1.1 The Jimalie Online Store at www.jimalie.com.au is a shopping site where you can view, select and order products on the site from Jimalie (“Jimalie Pty Ltd”, “us” or “we” or “our”).
1.2 Please read these terms and conditions before using the site.
1.3 If you are under 18 years of age, obtain your parent or guardian’s consent before using the site.
1.4 Your decision to access and use of the site, including your order of products through the site, is subject to these terms and conditions.
1.5 The site may contain recipe or other information that are not from Jimalie representatives.
The information shared is general information provided for your convenience only and you agree that: (a) the information do not indicate, expressly or impliedly, that we endorse the information or the products or services provided; (b) we make no representations or warranties, or have any responsibility or liability for these information; and (c) you agree that if you access and use the products and services made available solely at your own risk.
1.6 Jimalie coocnut products Australia attempts to be as accurate as possible and uses its best attempts to ensure, but does not itself warrant, that any information provided, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
2 Agreement with the Terms & Conditions
2.1 You agree to bound by, and comply with, these terms and conditions: (a) by providing your details through the site; and (b) using the site to obtain products from us; and (c) you will abide with all relevant laws relating to your use of our site and your placing of any order to us; and (d) the person receiving the products at the delivery address or collecting the products on your behalf is authorised by you to do so; and (e) all information and data provided by you to us through the site is true, accurate, complete and current.
3 Your Details
3.2 If you choose to provide an email address other than your personal email address to use the site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of that email address.
4 Placing an order
4.1 Any order placed through this site for a product is an offer by you to purchase the particular product for the price advised, including the delivery, other charges and taxes, at the time you place the order.
4.2 You may order products by choosing and submitting your order through the site in accordance with these terms and conditions.
4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.
4.4 You agree to provide us with current, complete and accurate details where relevant.
5 Order acceptance or rejection
5.1 We reserve the right to accept or reject your order for any reason, including if the requested product is not available, if there is an error in the price or the product description on the site is incorrect or an error in your order.
5.2 If we reject an order placed through the site, then we will attempt to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5.3 Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.
6 Minimum and maximum orders
6.1 The minimum purchase amount for each order is $10.00 excluding the delivery fee.
6.2 You are not permitted to purchase any items for resale to a third party or for trade purposes, unless we have an agreement with you as a stockist. If we have a concern with your order, we may contact you regarding our concern.
6.3 If you wish to place a large order, please contact our Customer Service on (02) 4339 3846 during business hours or register to be a stockist at www.jimalie.com.au if you intend to order large quantities on a regular basis. If we agree to a large order, we will contact you to confirm your order and delivery.
7.1 We will only deliver products ordered through the site to a location where we provide delivery. You may receive multiple deliveries for your order if it is a large order. We or our delivery company may need to contact you to arrange a delivery date for your products.
7.2 We will only deliver the products to the front door at the delivery address you supplied.
7.3 You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your order through the site.
7.4 You must be present to accept the delivery of your order and, at our request, provide photographic identification and the copy of your online order or online receipt.
7.5 We will require the person accepting the delivery of your order to provide us with proof of that person’s identity, including photographic identification. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification.
7.6 If there is no one or no appropriate person at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then: (a) we will not deliver the products you have ordered; and (b) we may charge you a fee of up to $50. In this instance, we will attempt to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
7.7 Other than clause 7.4, you agree that any person at the delivery address who accepts the products is authorised by you to receive your order and, you acknowledge that they are aware that they may be asked to provide photographic identification and a copy of the online order or online receipt.
7.8 You acknowledge and agree that we may record some details of any identification provided in relation to the delivery of your order.
8 Large orders
8.1 If we classify an order as a large order, your order may attract a handling fee. Examples of orders that we classify as large are: (a) Order of products over 50 items; (b) Order of products which exceed 100 kg; and (c) Multiple orders placed during any 10 day period and total volume is equal to or exceeding clause 8.1(a) or 8.1(b).
8.2 If your order is a large order, we will contact you as soon as possible after the placement of your order to advise you of the exact handling charge payable and delivery time frames in respect of your order.
8.3 If you are unsure whether your order is a large order and would like to know the exact handling charge payable before you place your order, please contact our Customer Service on (02) 4339 3846 or email email@example.com.
8.4 We value your custom. To enable us to service you better, we ask that you contact our Customer Service on (02) 4339 3846, seven (7) days prior to the placing any large orders to allow us to ensure that the appropriate stock is ordered and available for your needs.
9 Risk and title
9.1 Risk in the products transfer to you on the date and time of delivery to the delivery address. Title to the products transfer to you on the later of the date and time of payment for those products and delivery of those products to the delivery address.
10.1 We have processes in place to assist in detecting orders that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your order. If you are unsure whether the person contacting you is from Jimalie, please contact our Customer Service on (02) 4339 3846 or email firstname.lastname@example.org.
11 Cancelling an order
11.1 We may cancel any order or part of an order, including any orders that we have accepted, without any liability to you for that cancellation at any time if: (a) the requested products in that order are not available; or (b) there is an error in the price or the product description on the site in relation to the relevant product in that order; or (c) that order has been placed in breach of these terms and conditions.
11.2 If we cancel an order in accordance with: (a) clause 11.1(a) or 11.1(b): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If any payment has been taken for the cancelled order, then the full payment amount, including any delivery fee and other fees and charges, will be refunded to your original payment method or through an alternative means. (b) clause 11.1(c): we will provide you with reasonable notice of that cancellation. If your order is cancelled before the day of delivery, then the full payment amount, including any delivery fee and other fees and charges, will be refunded to your original payment method or through an alternative means. If your order is cancelled on the day of delivery, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of $20. If any payment has been made in excess of $20, we will refund that excess amount to your original payment method or through an alternative means.
11.3 You may cancel an order by contacting our Customer Service on (02) 4339 3846 during business hours, up to 24 hours before the delivery. In this instance, if you cancel an order that has been accepted by us: (i) before the day of delivery, then no fees or charges will apply to that cancellation; and (ii) on the day of delivery, then we may charge you a cancellation fee of $20.
11.4 If you cancel an order in respect of which we have taken payment, then the full payment amount, including any delivery fee and other fees and charges other than the fee payable under clause 11.3(ii), will be refunded to your original payment method or through an alternative means.
12 Fees and charges
12.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept: (a) the purchase price of each product that is ordered; (b) the delivery fee or handling fee provided to you during or after placing your order; and (c) the cancellation fee for an order that is cancelled as set out in clause 11.3(ii); and (d) any other fees and charges set out in these terms and conditions.
12.2 All fees and charges acknowledged in these terms and conditions and all prices for the products include GST where applicable.
12.3 The purchase price of each product is shown on the site at the time you place your order.
12.4 You acknowledge that: (a) we are not required to match any price for any products, including matching any prices for a product that is available with our stockist or vice versa; and (b) all pricing displayed on the site may differ depending on the postcode you have selected.
12.5 Just like with our stockist, prices for products change from time to time and we do not provide any notice of any changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.
13 Payment methods
13.1 You must pay the fees and charges online using the online payment methods below.
13.2 We accept the following payments from: (i) Visa and Visa Debit; (ii) MasterCard and MasterCard Debit; (iii) American Express (surcharges may apply); and (iv) Diners Club.
13.3 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
13.4 You authorise Jimalie to debit the amount that is payable for an accepted order from your nominated payment method to pay for the fees and charges.
13.5 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
13.6 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order and the out of stock products including the dollar value refunded to your card of purchase.
14.1 Jimalie Returns Policy applies to all purchases of products using the site and forms part of these terms and conditions.
14.2 If you wish to return product in accordance with our Returns Policy, then you may return that product and provide proof of purchase for a refund, excluding the delivery fee.
14.3 If you wish to return products in accordance with our Returns Policy, then you may: (a) return the product to Jimalie; or (b) contact our Customer Service by telephone to make arrangements to return that product. In this instance, you may return the product to us at the time we deliver your next order. Upon confirmation from the driver that the goods have been received we will refund your card of purchase with the funds being available within 7-14 business days.
14.4 The Jimalie Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 23.
14.5 A copy of the Jimalie Returns Policy is available at www.jimalie.com.au.
15 Substitution or missing items
15.1 You acknowledge that a product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that product.
15.2 If you select the substitute option for some or all of your products in an order, then we will attempt to provide you with a substitute product: (a) when the product you have selected is not available; or (b) if we are not able to supply to you the product that you have selected.
15.3 We provide you with an option to obtain a substitute product for most products.
15.4 Upon your choice, we will attempt to provide you with a substitute product. Where the price for that substitute product is of greater value than the product you selected, we will charge you the price of the substitute product.
15.5 If there are items missing from your delivery, you need check the receipt that we provide to you at delivery. We will not charge you for the products that were not supplied.
15.6 In all other circumstances, you may contact Customer Service on (02) 4339 3846 during business hours within 24 hours after the delivery and we will take measures to verify and confirm any missing items. Once we are satisfied that the items were not delivered, then at your option, we will: (i) provide you with a credit to your relevant card account within 7-14 business days for the products that were charged but not delivered to you; or (ii) arrange to deliver the missing item(s) in your next order.
16 Your general obligations
You: (a) should check the labels on the products before consumption or use; (b) must notify us through Customer Service on (07) 4041 0963 during business hours if you are having a difficulty placing an order; (c) are responsible for any costs related to your access or use of our site; (d) are responsible and liable for any person that use your details to order product(s) through our site; (e) must advise us of any changes to your information provided to us as part of the ordering process; and (f) agree that we may charge you for all products that we agree to supply to you that have been ordered using your details through the site.
17 General restrictions
You must not: (a) use the site for any actions that breach any laws, impinge on a third party’s rights or are contrary to any relevant standards or codes; (b) use another person’s details without their permission or impersonate another person on our site; (c) tamper or hinder the operation of our site; (d) use our site in a manner, or post to or transmit to or via the site any material, which interferes with other users or our other customers or offends, bothers, threatens, intimidates or insults any person or which prevents any other person from using or enjoying the site; (e) post or transmit obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal offences;(f) use the site to interrupt the security of any computer or network or engage in illegal conduct; (g) make fraudulent or speculative enquiries, purchases or requests through our site; (h) purposely transmit viruses, worms, defects, trojan horses or similar disabling malicious codes to our site; (i) change, adjust, translate or reverse any part of our site; (j) remove any copyright, trademark or other proprietary rights contained in or on our site; (k) use our site other than in accordance with our terms and conditions; (l) endeavor any of the above acts or engage or allow another person to do any of the activities above.
18.1 We reserve the right to refuse service, terminate orders and or remove or edit content if we believe that you have operated in breach of these terms and conditions or have used the site in a fraudulent or improper manner. Jimalie also reserves the right to otherwise cancel orders in accordance with clause 11.
19.1 We may limit your access to the use of the site and, where relevant, remove your registration if you breach our terms and conditions.
19.2 We may cease creating any part of or the entire site being available without prior notice. If so, any orders that we have accepted will not be affected unless the products that have been ordered are no longer available, if so, we will inform you and will refund to you all applicable payments received by us for those products.
20.1 Our products come with guarantees 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 replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to solutions that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
20.2 Not excluding, restricting or modifying the rights and solutions to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law or Jimalie’s liabilities under those provisions: (a) you accept that each site page is provided for general use and that we do not make any warranty or representation as to the suitability of the site or a product for any purpose; (b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the site or the subject matter of this agreement; and (c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to recognize expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless a loss arises as a result of our own negligence or wilful misconduct.
20.3 Our liability to you for loss or damage of any kind resulting out of this agreement or in connection with the relationship established by it is reduced to the extent that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort, negligence, under any statute or otherwise.
21 Intellectual property rights
21.1 You: (a) acknowledge that the copyright in the site, software, design, text and graphics included in the site, the arrangement of the site and the content and materials on the site are owned by us or licensed to us; (b) must not modify, reproduce, adjust, store, replicate, upload, post, transmit, sell, distribute in any way or communicate to the general public any part of our site without our written consent prior; and (c) must not insert in another site any parts appearing on this site without our written consent prior.
21.2 This site contains registered trademarks which are protected by law. You must not use any of the trademarks appearing on the site or our name without our written consent prior.
22 Updating our terms and conditions
22.1 We may update our terms and conditions at any time, and any updates will be effective as soon as they are displayed. These terms may be different for future orders. We recommend that you read our terms each time you agree to them during the ordering process.
22.2 If you have an order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that apply at the time you entered your order.
© Jimalie Pty Ltd 2016 - All Rights Reserved
Jimalie RETURNS POLICY
All products you buy online at Jimalie are covered by the Jimalie Returns Policy.
Changed your mind? In addition to claims for faulty products, we will gladly refund the purchase price where you have changed your mind within 14 days from the purchase date and you return the product(s) in its original condition, undamaged, unopened, in its original packaging intact and with clear proof of purchase.
Proof of Purchase If the product(s) you buy from Jimalie is faulty or if you are not satisfied with it, we will gladly refund the purchase price or exchange the product.
There may be instances where Jimalie reserves the right to have the product assessed for acceptable quality prior to providing you with a suitable solution.
To make a claim under our Returns Policy, you must return the item to Jimalie within 14 days from the purchase date. Any cost incurred by you in bringing the item will be borne by you.
Without Proof of Purchase Products with a purchase price of less than $30 will be either: exchanged, refunded as a voucher or reimbursed in the original Payment Method.
If you do not have proof of purchase and you wish to return a faulty product with a purchase price of $30 or more, we will, at our option, provide you with a Jimalie Voucher issued by us to the value of the purchase price excluding delivery fees or other handling charges. Where applicable, products may be returned for exchange, or we may reimburse you the purchase price in the original payment method, excluding delivery fees or other handling charges.
If a refund is given in the form of a Jimalie Voucher issued by Jimalie then the following restrictions will apply: the voucher will have an expiry date of four (4) months from the date of issue; the voucher will be distinguishable as a Jimalie Voucher issued by Jimalie
If you do not have proof of purchase and you wish to return a product with a purchase price of $30 or over, at our discretion, we will provide you with a Jimalie Voucher issued by us to the value of the purchase price, excluding delivery fees or other handling charges, which you can use within four (4) months of issue.
Our policy includes your rights under the Australian Consumer Law and provides you with additional benefits in addition to those rights, because your satisfaction is important. Our products come with guarantees under the Australian Consumer Law. You are entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
Where a failure does not amount to a major failure, we are entitled to choose between providing you with a replacement or refund.
Your rights to a solution under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. As you can appreciate the type of solution we will offer you may vary depending on how long it takes you to return the product to us. At Jimalie, we will always take a fair and reasonable approach.
Additional Information If your product cannot be easily returned to Jimalie, please contact us and we will discuss a suitable solution.
Where applicable, when you return a product we ask that you return the product undamaged, unopened, in its original packaging intact and with clear proof of purchase.
Our contact details If you have any questions about our Returns Policy, please contact Jimalie at:
Jimalie Pty Ltd. PO BOX 347, AVOCA BEACH, NSW 2251 Phone: (02) 4339 3846
Frequently asked Questions (FAQs)
How do I get a refund for products I have purchased? For all returns and exchanges please contact Jimalie on (02) 4339 3846.
I changed my mind about the products I purchased. Can I return it? If you no longer want products you purchased from Jimalie, return the products to Jimalie in its original condition, undamaged, unopened, in its original packaging and with a clear proof of purchase and we will gladly refund the purchase price, excluding delivery fees or other handling charges or exchange the product.
Will I get a refund? If the product you buy from Jimalie is faulty or if you are not satisfied with it, Jimalie will gladly refund the purchase price of an item within 14 days from purchase date, with clear proof of purchase. Just take your item to Jimalie.
I lost the receipt, will I get a refund? Products with a purchase price of less than $30 can be exchanged, refunded as a voucher or reimbursed in the original payment method. For items over $30, if you do not have an acceptable proof of purchase, reimbursement may be given as a Jimalie Voucher at our discretion. Products are to be in its original condition, undamaged, unopened and in its original packaging intact.
However, by providing us with some simple information regarding your transaction, such as the date, time and amount of your transaction, we can access and provide to you a copy of your receipt for up to three months prior to the current date.
Am I required to show photographic ID for a refund or exchange? If you have acceptable proof of purchase no photographic ID is required. For a refund or exchange over $30 where proof of purchase is not supplied we may require photographic identification to be presented.
What personal information is required for a refund without proof of purchase? For refunds or exchange over $30 you may be required to present photographic identification that confirms your name, address and signature.
What are my rights for returns under the Australian Consumer Law? Jimalie’s Returns Policy includes the rights you have under the Australian Consumer Law. Our Policy provides you with benefits in addition to those required by law, because your satisfaction is important to us. Our products may come with guarantees under the Australian Consumer Law. You are entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Where failure does not amount to a major failure, Jimalie is entitled to choose between providing you with a replacement or refund.
How long do I have to use my Jimalie Voucher? From date of issue, Jimalie Vouchers have a four (4) month expiry.
Where can I use my Jimalie Voucher? Jimalie Vouchers can be used in our online store.