customer.
(d) The Customer is not entitled to a refund of any fee paid in respect of any period during which a Subscription is not used by the Customer.
(e) Payment in full for Products and Services ordered by a Customer, together with any Taxes or expenses payable by the Customer, must accompany the Customer's order and must be made in cash or in such other form as HorecaMarket.Global agrees to accept from time to time. Any variation in the price notified by HorecaMarket.Global pursuant these terms, will (if a reduction) be refunded by HorecaMarket.Global to the Customer at the time the Products or Services are delivered by HorecaMarket.Global or (if an increase) must be paid by the Customer to HorecaMarket.Global upon notification by HorecaMarket.Global.
(f) The Customer must pay:
(i) all delivery, or redelivery and other charges in accordance with HorecaMarket.Global's and
(ii) all expenses, including legal fees, incurred by HorecaMarket.Global in the enforcement of these Terms and collection of overdue sums due to HorecaMarket.Global.
(j) The Customer must give notice in writing to HorecaMarket.Global before the Customer makes any change to an account debit authorisation, including (without limitation):
i. any direct debit, credit, debit or charge card account
(k) If the Customer gives HorecaMarket.Global authority to debit sums due to HorecaMarket.Global to the Customer's BNPL, credit, debit or charge card or bank account, HorecaMarket.Global may charge its accounts to the Customer’s credit, debit or charge card or bank account as and when they fall due.
(l) The Customer is solely responsible for notifying HorecaMarket.Global of any alleged error in debiting the Customer’s credit, debit or charge card or bank account.
(m) HorecaMarket.Global may suspend access to your Subscription if an account remains unpaid.
8. Taxes and expenses
(a) Except as otherwise provided in these Terms, Taxes:
i. must be borne by the Customer.
(b) The Customer must pay on demand, and must indemnify HorecaMarket.Global in full against:
i. any customs agent's import fees, costs of handling and delivery or other expenses incurred as a result of delivery of any Product to an address other than the nominated and agreed delivery address which was confirmed at the time of placing the order; and
ii. any Taxes which are to be borne by the Customer under clause 8.a, together with any fine, penalty or interest paid or payable by HorecaMarket.Global because of a default by the Customer in paying such amounts.
9. GST, WET and Import Duty
(a) The Customer will notify HorecaMarket.Global if the Customer is or is required to be registered for GST and, if so, will provide HorecaMarket.Global with the Customer’s Australian Business Number.
(b) The Customer will notify HorecaMarket.Global if the Customer who is registered for GST at the time of each and every purchase.
(c) The Customer will provide the prescribed and notarised document every 12 months if they intend to exclude WET from their cost of purchases i.e ATO ABN “Quoting Form”
10. Late payment and non-payment
(a) If any amount is due and payable to HorecaMarket.Global by a Customer but remains unpaid, HorecaMarket.Global may (without the need for further notice or demand and without prejudice to any other rights or remedies which may be available to it) do any one or more of the following:
i. charge and recover interest on the outstanding amount, calculated daily at the rate of 1.5% per month;
ii. off-set the amount owed against any money that HorecaMarket.Global owes to the Customer; and
iii. cancel any outstanding order placed by the Customer and apply any amount paid in respect of such order to the payment of amounts owing to HorecaMarket.Global.
(b) In addition HorecaMarket.Globals’ Vendor shall have a lien on all Products, any other goods held in the Warehouse on the Customer's behalf and any document relating to them for all sums payable by the Customer to HorecaMarket.Global. If any amount due and payable to HorecaMarket.Global by the Customer is not paid in full within six (6) weeks of the due date, HorecaMarket.Global may, without further notice, take any or all of the following actions: dispose of and/or sell the Products other goods by public auction or private treaty on such terms as HorecaMarket.Global may determine. HorecaMarket.Global may also require payment of default action costs, including any costs associated with the seizure of the Customer's Products. Any excess moneys recovered by HorecaMarket.Global on disposal will be returned to the Customer.
11. Title and risk
(a) Title to Products sold through HorecaMarket.Global will pass to the Customer when (and only when) all amounts outstanding in respect of the Products and otherwise owing by the Customer to HorecaMarket.Globals’ Vendor (with HorecaMarket.Global acting as Agent for the Vendor) (whether on account of Products, Services or otherwise) have been paid in full to HorecaMarket.Global.
(b) Products sold through HorecaMarket.Global will be at the risk of the Customer from the time of actual delivery of the Products to the Customer or of deemed delivery, whichever is earlier. Subject to clause 10, it is the Customer's responsibility to arrange such insurance as the Customer deems necessary or appropriate in the circumstances to protect against loss of or damage to the Products.
HorecaMarket.Global will NOT Insure any products in Transit, if a Customer requires Insurance, they must arrange such cover prior to placing an order, so that the Vendor can change the Wholesale or List price of the Product or Service.
13. Delivery of Products sold through HorecaMarket.Global
(a) All Products ordered by the Customer from HorecaMarket.Global will be delivered to the Customer’s nominated delivery address by the Vendor.
(b) Although HorecaMarket.Global will make every effort to arrange for the Vendor to deliver Products ordered by the Customer in accordance with the Customer's requested date for delivery, or HorecaMarket.Global’s indicated date of availability, no warranty is given by HorecaMarket.Global that the Products will be delivered on the nominated or any other date. HorecaMarket.Global is not liable for any Claim arising from or relating to any delay or failure to deliver any Products.
(c) If, following acceptance of the Customer's order, any Product specified therein becomes unavailable for any reason, the Vendor will use its best endeavours to offer an alternative Product to the Customer. HorecaMarket.Global will refund to the Customer:
i. the difference between the amount paid for the unavailable Product and any alternative Product which the Customer agrees to take; or
ii. the amount paid in respect of the unavailable Product if the Customer does not choose to purchase the alternative Product.
(d) Any additional amount payable in respect of an alternative Product must be paid by the Customer at the time of agreeing to purchase the alternative Product.
(e) The Vendor is deemed to have delivered Products when, in the ordinary course of events, the Products would have arrived at the Customer’s nominated delivery address.
(f) The Vendor may agree to dispatch the Products (or particular Products specified by the Customer in writing) to the Customer or to an address, on an approximate date and at an approximate time nominated by the Customer in writing, but the costs of so dispatching the Products, and any other expenses of delivery will be the sole responsibility of the Customer.
(g) The Vendor is not a common carrier and may at its discretion refuse to transport or carry Products for any person or to transport or carry any class of Products or any particular Product.
(h) Despite any specific instructions given by the Customer as to the mode of carriage of Products, in the exercise of its absolute discretion the Vendor may carry Products or have them carried by contractors and by any means.
(i) Despite the foregoing, the Vendor shall be entitled to presume that anyone at the address specified for delivery who receives the Products is authorised to receive the Products on the Customer’s behalf. HorecaMarket.Global and the Vendor may request that the person who receives the Products provide satisfactory proof of age (where the Product is Alcohol). HorecaMarket.Global will refuse to deliver the Products if the person receiving the Products is unable or unwilling to provide proof of his age. The Products will not be delivered to persons under the age of eighteen (18) years or to persons who fail to provide proof of age satisfactory to HorecaMarket.Global that the person is aged eighteen (18) years or over.
(g) By making Products available to the Customer (or to a person who the Vendor or HorecaMarket.Global in good faith believes to be authorised by the Customer to collect the Products) for collection or (if instructed by the Customer) dispatching the Products in accordance with clause 18.3, HorecaMarket.Global discharges all of its obligations under this clause 18. HorecaMarket.Global is not responsible for any Claim which arises after the Products are made available for collection or dispatched.
(h) If a consignee named in the Customer's instruction for delivery of Products is not in attendance at the specified address at the time of delivery, HorecaMarket.Global will be entitled to charge the Customer an additional charge for each attempted delivery and for the time involved in any delay in effecting delivery and the Customer will pay those charges on demand.
(i) Delivery charges (where applicable) shall be considered earned whether or not Products are delivered damaged or not.
14. Returns and refunds
(a) HorecaMarket.Global will endeavour to assess the credentials and bona fide particulars of the Vendor and where possible the condition of any Product it offers for sale (including by physical inspection), but HorecaMarket.Global cannot know and accepts no liability for the complete provenance of every Product, including but not limited older vintages of wine. If the Customer requests information that HorecaMarket.Global has regarding the Provenance and condition of Products that a Vendor sells,
HorecaMarket.Global will share that information with the Customer. HorecaMarket.Global’s Provenance Guarantee only applies to stock originally sourced and supplied from within HorecaMarket.Global’s own stores or the stores of its associated companies.
(b) If the Customer is not satisfied with Products purchased through HorecaMarket.Global, or if HorecaMarket.Global or Vendor makes an error with the Customer’s order, the Customer must email HorecaMarket.Global immediately at “Contact Us” explaining the reasons for the Customer’s dissatisfaction. Each situation will be reviewed on an individual basis in light of the facts and circumstances of that complaint and will be resolved promptly.
i. All Returns will be at the customers cost and responsibility, HorecaMarket.Global will assist and intervene with the Vendor where possible
ii. All returns will only be processed at the nominated Vendors’ Warehouse, the address will be as advised by the Vendors’ Customer Service team.
(c) If HorecaMarket.Global requires the Customer to return questionable Products (including both opened and unopened ones) to the Vendor for evaluation and for possible return, such Products must have the Vendors - shipping barcode label attached as proof that the Products were supplied by the Vendor through HorecaMarket.Global. If (in its sole discretion) the Vendor accepts responsibility, the Vendor will either exchange the Products or issue a credit (including return shipping charges) towards future purchases. All Refunds are processed by HorecaMarket.Global.
(d) All requests to return products are subject to HorecaMarket.Global's investigation, review and final evaluation of the relevant facts and circumstances. Unless otherwise agreed by HorecaMarket.Global, only the following reasons for return will be considered:
i. In regards to the product, if it is deemed to be flawed, providing the product is returned in its original condition to the Vendor within 7 days of receipt together with proof of purchase and all remaining of the Product supplied at the same time as the defective product; or
ii. The wrong product was sent; or
iii. An error was made during shipment of the product.
15. Collection of Products from a nominated Vendor Warehouse
(a) the Vendor is under no obligation to make Products available for collection from the Warehouse until the Customer has complied with all these Terms and has paid to HorecaMarket.Global all amounts owing to HorecaMarket.Global in respect of purchase of the Products and any other amounts then owing to HorecaMarket.Global by the Customer.
(b) the name of the person/carrier who is to collect them and the date and estimated time for collection, must be given by the Customer to ensure that those Products will be available for collection by or on behalf of the Customer.
(c) HorecaMarket.Global or the Vendor shall not be liable for any failure to carry the Customer’s instructions, nor for any direct or consequential loss or damage whatsoever resulting from such failure, if:
i. HorecaMarket.Global or the Vendor is unable to carry out any of the Customer's instructions due to reasons or circumstances outside HorecaMarket.Global's control.
16. Limitation of HorecaMarket.Global’s liability
(a) The Customer acknowledges and agrees that HorecaMarket.Global is not responsible for, nor liable to the Customer in respect of, any failure to provide any Service or Product sold through/provided through the Website on behalf of the Vendor.
(b) Except as set out expressly in these terms and conditions, HorecaMarket.Global makes or gives no condition, warranty or representation, whether express or implied, arising by statute, common law or otherwise, including but not limited to any implied term, warranty or condition of title, completeness, accuracy, description, satisfactory quality, merchantable quality or fitness for a particular purpose in relation to any other Service provided by HorecaMarket.Global, any Product offered for sale or sold through the Website, warranties and terms are hereby expressly excluded.
(c) Except in relation to such liability as has been expressly excluded, the maximum aggregate liability of HorecaMarket.Global whether in contract, tort, statutory duty or otherwise (even where HorecaMarket.Global has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to these Terms and/or any purchase effected through the Website shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any twelve month period, be limited to $5,000. This limit shall also apply in the event that any exclusion or other provision is held to be invalid for any reason and HorecaMarket.Global becomes liable for loss or damage that would otherwise have been limited.
(d) The Customer acknowledges that HorecaMarket.Global offers the Vendors Products and Services as they are, without making any representation or warranty as to their suitability for any purpose, and that the nature of the Products is such that HorecaMarket.Global cannot and does not warrant:
i. the provenance, quality, fitness for use or purpose or freedom from defect or deterioration of the Products, either at the time of delivery or deemed delivery or at the time of collection or dispatch;
ii. that the Products comply with any description of them in any marketing materials or packaging or the information on any label, or that the Products will comply with any sample.
(e) Without limiting clause 17.a, and to the fullest extent permitted by law:
i. HorecaMarket.Global expressly excludes all warranties, conditions and representations, whether express or implied, and whether contained in statute or common law. To the extent to which such warranties, conditions and representations cannot be excluded or restricted, these Terms will be read subject to those warranties, conditions and representations;
ii. subject to clause 12, HorecaMarket.Global's liability is limited, at its option:
iii. in the case of Products – to replacing the Products or resupplying equivalent products, or paying to the Customer the cost of such replacement or resupply; and
iv. in the case of Services – to supplying the Services again or paying to the Customer the cost of having the Services supplied again.
(f) HorecaMarket.Global shall not in any circumstances be liable for any direct, indirect or consequential loss or damage arising from loss, wastage, spoilage, evaporation, contamination or deterioration of or damage to any Products, the loss of market for any Products, decline in the value of any Products or for any other damages arising from or attributable to any cause, including the wilful or negligent act or omission of HorecaMarket.Global. Further, HorecaMarket.Global shall not in any circumstances be liable to repurchase the Products or to effect any future sale of the Products.
(g) HorecaMarket.Global shall not be liable in any way to any person for and is expressly released by the Customer from and indemnified by the Customer against any Claim for any loss or damage to the Products arising out of their packing, storage or handling, whether in transit or otherwise, or for any failure to deliver Products at any time or to any place specified by the Customer or at all.
(h) To the full extent allowable at law HorecaMarket.Global shall not be liable in any way to any person for and is expressly released by the Customer from and indemnified by the Customer against any liability arising from any direct or consequential loss suffered by any person arising out of the matters referred to above in clause 15 even where the alleged liability arises out of HorecaMarket.Global's negligence, deliberate act or breach of contract.
(i) If by operation of law, HorecaMarket.Global is held liable in any way to any person for any of the matters referred to in clause 15, HorecaMarket.Global's liability shall be limited to the market value of the Products as determined by HorecaMarket.Global's valuers.
(a) Once any initial fixed period of Service or Subscription has ended either party may terminate the parties’ agreement by giving the other party 5 Business Days’ written notice. If the Customer gives less than the requisite amount of notice HorecaMarket.Global will be entitled to charge the Customer accordingly.
(b) In the event of illegal or environmentally harmful activities on the part of the Customer in relation to the use of the its services, HorecaMarket.Global may terminate its obligation immediately and without notice.
(c) HorecaMarket.Global reserves the right to terminate access to HorecaMarket.Global Services and Websites at any time. If this happens HorecaMarket.Global will notify the Customer. In such event:
(i) the Customer will no longer be authorised to access HorecaMarket.Global Websites;
(ii) the Customer will continue to be subject to and bound by all restrictions imposed on the Customer by these Terms; and
(iii) all licences granted by the Customer and all disclaimers by HorecaMarket.Global and limitations of HorecaMarket.Global's liability set out in these Terms or elsewhere on HorecaMarket.Global's Websites or documentation will survive.
(d) If the Customer is dissatisfied with any portion of HorecaMarket.Global’s Services, or with any of these Terms, the Customer's sole and exclusive remedy is to discontinue using the.
(e) The Customer must pay all outstanding moneys and expenses owed to HorecaMarket.Global up to the date of termination of:
i. the Customer’s right to use the and to receive other Services; or
ii. whichever is the later date. Calculation of moneys owed will be made by HorecaMarket.Global and such calculation will be final.
(f) The Customer's liability for outstanding moneys, and legal responsibility under these Terms continues to run beyond the termination of the parties’ agreement.
(a) All exclusives, promotions, clearances, offers and discounted items advertised on the Website are available only while stocks last or unless otherwise advertised. All terms and conditions attached to promotional offers, including exclusive access, clearances, and discounted items as advertised on the Website, shall apply. Promotions may not be available in all areas.
(b) HorecaMarket.Global reserves the right not to advertise or facilitate the sale of certain Products to any person to which, or in any location where, the sale of certain Products is restricted or prohibited.
(c) Neither HorecaMarket.Global, the Vendor nor the Customer shall be deemed to be in breach of any of these Terms (other than any obligation to pay money) by reason of any delay in performance or non-performance to the extent that such delay or non-performance is due to causes beyond its reasonable control (including, but not limited to, any strike, lockout or other form of industrial action, act of God, pandemic, war, riot, fire, flood or storm) so long as the party concerned has acted and continues to act reasonably and prudently to prevent and to minimise the effect of such causes.
(d) Any part of these Terms which is invalid or unenforceable will be read down or severed to the extent of such invalidity or unenforceability, without affecting the remaining provisions.
(e) HorecaMarket.Global may in its discretion sub-contract the performance of any part of its obligations under these Terms and any sub-contractor’s terms of business (including any lien) shall apply as if HorecaMarket.Global had entered into the sub-contract as agent of the Vendor/Customer.
(f) HorecaMarket.Global may in its discretion:
i. assign and transfer all its rights and obligations under these Terms and/or under any contract with the Customer to any other person who has the resources and expertise to fulfil those obligations and upon that person undertaking to the Customer to perform those obligations, HorecaMarket.Global shall be discharged from all further liability to the Customer; or
ii. offer the Customer the choice of having this contract(s) with HorecaMarket.Global transferred to another person in accordance with paragraph
(g) Without derogating from any other method of service allowed by law, any notice, demand or other communication sent to the Customer by post to the last address given to HorecaMarket.Global in writing by the Customer shall be deemed to be received by the Customer in the ordinary course of post.
(h) The Customer may not assign the benefit of these Terms without HorecaMarket.Global's prior consent in writing, which will not be unreasonably withheld.
(i) HorecaMarket.Global may exercise all its rights under these Terms at any time and no failure to exercise or delay in exercising those rights will operate as a waiver those rights.
(j) These Terms will be governed by the laws of New South Wales and the courts of that state have non-exclusive jurisdiction to hear any matter arising thereunder.
19. Vouchers / Coupons
If, HorecaMarket.Global issue a Customer a voucher to redeem against a future purchase, the terms and conditions specified on that voucher apply and bind the holder of the voucher. Vouchers are non-transferable and may not be redeemed for cash, vouchers will expire on the nominated date.
Each promotional voucher may only be redeemed once per business (registered address). Vouchers / Coupons may not be used in conjunction with any other vouchers - strict limit of one voucher per order. Unless otherwise stated.
20. Loyalty - Standard Reward Points / Bonus Reward Points
If HorecaMarket.Global issue a Customer reward points to redeem against the future purchases of Products or Services, the terms and conditions on that offer will apply and bind the holder of the points. Reward Points are non-transferable and may not be redeemed for cash.
Where ‘Reward Points’ are issued and nominated to expire on a particular date, you agree to forfeit if you have not used the points. Points will expire as follows unless the points are granted with a different expiry date – as a special member offer.
21. Special Offers or Product Allocation
At any time, HorecaMarket.Global or Vendor may terminate any special offer /product allocation, without advance notice to the Customer.