This website is operated by Down South Chilli Jam. Throughout the site, the terms “we”, “us” and “our” refer to Down South Chilli Jam. Down South Chilli Jam offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Amendment of Terms
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Limitation of Liability
In order to use our website you must agree and accept that Down South Chilli Jam is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, 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, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Order Acceptance
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however, we will make every effort to supply the Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation via email; however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed and security checks, for the purpose of preventing credit card or payment fraud. To the extent permitted by law, we and our affiliates reserve the right to reject all or part of an Order, refuse service, terminate accounts, remove or edit content, refuse to process Orders, or cancel Orders that we have previously accepted in our sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the Products you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
We reserve the right not to accept or reject your Order if:
- We are unable to obtain authorisation for payment;
- The Product ordered is out of stock;
- The Product does not satisfy our quality control standards and is withdrawn;
- You do not meet the eligibility criteria set out within the Terms and Conditions;
The Product ordered is subject to an error on the Site, for example, in relation to a description, price or image; or - An event beyond our control, such as storm, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, pandemic or epidemic disease, act or intervention of a competent judicial or regulatory authority (such as a change in Covid-19 alert levels or Government public health orders), or any other event beyond our reasonable control that, including any act or omission of any third-party means that we are unable to supply the Product within a reasonable time.
Subject to applicable laws we will not be liable to you or any third-party by reason of our not accepting an Order, withdrawing any merchandise from the Site, removing or editing content on the Site; refusing to process a transaction; or suspending any transaction after processing has begun.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Down South Chilli Jam’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
Delivery of Goods
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on your location. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Down South Chilli Jam.
Returns and Refunds
Down South Chilli Jam handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Should you wish to return your order, please notify us within seven (7) days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Down South Chilli Jam.
Links to Other Websites
Down South Chilli Jam may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Down South Chilli Jam and the owners of those websites Down South Chilli Jam takes no responsibility for any of the content found on the linked websites. Down South Chilli Jam’s website may contain information or advertisements provided by third parties for which Down South Chilli Jam accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
Disclaimer
To the fullest extent permitted by law, Down South Chilli Jam absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Down South Chilli Jam gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Down South Chilli Jam to bear any and all costs. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Your Privacy
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy
Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
Contact Information
Down South Chilli Jam
downsouthchillijam@gmail.com
0478018191