Terms of service
Terms of Service
These Terms of Service set out the terms on which Green Commodities Pty Ltd ABN 14 621 141 848 trading as King Carlos Coffee ("King Carlos Coffee", "we", "us") supplies goods and services and operates kingcarloscoffee.com.au. Part A applies to all customers and visitors. Part B applies to wholesale trade customers. Part C applies to subscription customers. Part D applies to loyalty program members. Our Shipping policy, Refund policy, Privacy policy, Subscription policy and Equipment Terms form part of these terms. If there is any inconsistency: a signed Supply Agreement prevails over everything; then Part B for wholesale supply; then the Equipment Terms for equipment sold; then Part A. Version dated 18-10-2026.
Part A: Website and retail terms
1. Acceptance. By using this website or placing an order you accept these terms. We may update them by publishing a new version on this page; the version published when you place an order applies to that order.
2. Products and pricing. Prices are in Australian dollars and include GST where it applies. Fresh coffee is GST-free; packaging, equipment and some other items attract GST. Images are a guide and roast appearance, bag size and packaging may vary. If we find a pricing or description error in something you have ordered, we will contact you before processing and you may continue at the correct price or cancel for a full refund.
3. Orders. Your order is an offer to buy. A contract forms when we send your order confirmation. We may decline or cancel an order and refund you in full where a product is unavailable, an error has occurred, we cannot verify payment, or we reasonably suspect fraud or resale in breach of these terms, and we will tell you if we do.
4. Payment. Payment is processed through Shopify at checkout using the methods shown there. We never store your full card details. Title passes when we receive payment in full; risk passes on delivery.
5. Shipping, delivery and returns. Set out in our Shipping policy and Refund policy. Delivery dates are estimates. We are not responsible for delays caused by carriers, weather, strikes, supplier failure or other events outside our reasonable control, but you may cancel an undelivered order for a full refund if the delay exceeds 14 days.
6. Equipment. Coffee machines, grinders, presses and other items in our Coffee Machines range are sold subject to our Equipment Terms, which apply in addition to this Part A.
7. Your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these terms excludes, restricts or modifies those rights.
8. Our liability. To the extent permitted by law and subject to clause 7, our liability in connection with any order is limited to the price you paid for the goods, and we are not liable for indirect or consequential loss, including loss of profit or business interruption.
9. Use of this website and your content. You must not use this site unlawfully, interfere with its operation, scrape or copy its content, or order using false details. If you post a review, comment or other content, you grant us a royalty-free licence to use it in connection with our business, you confirm it is your own and not misleading, and we may remove content at our discretion. We take reasonable care to keep the site accurate and available but do not guarantee uninterrupted access.
10. Intellectual property. King Carlos Coffee owns or licenses all intellectual property in this site, our products, packaging, blog content, images, brand names, trade marks and logos. Nothing in these terms gives you a right to use any of it without our written permission.
11. Promotions and gift cards. Promotions are subject to the terms published with them. Gift cards are valid for at least three years from the date of purchase and cannot be redeemed for cash except as required by law. [Verify the current ACL gift card expiry and fee rules before publishing.]
12. Privacy. Our Privacy policy explains how we handle personal information.
13. Governing law. These terms are governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of its courts. Any unenforceable provision is severed and the rest continues in force.
14. Contact. contact@kingcarloscoffee.com.au or (02) 9580 1300.
Part B: Wholesale Terms and Conditions of Trade
These terms apply between Green Commodities Pty Ltd ABN 14 621 141 848 trading as King Carlos Coffee ("KCC") and each wholesale customer ("Customer"). They apply together with any Wholesale Supply Agreement, Coffee Supply Agreement or Wholesale Credit Application the Customer has signed, and that signed document prevails over these terms where they differ.
1. Agreement. These terms apply to every order the Customer places and every supply KCC makes. By placing an order or accepting delivery the Customer accepts these terms, which apply to the exclusion of any terms on the Customer's purchase order or other document. KCC may change these terms on 14 days' written notice; the change applies to orders placed after the notice takes effect. Any other variation is valid only if agreed in writing by KCC.
2. Credit and payment. Supply on credit is at KCC's discretion and conditional on a signed Credit Application or Supply Agreement and, where the Customer is a company or trust, a signed director's guarantee. Invoices are issued when an order is accepted. Payment is due in full, by direct debit or electronic funds transfer, before the order is dispatched, unless KCC has agreed credit terms in writing in a signed Supply Agreement or Credit Application, in which case payment is due within the period stated there. All payments are made without set-off, counterclaim or deduction. KCC may set and vary a credit limit, and may at any time require payment on delivery or in advance where an account is overdue, a credit limit is exceeded, or KCC reasonably considers the Customer's credit position has changed.
3. Direct debit. Where the Customer has given a direct debit or card authority, KCC may debit each invoice on its due date. The Customer must keep the nominated account or card current and funded. A dishonour fee of $25 plus any bank charge applies to each failed debit.
4. Overdue accounts. If an invoice is not paid by its due date: (a) interest accrues on the overdue amount at 12% per year, calculated daily from the due date until paid; (b) KCC may suspend deliveries and cancel unfilled orders without liability; (c) all other amounts owing become immediately due; and (d) the Customer must pay KCC's reasonable costs of recovery, including collection fees and legal costs on a full indemnity basis. Payments on overdue accounts are applied first to recovery costs, then interest, then principal.
5. Pricing and GST. Prices are those in KCC's price list current on the day of ordering unless otherwise agreed in writing. KCC may change its price list on 14 days' written notice. Coffee and raw ingredients are GST-free; packaging, equipment and services attract GST, charged at invoicing.
6. Orders and delivery. Orders are placed by 2pm on the day before delivery. Delivery is on the Customer's area delivery day; orders falling on a weekend or public holiday are delivered on the next delivery day. The Customer must provide a safe, accessible delivery point and tell KCC its exact location in advance. Delivery is complete when the goods are left at that point.
7. Minimum order. $300 excluding GST. Delivery is free within KCC's designated delivery area; deliveries outside it are charged at the rate quoted at ordering.
8. Cancellation. Orders over $200 may be cancelled only with 24 hours' notice before the scheduled delivery. Orders cancelled with less notice, or refused on delivery, are payable in full.
9. Risk. Risk in goods passes to the Customer on delivery. KCC is not liable for goods lost, stolen or damaged after delivery to the nominated delivery point, and any replacement is at the Customer's cost including freight.
10. Title and PPSA. Title to goods remains with KCC until the Customer has paid in full for all goods supplied and all other amounts owing to KCC. Until then the Customer holds the goods as bailee for KCC, stores them so they are identifiable as KCC's, and may sell them only in the ordinary course of business. The Customer acknowledges that these terms create a security interest in the goods and their proceeds under the Personal Property Securities Act 2009 (Cth), consents to KCC registering it on the Personal Property Securities Register, will do anything KCC reasonably requires to perfect it, and waives the right to receive any notice under that Act that can be waived. KCC need not disclose information about the security interest to any interested person. If the Customer defaults, KCC may at reasonable times enter the Customer's premises to inspect or retake possession of the goods, and may resell them.
11. Loaned equipment. Any machine, grinder, signage or other equipment KCC places at the Customer's premises (whether or not a Supply Agreement has yet been signed) remains KCC's property at all times. The Customer: holds it as bailee; must not sell, charge, lease, move or remove it, or allow any lien over it, without KCC's written consent; must keep it clean, maintained and insured for full replacement value with KCC's interest noted; bears the risk of loss or damage while it is on the premises; must use it only for KCC products; and must make it available for collection within 7 days of KCC's request or the end of supply, in the condition in which it was installed, fair wear and tear excepted. The Customer acknowledges this clause creates a security interest in that equipment in KCC's favour under the Personal Property Securities Act 2009 (Cth) and consents to its registration on the terms of clause 10. Where a Supply Agreement has been signed, its equipment terms apply in addition to and prevail over this clause. KCC's Equipment Terms (which govern equipment sold) do not apply to loaned equipment.
12. Claims. The Customer must inspect goods on delivery. Shortages and transit damage must be reported by midday on the day of delivery and damaged goods returned via KCC's driver within 2 days. Claims that coffee is stale, under-roasted or otherwise not of acceptable quality must be made within 7 days of delivery with the roast date and batch visible, and KCC will replace or credit as required. This clause sets the process for claims; it does not limit any right the Customer has under the Australian Consumer Law for goods that are not of acceptable quality.
13. Liability. To the extent permitted by law, KCC's liability for any goods supplied is limited, at KCC's option, to replacing the goods, supplying equivalent goods, or paying the cost of doing so, and KCC is not liable for indirect or consequential loss, including loss of profit. The Customer indemnifies KCC against any claim, loss or cost arising from the Customer's breach of these terms, its use of loaned equipment, or any third-party claim relating to the Customer's premises. Nothing in this clause excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.
14. Insolvency and termination. KCC may immediately suspend supply, cancel orders, demand payment of all amounts owing and retake possession of goods and loaned equipment if the Customer: fails to pay any amount within 14 days after a written reminder; becomes insolvent, enters administration, liquidation, receivership or any arrangement with creditors; ceases to trade; or changes ownership or control without KCC's prior written consent.
15. Change of ownership. The Customer must notify KCC in writing within 7 days of any change in its ownership, directors, trustee, partners or trading name. The outgoing owners remain liable for all amounts incurred before KCC confirms in writing that it has accepted the new owner as the Customer.
16. Credit information and privacy. The Customer and each guarantor consent to KCC obtaining commercial credit information about the Customer, and consumer and commercial credit information about each guarantor, from credit reporting bodies and trade references to assess and manage the account, and to KCC disclosing to a credit reporting body identity particulars, the fact and amount of credit applied for, and any payment default of $150 or more that is more than 60 days overdue, in accordance with the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code. [Confirm the default-listing threshold and notice period in the current Code before publishing.] KCC's Privacy policy explains how it handles personal information.
17. Intellectual property and brand. The Customer may use the King Carlos Coffee name and logo only to identify coffee supplied by KCC, in the form KCC approves, and must stop on request or when supply ends. The Customer must not alter, cover or remove KCC branding on loaned equipment or signage.
18. Force majeure. KCC is not liable for delay or failure to supply caused by events beyond its reasonable control, including crop failure, shipping disruption, supplier failure, strikes, fire, flood or government action, and may allocate available stock among its customers as it sees fit during such an event.
19. Notices. Notices may be given by email to the addresses each party has nominated and are taken to be received on the next business day after sending.
20. Disputes. Before starting proceedings (other than for urgent relief or debt recovery), a party must give written notice of the dispute and the parties' principals must confer within 14 days to try to resolve it in good faith.
21. Waiver. A failure or delay by KCC to enforce any term, including to insist on timely payment, is not a waiver of that term or of any later breach.
22. Guarantee. Where the Customer is a company or trust, supply on credit is conditional on each director or trustee signing KCC's guarantee and indemnity.
23. Governing law. These terms are governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts of that state. Any unenforceable provision is severed and the rest continues in force.
Part C: Subscription and recurring payment terms
1. What you are agreeing to. When you buy a coffee subscription you authorise us to charge your saved payment method for each recurring delivery at the frequency and quantity you choose, plus shipping and any applicable GST, until you cancel. You give that authority at checkout when you accept the subscription agreement shown there.
2. Billing. Each delivery is charged on its processing date, shown in your account, at the subscription price current on that date. We will email you at least 14 days before any price change takes effect, and you may cancel before then.
3. Changing your plan. You can change your coffee selection, quantity, frequency, delivery address or payment method at any time from your account page. Changes apply to deliveries not yet processed.
4. Skipping, pausing and cancelling. You can skip a delivery, pause or cancel at any time from your account page or by emailing contact@kingcarloscoffee.com.au. A delivery already processed will be shipped and charged. There are no cancellation fees.
5. Failed payments. If a payment fails we will retry once within 3 days and email you. If it fails again the subscription pauses until you update your payment method. We may cancel a subscription that remains paused for 60 days.
6. Offers. Subscription pricing and promotions cannot be combined with other discounts unless we say otherwise. We may change or end a subscription benefit on 14 days' email notice.
7. Your rights. Your rights under the Australian Consumer Law and our Refund policy apply to every subscription delivery as they do to a one-off order.
Equipment Terms
These terms apply to coffee machines, grinders, presses and other items in our Coffee Machines range (equipment) sold by Green Commodities Pty Ltd ABN 14 621 141 848 trading as King Carlos Coffee ("King Carlos Coffee", "we", "us"). They apply in addition to Part A of our Terms of Service and, for wholesale customers, Part B. Where these terms and Part A or Part B conflict, these terms prevail for equipment sold. These terms do not apply to equipment King Carlos Coffee lends or places at a customer's premises under a Supply Agreement or Part B clause 11; that equipment remains our property and is governed by those documents.
1. Quotes, freight and payment. Freight on equipment is not calculated at checkout. After you order we confirm stock and quote freight to your address. Your order is not accepted, and payment is not taken, until you confirm the freight quote. Payment in full in cleared funds is required before dispatch unless we agree otherwise in writing. We may ask for photo identification, and may hold dispatch for up to 21 business days after payment where we need to verify the payment or purchaser; we tell you before you pay if a hold will apply.
2. Delivery. Delivery is to street level or kerbside at a physical address. Equipment cannot be delivered to a PO Box. If delivery requires stairs, a lift, a time window or any other special arrangement, tell us before dispatch; if the driver cannot complete delivery because we were not told, a redelivery fee at cost applies. Delivery is complete when the equipment is left at the address or collected by you or your carrier.
3. Checking your delivery. Inspect the equipment on delivery and tell us in writing at contact@kingcarloscoffee.com.au within 2 business days of any transit damage, missing items or difference from what you ordered, with photos, so we can claim against the carrier. This does not limit your rights under the Australian Consumer Law for equipment that is faulty, not of acceptable quality or not as described, which you may raise at any time within a reasonable period.
4. Transit risk. For consumers, equipment must be of acceptable quality when it reaches you and we will repair, replace or refund equipment damaged in transit as the Australian Consumer Law requires. For wholesale and business customers, risk passes on dispatch, and transit insurance is available at your cost if requested before dispatch.
5. Change of mind and cancellation. Change-of-mind returns do not apply to equipment. An order may be cancelled or changed only with our written consent before dispatch. If we agree, a cancellation and restocking fee of 35% of the invoice value applies, which represents our genuine estimate of handling, restocking, lost freight and reduced resale value. We may, at our discretion, accept a return for store credit valid for 12 months, less the 35% fee and any return freight.
6. Custom and special-order equipment. Equipment ordered in to your specification, in a non-stock colour or configuration, or modified at your request cannot be cancelled after we place the order with the supplier and cannot be returned for change of mind. Your rights under the Australian Consumer Law for faulty or misdescribed goods are not affected.
7. Title and PPSA. Title passes to you when we receive payment in full. Until then we may, at reasonable times and on reasonable notice, inspect or retake possession of the equipment and resell it, and you consent to us registering our interest on the Personal Property Securities Register.
8. Installation and use. Unless we have agreed in writing to install the equipment, you are responsible for installation, electrical and plumbing connection and commissioning, which must be done by appropriately licensed persons in accordance with the manufacturer's instructions. We are not liable for damage caused by incorrect installation, connection, water quality, cleaning or use, or by repairs or modifications not authorised by us.
9. Warranty. Equipment comes with the manufacturer's or importer's warranty, the terms of which we provide with the equipment. That warranty is in addition to, and does not replace, your rights under the Australian Consumer Law. To claim, contact us with your order number and a description of the fault and give us or our nominated service agent reasonable access to inspect. Unless the manufacturer's warranty says otherwise, it covers parts; service call-outs, labour and travel are charged at our current rates. It does not cover wear items, consumables, damage from scale or poor water quality, or faults caused by misuse, lack of maintenance or unauthorised repair.
10. Advice. If you tell us what you need equipment for, we will recommend equipment we believe is suitable, and the fitness-for-purpose guarantee under the Australian Consumer Law applies to that recommendation. Specifications, capacities and site requirements are the manufacturer's, and you are responsible for confirming your site, power and water supply meet them.
11. Your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these terms excludes, restricts or modifies those rights.
12. Liability. To the extent permitted by law and subject to clause 11, our liability in connection with equipment is limited, at our option, to repairing or replacing it or paying the cost of doing so, and we are not liable for indirect or consequential loss, including loss of profit, trade or business interruption.
13. General. You may not assign an equipment order without our written consent. A failure by us to enforce a term is not a waiver of it. These terms are governed by the laws of New South Wales.