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Terms & Conditions
La Tortilleria Pty Ltd


Introduction

This website with URL address latortilleria.com.au is owned and operated by La Tortilleria Pty Ltd (ABN: 32 166 679 376). Should you continue to use this website and/or purchase goods from this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern La Tortilleria Pty Ltd’s relationship with you in connection with this website and the purchase of goods from this website.

The term ‘La Tortilleria Pty Ltd’ or ‘us’ or ‘our’ or ‘we’ refers to La Tortilleria Pty Ltd, the owner of the Website, whose registered office is 109 Elgar Rd Derrimut, Victoria. The term ‘you’ or ‘your’ refers to the Website user and/or purchaser of products on our website.

Product Sales

ACCEPTANCE OF ORDER

Orders are not binding on us until accepted by us. Acceptance of an order occurs when product ships. Acknowledgment of receipt of an order does not constitute acceptance of the order by us. Products ordered may become unavailable due to product shortages, discontinuance of product, or other reasons. In such event, we will promptly notify you via email or telephone and provide you with other options for your consideration or a refund can be arranged if wanted.

PRICING

Prices and configurations shown are subject to change without prior notice at any time before acceptance of your order. Prices are expressed in Australian currency and are GST inclusive. We are not liable for typographical errors or omissions and mistakes on quotations or prices. Images are for illustration purposes only and may not accurately portray the products delivered in response to orders placed.

WARRANTY

Warranty is provided for the duration of the products’ shelf life provided the products are stored and prepared in abidance to the instructions on packet. Conditions do, however, apply to product returns. In this respect, you agree to abide with our return policy.

Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods or arising out of our negligence or in any way whatsoever.

RETURN POLICY

Due to food safety regulations, products are unable to be refunded and returned, except in the case that they are faulty or not as ordered.  If you deem the product/s to be faulty and/or not as ordered, a request for a return must be made to us within seven (7) days of receiving your products, and all products must be returned to us within ten (10) days of receipt of confirmation by us that inspection of the product by us is permitted.   Once the returned goods are received by us, and only if then deemed by us to be faulty and/or not as orders, we will provide refund for the products and reimbursement of reasonable shipping costs provided proof of payment is provided.  We reserved the right to refuse refund for any goods deemed inappropriately stored, mishandled by the customer, misused or tampered with in any way outside of the standard instructions recorded on the packaging.  In this case re-return of the goods to you will be at your own expense.

CANCELLATION OF ORDER

Orders may not be cancelled by you once you have placed your order on our website and payment has been processed.

USE OF PRODUCT

You agree and represent that you are buying products from us for your own use and not for resale.  (Businesses are required to contact us directly to set up a wholesale account should they require the products for resale). 

NEWSLETTER

In placing an order for a product or making a reservation, you agree to receive advertisements and promotions by means of both post and email. We enforce a strict privacy policy with respect to customer details in accordance with the laws of Australia (please refer to our Privacy Policy as recorded on this site). Nevertheless, we cannot be responsible for (and you agree that we shall not be responsible for) misuse of information arising in circumstances beyond our control.  In the event that you wish to discontinue your subscription to the newsletter or otherwise not receive further information from us, you may do so by advising us by email. Upon receipt of that email, your name will be removed from the distribution list.

SERVICE & SUPPORT

Our Customer Service team can be reached on 1300 556 084 or by emailing hola@latortilleria.com.au.  Customer Service personnel operate between 8:30am and 4pm (E.S.T.) Monday to Friday, excluding Victorian and National public holidays.  

Shipping and delivery

DELIVERY COST

We charge a flat rate of $12 for deliveries.  Remote areas may incur an additional charge, subject to our discretion. 

DELIVERY METHOD

We use Couriers Please for most deliveries.  We may occasionally use a different courier depending on your location. 

Product ordered is not available to be picked up from La Tortilleria save and except by prior arraignment with us.

LOCATIONS OF DELIVERY

Our products are available only to customers within Australia and shipping is provided to Australian postal addresses only. 

 
DELIVERY ARRIVAL TIMES

Any delivery or shipment date provided is a good faith estimate only. These delivery times are not guaranteed and are subject to change.  You acknowledge that product availability may be limited, and particular products may not be available for immediate delivery. We will not be liable for any loss, damage or expense related to any delay in shipment or delivery.

Estimated delivery times are as followed:

Melbourne: 3 business days

Sydney, Adelaide: 3-4 business days

Brisbane, Canberra: 4 business days

Perth: 7 business days

Rural NSW and rural Victoria: 4-6 business days

Other rural: 6+ business days

DELIVERY

§  If no one is available to receive the goods at your specified address, our courier may leave a card giving you instructions on either re-delivery or collection from the courier.  This card must be responded to within 48 hours or the goods will be returned to us and additional redelivery charge will apply.

§  If you have provided "Authority to Leave" by ticking the required box in the shopping cart, you understand and agree that we, and our couriers, are released of all responsibility and liability for the goods delivered and left unattended, and that this responsibility and liability transfer to you on delivery.

§  La Tortilleria shall not be liable for any failure or delay in delivering the goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of La Tortilleria and the Carrier, including but not limited to severe weather events, strikes, breakdown of any mechanical equipment or vehicles, etc.

 

Website Use

The content of this website is for your general information and use only. It is subject to change without prior notice.

This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: name, email address, contact number and postal address.  See our Privacy Policy for further details.

Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law. 

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Intellectual Property Rights.  The material contained on this website is protected by copyright. This material includes, but is not limited to, the content, design, layout, appearance, look, trademarks (whether registered or unregistered), photographs, logos and other graphics of the Website. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining our prior written consent. 

The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this website must not in any way infringe the intellectual property rights of any person.

Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites. 

You may only use the Website for lawful purposes and in a manner consistent with the nature and purpose of the Website.

When you order through this website a secure server is used. The server encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and we are not responsible for events arising from unauthorised access of the information you provide. 

These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments. 

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.  In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.

Every effort is made to keep the Website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control. 

You may not assign your rights or obligations under these terms and conditions without our express written consent.

Severability.  If any of these terms and conditions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby.

These terms of sale constitute the entire and sole agreement between you and La Tortilleria and supersedes all prior agreements, representations, warranties and understandings with respect to the subject matter of these terms. 

Any claim, dispute, or controversy between you and us arising from or relating to the agreement shall be subject to the law in force in the State of Victoria.

We reserve the right to change these terms and conditions without prior written notice at any time, at its sole discretion.  The most current version will always be posted on this site. These terms and conditions may not be supplemented, modified or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by us.