Terms of service

These Terms of Service set out the terms on which Green Commodities Pty Ltd trading as King Carlos Coffee, ABN 14 621 141 848 ("King Carlos Coffee", "we", "us"), supplies goods and services. Part A applies to all customers and website visitors. Part B applies to wholesale trade customers. Part C applies to subscription customers.

Part A: General and retail terms

1. Acceptance

By using this website or placing an order with us, you accept these terms. If you do not agree with them, please do not use the site or place an order.

2. Products and pricing

All prices are in Australian dollars and include GST where it applies. Fresh coffee is GST-free; packaging, equipment and some other items attract GST. We work hard to keep product information, pricing and availability accurate, but errors can occur. If we find an error in the price or description of something you have ordered, we will contact you before processing the order and you may choose to continue or cancel.

3. Orders

Your order is an offer to buy. We may accept or decline any order, and we may cancel an order and refund you if a product is unavailable or an error has occurred. A contract forms once we confirm your order.

4. Payment

Payment is processed securely through Shopify at checkout. We accept the payment methods shown at checkout, including major cards, Apple Pay, Google Pay, Shop Pay and PayPal.

5. Shipping, delivery and returns

Delivery times, shipping costs and pickup are set out in our Shipping policy. Returns and refunds are set out in our Refund policy. Both form part of these terms.

6. Your rights under Australian Consumer Law

Nothing in these terms limits your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded. If a product is faulty, not as described, or does not do what it should, you may be entitled to a repair, replacement or refund.

7. Intellectual property

King Carlos Coffee and its related companies reserve all intellectual property rights, including but not limited to copyright, in material and services provided by us. Nothing in these terms gives you a right to use our marketing material, business names, trademarks, logos or domain without our written permission.

8. Governing law

These terms are governed by and interpreted in accordance with the laws of New South Wales, and the parties submit to the jurisdiction of the courts of that state.

9. Contact

Questions about these terms? Email contact@kingcarloscoffee.com.au or call (02) 9580 1300.

Part B: Wholesale Terms and Conditions of Trade

These terms apply between Green Commodities Pty Ltd trading as King Carlos Coffee, ABN 14 621 141 848 (the Company) and the wholesale Customer.

1. Agreement

All orders placed by the Customer are subject to acceptance of the Company's Terms and Conditions of Trade as stated below, and as amended from time to time. By receiving delivery and/or supply of all or part of the goods, the Customer is deemed to have accepted these Terms and Conditions of Trade and to have agreed that they apply to the exclusion of all others. Any variation to these terms is only valid if specifically accepted in writing by the Company.

2. Credit terms

Invoices are issued on delivery of goods, and payment terms are cash on delivery, electronic funds transfer, or bank cheque. The Company reserves the right to charge liquidated damages at an equivalent annual interest rate of 12% if payment is not received by the due date. The Customer accepts liability for any costs and expenses the Company incurs in collecting outstanding debts, including but not limited to debt collection fees and legal costs on an indemnity basis. Any payments received on overdue accounts are applied first to accrued interest, second to reasonable expenses and legal costs, and then to principal.

3. Pricing and GST

Prices are determined according to the Company's price list on the day of ordering, unless otherwise agreed. Packaging is subject to GST. Coffee and raw ingredients are not subject to GST. Where applicable, GST is charged at the time of invoicing.

4. Orders

All orders must be placed by 4pm on the day before delivery. Delivery is once a week and subject to the Customer's area delivery days. Orders for delivery on Saturday, Sunday or public holidays are delivered on the next delivery day for the Customer's area. Customers must organise a safe delivery area and notify the Company of the exact delivery location in advance.

5. Cancellation of orders

Cancellation of orders over $200 requires 24 hours' notice.

6. Handling fees

For all orders over $150, delivery is free inside the Company's designated delivery area. Orders under $150 are charged a handling fee of $20 per order (excl. GST). Orders under $150 are not accepted.

7. Risk and ownership

The Customer bears all risk of loss or damage to goods on delivery. The Company is not responsible or liable for lost or stolen goods that have been delivered at the Customer's direction. Any replacement goods supplied by the Company must be paid for in full by the Customer, including courier fees. Title to all goods only transfers to the Customer on payment in full of all monies owing by the Customer to the Company.

8. Personal Property Securities Act (PPSA)

This agreement is a security agreement in writing for the purposes of the PPSA, and the supply of goods by the Company to the Customer is potentially a registrable security interest under the PPSA. If requested by the Company, the Customer will promptly execute all documents and do all things reasonably required to ensure the security interest constitutes a perfected security interest under the PPSA.

9. Claims

All goods should be inspected on arrival, or as close to delivery time as possible. Any damages or shortages must be reported to the Company before midday on the day of delivery. Damaged goods must be returned via our delivery driver within 2 days, unless alternate arrangements are made with the Company.

10. Liability

No warranties, except those implied by law that cannot be excluded, are given by the Company in respect of goods supplied. To the maximum extent permitted by law, any liability of the Company in connection with goods ordered by the Customer is limited to the replacement of the goods, the supply of equivalent goods, or the cost of replacing the goods or obtaining equivalent goods.

11. Jurisdiction

These Terms and Conditions of Trade are governed by and interpreted in accordance with the laws of New South Wales, and the parties consent and submit to the jurisdiction of the courts of that state. If any provision of these terms proves to be illegal or unenforceable, that provision is deemed omitted without affecting the legality of the remaining provisions, which continue in full force and effect.

12. Failure to act

The Company's failure to enforce or insist on timely performance of any term, condition, covenant or provision in these terms, or to insist on timely payment of monies when due, or to demand payment of any charges or fees that accrue, or any extension of credit or forbearance under these terms, does not constitute a waiver of any subsequent default, or a waiver of the Company's right to demand timely payment of future obligations or strict compliance with these terms.

13. Right to privacy

The Customer and each signatory to this agreement acknowledge that their statutory rights to privacy have been drawn to their attention, and give the Company permission to obtain consumer or commercial information as permitted by the Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000. They acknowledge and consent to the Company's participation in any or all of the following practices in its assessment, acceptance, management and collection of monies payable or recoverable under transactions between the Customer and the Company: (a) giving a credit reporting agency the following personal information: (i) identity particulars, subject to limitations imposed by legislation, (ii) the fact that the Customer has applied for credit, and (iii) the fact that the Company is a current provider to the Customer; (b) receiving consumer credit reports from credit reporting agencies and using those reports for the purpose of (i) assessing an application made by the Customer for commercial credit, and (ii) the collection of payments overdue in respect of commercial credit provided to the Customer by the Company.

14. Intellectual property

15. Payment methods

Electronic Funds Transfer (EFT) must be deposited into the King Carlos Coffee nominated account within seven working days of the delivery invoice. If payment is not received by the due date, deliveries will be suspended or payment will be required as cash on delivery (COD).

Part C: Coffee subscription and recurring payment terms

Your deliveries automatically continue at the frequency and quantity you have chosen.
Your card is charged with each recurring delivery, plus shipping, handling and applicable taxes.
You can customise your plan by changing your coffee selections from your account page.
You can skip, pause or cancel your subscription at any time from your account page, or by contacting us at contact@kingcarloscoffee.com.au. Changes apply to deliveries that have not yet been processed.
Subscription program terms and benefits may change. By joining, you agree to receive recurring coffee deliveries under these terms.
Prices may change. Subscription offers cannot be combined with another offer.

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