Overview
This website is operated by Latorta (ACT) Pty Ltd (ABN: 73 606 416 308).

Please read the following terms and conditions of use and disclaimers carefully before using this website.

By accessing or using this Website, you agree to these terms and conditions. By accessing, using, browsing and using the purchasing services and information provided by this Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.

Ordering
By submitting an order via this Website you agree to these terms and conditions.  By submitting an order, you are making an offer to purchase goods that, if accepted by us, will result in a binding contract. A binding contract will only result when we have notified you that your goods have been dispatched.

All orders are subject to acceptance and availability. If we cannot fulfil your order due to stock unavailability, you will be notified by email or telephone and you will have the option to replace/substitute the item(s) or accept a credit note or refund.

Orders will not be processed until the customer's funds have cleared in full.

Once an order has been dispatched, we cannot change the delivery address nor the contents, from that originally stated in the order.

Prices
All prices on our Website are in Australian Dollars (AUD) and are inclusive of GST. The prices of products and delivery and other charges displayed on this Website are current at the time of issue, however, we reserve the right to change prices at any time before we accept an order from you.

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’). Whilst we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you or we cancel the ordering of that item, and you have already paid for the goods, you will receive a full refund.

Registration to use the Purchase Services & Checkout
In order to access the Purchase Services, you must first register as a user of the Website, whether as a customer account or as a guest. As part of the registration process, or as part of your continued use of the Purchase Services, you are be required to provide personal and contact information including your name, email address, mailing address and telephone number.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our Website, so that we can complete your transactions, deliver your order and/or contact you as needed.

You may not use the Purchase Services and may not accept the Terms if you are not of legal age to form a binding contract with Latorta; or you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

You agree that you are the legal owner and operator of the payment method used at Checkout.

You agree that you may not use our products for any illegal or unauthorised purpose nor violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by competitors, dealers, resellers or distributors.

We reserve the right to refuse any order you place with us. We may, at times place a limit on the quantity of items that can be purchased.  

 

Payment
Our online store accepts payments using popular credit and debit cards, as indicated at our checkout.  These may change from time to time.  We do not store card details in our database.  

Our website and online store uses 256-bit SSL certificates to keep order details protected and provide a secure shopping experience for you. Your credit/debit card and order data are encrypted and secure. In fact, our website is certified Level 1 PCI DSS compliant, meeting all 6 categories of the Payment Card Industry Data Security Standards. 

If you feel uncomfortable purchasing online, or wish to make an offline payment, or use an in-store gift voucher, please contact us to make payment arrangements.  Orders will not be dispatched until full payment has been received.

You agree that you are the legal owner and operator of the payment method.


Delivery
Orders are shipped within Australia using Australia Post or Couriers at our discretion. It is the responsibility of the customer to inform Latorta if an order does not arrive. We can lodge enquiries with the courier/postal service to track or locate your shipment. Latorta will not be held accountable for late deliveries, for items lost or stolen in transit, nor any loss or damage relating to late deliveries, damaged, lost or stolen items.

It is the responsibility of the customer to ensure that the shipping address provided is correct & that the parcel is collected. If a parcel is returned to us due to an incorrect address or because it was not collected from the post office/parcel box or equivalent, redirection shipping charges will be applied.  By confirming your order at the checkout, you are giving the consent for your parcel to be left at the premise without obtaining a signature as proof of delivery. The risk of loss or items is passed to you upon our delivery to the carrier.

If you require extra cover / insurance / signature on delivery, please email us. We are only able to reimburse orders that have been insured.


Refunds & Returns

Please refer to our Refund Policy

Privacy
Latorta takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to our Privacy Policy.

Content
While great care has been taken in the presentation of information on this site, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free. Any reliance on the material on this Website is at your own risk.

For customers concerned about food allergies/ingredients always check the manufacturer's label/s on the product. No representation is made, and no responsibility accepted for reliance upon the information as being complete, accurate or up to date.

Third party websites & links
This Website contains links to other sites or resources owned and operated by third party vendors and other third parties that are not affiliated with Latorta. Any use or engagement by you of these resources offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which these resources are provided by the relevant third-party provider(s).

You acknowledge that Latorta is not responsible for examining or evaluating the content or accuracy of these links, and is not responsible for any harm, damages or losses caused by your engagement with that third party, by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or otherwise. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

Copyright and Intellectual Property
All content included on this Website is the property of Latorta and is protected by international copyright laws. Except to the extent permitted by relevant copyright legislation, you may not use, copy, modify, transmit, store, publish or distribute any material on this website or create any other material using material on this website, without obtaining our prior written consent.

Latorta respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your concerns.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Whether at our request (ie competition submissions), or without a request from us, you send to us photos, images, logos, creative ideas, suggestions, proposals, or other materials (‘property’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such ‘property’ that you forward to us. Your privacy is of importance to us, and we are happy to take specific requests for such ‘property’ to be treated in confidence.

We may, monitor, edit or remove ‘property’ that we determine in our sole discretion violates any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. 

You may not use a false identity, false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any ‘products’. You are solely responsible for any ‘products’ you provide and their accuracy. We take no responsibility and assume no liability for any ‘products’ posted by you or any third-party.

Disclaimer
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Indemnity
You agree to indemnify Latorta, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you or we post through the Website;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms and Conditions; and/or
  • any breach of the Terms and Conditions.

Limitation on Liability
In no event shall Latorta, our directors, officers, employees, or contractors be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Latorta has been previously advised of the possibility of such damages. Whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Jurisdiction
These Terms and Conditions are governed by the laws of the Australian Capital Territory, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Australian Capital Territory. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance
If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction in Australia, that part shall be severed, and the rest of the Terms shall remain in force.

Changes to Terms and Conditions
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of, or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

If you have any concerns or queries regarding our Terms and Conditions, we encourage you to contact us via email