Terms & Conditions

PINOSDOLCEVITA.COM.AU (THE ‘WEBSITE’) IS AN ONLINE SERVICE OWNED AND OPERATED BY PINO’S DOLCE VITA FINE FOODS PTY LTD (ABN 61101934025 ) OF ADDRESS (45 President Ave, Kogarah NSW 2217). PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY VISITING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS & CONDITIONS OF USE, WHICH SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PINO’S DOLCE VITA. FURTHER, BY PURCHASING ANY ITEM FROM PINO’S DOLCE VITA YOU AGREE THAT THE FOLLOWING TERMS & CONDITIONS APPLY TO ANY SUCH PURCHASE.

A. USER AGREEMENT GOVERNING USE OF WEBSITE

1. USER AGREEMENT 
If you do not agree to the terms and conditions set out in these Terms & Conditions of Use, you must not use the Website.

2. YOUR STATUTORY RIGHTS

As a consumer, nothing in this Agreement affects your non-excludable statutory rights.

3. AMENDMENTS TO TERMS & CONDITIONS OF USE

PINO’S DOLCE VITA reserves the right to amend, vary and/or replace these Terms & Conditions of Use at any time, and from time to time, at PINO’S DOLCE VITA’s sole discretion. Your continued use of the Website will be deemed to be your acceptance of any amendment, variation and/or replacement of these Terms & Conditions of Use.

4. ACCOUNTS

4.1 In order to purchase products online from PINO’S DOLCE VITA you must first register an account on the Website (‘Account’). Registering an Account will enable you to: (a) receive information and email communications from PINO’S DOLCE VITA relating to Special Offers; (b) make an order to purchase products; 
(c) change your preferences, including your preferred e-mail address, physical address, credit card details and passwords; (d) view past products you have purchased.

4.2 When registering an Account, you agree to provide accurate and complete information about yourself and to keep this information up-to-date.

4.3 PINO’S DOLCE VITA reserves the right to refuse registration of an Account (or to suspend or close an existing Account) at any time without prior notice to you) where:

(a) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner;

(b) you have breached these Terms & Conditions of Use;

(c) PINO’S DOLCE VITA considers refusal of registration of an Account or the closure of an existing Account to be necessary to comply with any requirements of the law; .

4.4 In the event that your Account is suspended or closed at a time when you are awaiting delivery of products, PINO’S DOLCE VITA reserves the right to cancel your order(s). A refund may be issued to the credit card provided during the purchase process.

4.5 You are solely responsible for the activity that occurs on your Account and for keeping your Account log-in and password secure.

4.6 Each time you use the password, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms & Conditions. This means that you are responsible for any products purchased using your account details. You must notify PINO’S DOLCE VITA if at any time you believe someone has access to your password.

5. LEGAL CAPACITY

By making an order to purchase products via the Website, you warrant to PINO’S DOLCE VITA that you are:
(a) eighteen (18) years of age or above; and
(b) entering into a legally binding contract with PINO’S DOLCE VITA with respect to that order.

6. UNAUTHORISED USE OF THE WEBSITE

6.1 You agree to use this Website only for purposes that are permitted by:

(a) these Terms & Conditions of Use; and/or

(b) any applicable laws or regulations.

6.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable, manipulate or otherwise interfere with security-related features of the Website.

6.3 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that PINO’S DOLCE VITA may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.

7. LIMITATION OF LIABILITY

7.1 The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms & Conditions of Use can exclude or restrict the application of such laws but, to the extent that it can under these laws, PINO’S DOLCE VITA does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these consumer laws. Subject to claims available under consumer protection laws, neither PINO’S DOLCE VITA nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:

(a) to you or anyone else for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused (including by negligence, breach of contract or tort) and which is suffered directly or indirectly in connection with your use of this Website;

(b) for disruptions to this Website; and

(c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

7.2 For claims that cannot be excluded or restricted under consumer protection laws, the liability of PINO’S DOLCE VITA for such a claim will (at PINO’S DOLCE VITA’s option and to the extent permitted by law) be limited to:

(a) in the case of goods: (i) replacing those goods; or (ii) paying the cost of having those goods replaced; and

(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.

8. INDEMNITY

You will at all times indemnify, and keep indemnified, PINO’S DOLCE VITA and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by PINO’S DOLCE VITA arising from any claim, demand, suit, action or proceeding by any person against you or PINO’S DOLCE VITA where such loss or liability arose out of, in connection with or in respect of your use of the Website, your conduct and/or your breach of these Terms & Conditions of Use.

9. PRIVACY

This policy covers how we use your personal information. We take your privacy seriously and will take all measures to protect your personal information.

9.1 Use of personal information

We will not sell or disclose your personal information for any form of payment. Relevant personal information may be shared with third-parties only if this is necessary for the completion of services we undertake for you (e.g. delivery company).

Any personal information received via our website will only be used to fulfil your order. We will not sell or redistribute your information to anyone.

When you make enquiries through our website (via our Contact Us form) we ask for your details. This is only for the purpose of responding to your enquiries.

9.2 Storage of personal information

Wherever personal information that you choose to share with us is stored we will take reasonable and appropriate steps to protect it from unauthorised access or disclosure.

9.3 Transit of information

We cannot be responsible for the security of any information you may supply over the internet while such information is in transit.

9.4 In the event PINO’S DOLCE VITA business or company is sold to a third party, you grant PINO’S DOLCE VITA the right to transfer the personal information and other data and rights that PINO’S DOLCE VITA has collected from you to that third party, and PINO’S DOLCE VITA will not be required to obtain your prior consent or approval or to notify you of such a transfer.

10. WEBSITE INFORMATION

10.1 Any information and content that is published on the Website is owned or controlled by PINO’S DOLCE VITA and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes but no modification or future reproduction of the content is permitted. The content may otherwise not be copied or used in any way. In relation to the information on the Website PINO’S DOLCE VITA takes all reasonable steps to:

(a) include up-to-date and accurate information but makes no representations, warranties, or assurances as to the accuracy, currency, comprehensiveness or completeness of the information provided; and

(b) to ensure information relating to goods and services is accurate and without errors. 
however, on occasion, a third party will provide PINO’S DOLCE VITA with inaccurate information, consequently, you agree that PINO’S DOLCE VITA will not be held liable for the publication on the Website of any inaccuracies or errors in information relating to goods and services that it has received from third parties.

10.2 PINO’S DOLCE VITA will not be liable for any damages or injury resulting from your access to, or inability to access, this Website, or from your reliance on any information provided at this Website. No goods or services may be ordered nor will they be supplied other than to residents of Australia and within Australia.

10.3 You agree that you are responsible for:

(a) making your own reasonable enquiries to verify information that is published on the Website about particular goods and services; and

(b) assessing the suitability of goods and services prior to you placing an order relating to those goods or services.

11. LINKS TO THIRD PARTY WEBSITES

Links to third-party websites are provided on the Website for convenience only. By clicking on a third-party link, you will leave the Website. PINO’S DOLCE VITA does not endorse nor support the content of third-party links, and is not responsible for the content of a third-party website. PINO’S DOLCE VITA will not be liable for any damages or injury arising from any third party website content or otherwise from any third party website. Privacy and security policies on third-party websites may differ from those practiced by PINO’S DOLCE VITA. You should review the privacy policies and other terms of use of those third party websites to learn more about, what, why and how they collect and use any personally identifiable information.

12. GENERAL TERMS

12.1 Nothing in these Terms & Conditions of Use creates a partnership, employment relationship or agency relationship between you and PINO’S DOLCE VITA.

12.2 PINO’S DOLCE VITA will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside PINO’S DOLCE VITA’s control which is not due to any lack of reasonable prudence or foresight.

12.3 Any provision of these Terms & Conditions of Use which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions of Use read in full force and effect.

12.4 PINO’S DOLCE VITA’s failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of its right to enforce such provision.

12.5 These Terms & Conditions of Use are to be interpreted in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

B. USER AGREEMENT GOVERNING PINO’S DOLCE VITA ORDERS FOR ITS GOODS AND SERVICES

1. PLACING ORDERS

1.1 PINO’S DOLCE VITA provides its Account-holders with opportunities to purchase goods and/or services at specified rates and on these terms and conditions. Where any additional terms are specified on the Website in the description of a particular offer, those terms will apply to that offer in addition to these Terms & Conditions.

1.2 Once you have placed your order you will receive a confirmation of your order (whether by email or via your Account) and your credit card will be charged for the purchase price of the order.

1.3 An order may take the form of physical products being delivered to you and services provided directly to you (such as delivery services).

1.4 You must ensure that you provide to PINO’S DOLCE VITA all such accurate and up-to-date email, postal address and other contact details as PINO’S DOLCE VITA requests, and that you promptly notify PINO’S DOLCE VITA if any of these details have changed.

1.5 PINO’S DOLCE VITA is not liable or responsible for any loss suffered as a result of an order not being received by you due to:

(a) inaccurate information provided by you to PINO’S DOLCE VITA;

(b) our delivery service providers being unable to access or drop off the order at the specified address;

(c) an email being blocked by a firewall or filter installed on your computer; or

(d) where you have registered an incorrect email address, address or other contact information.

2. PRICES AND PAYMENT

2.1 All prices are in listed Australian Dollars. All prices are subject to change. All prices displayed on this Website are only valid online at the time shown.

2.2 PINO’S DOLCE VITA accepts payment by Visa Card and Master Card.

2.3 Provision of credit card information as payment for the product/s constitutes an agreement for your purchase of the selected product(s) and/or service(s).

2.4 You must not pay or attempt to pay for product(s) and/or service(s) using fraudulent credit card information.

2.5 PINO’S DOLCE VITA attempts to accurately present the availability of stock and/or availability to place an order in a specific delivery window; however stock availability and/or delivery capacity availability constantly varies and is only valid at the time shown.

2.6 In the event that an ordered item isn't available or we are unable to fulfil your order we may attempt to arrange an alternative item, an alternate delivery window or will provide a full refund.

3. CANCELLATIONS

3.1 Generally, once you have made an order to purchase products on the Website, you cannot cancel that order. If, after an order has been submitted, you want to cancel or amend an order, we will use reasonable endeavours to cancel or amend that Order in accordance with your instructions, provided that the order has not yet commenced being processed. However, you may be charged the full purchase price if that Order has commenced being processed.

3.2 PINO’S DOLCE VITA also reserves the right to cancel your order if:

(a) you provide an unauthorised credit card;

(b) we are unable to process payment on the credit card or other payment details provided;

(c) you provide invalid personal details;

(d) if, when required, you cannot provide acceptable proof of identity;
(e) if, for any reason, we don’t reasonably believe we can successfully complete delivery.
PINO’S DOLCE VITA will attempt to notify you before cancelling your order.

4. DELIVERY OF ORDERS

4.1 PINO’S DOLCE VITA accepts no liability or responsibility for our products if they are not properly refrigerated by the end time of the delivery window in which it was delivered. For example, if the delivery window is 12pm – 5pm, it is your responsibility to refrigerate your order by 5pm on that day of delivery.

4.2 For standard deliveries in the specified Delivery Area, PINO’S DOLCE VITA delivers in the Delivery Zone in accordance with the specified delivery schedule using refrigerated trucks with products packaged in insulated boxes designed to keep maintain the proper temperatures for up to 5.5 hours from delivery.

4.3 If you are not available when the courier delivers your order to the delivery address specified by you, your order will be dropped off at that address. If there is no safe place for the products to be left upon delivery or the specified address cannot be accessed, then the products will be returned to our warehouse and an alternative delivery time will be arranged. This will incur additional delivery costs payable by you.

4.4 If there is no safe place for the products to be left upon delivery or the specified address cannot be accessed the courier may use your contact details to contact you in relation to your delivery.

4.5 Delivery outside of the Delivery Area may be arranged and, if available, will be subject to additional delivery fees.

4.6 In the event a delivered order is stolen or otherwise unlawfully removed or damaged after delivery, then PINO’S DOLCE VITA accepts no liability or responsibility for that event occurring.

5. DELIVERY AREA

Delivery Areas change periodically, and may vary at certain times of the year (e.g. Christmas). For a current list of delivery postcodes see: 

6. RISK AND TITLE

6.1 The risk of loss of goods shall be passed to you upon our delivery of the order to the delivery address nominated on the relevant order form. You authorise for each order you purchase from PINO’S DOLCE VITA to be left at your specified address and your order will have been taken to be delivered when it is dropped off at that address. PINO’S DOLCE VITA will not be held responsible for any loss, damage or liability as a result of this authority.

6.2 Title in the order (including the products comprising the order) passes to the purchaser on the later of the date that:

(a) payment in cleared funds for the products the subject of the order are received into the bank account of DOLCE VITA; and

(b) at the time when the courier delivers the order to the specified address or in the event alternate delivery arrangements are made where the purchaser collects the order, at the time the purchaser takes possession of the order.

7. LIMITATION OF LIABILITY

7.1 The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms & Conditions can exclude or restrict the application of such laws but, to the extent that it can under these laws, PINO’S DOLCE VITA does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to the goods and services that are offered, outside these consumer laws. Subject to claims available under Australian consumer protection laws, neither PINO’S DOLCE VITA nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with the goods and services that are the subject of an Order.

7.2 For any claims relating to the goods and services that are the subject of an Order that cannot be excluded or restricted under Australian consumer protection laws:

(a) you will be entitled to a full refund or replacement Order if there is a major failure by PINO’S DOLCE VITA to comply with the Consumer Guarantees under the Australian consumer laws; and

(b) for minor failures by PINO’S DOLCE VITA to comply with the Consumer Guarantees under these laws, the liability of PINO’S DOLCE VITA for any applicable claim will (at PINO’S DOLCE VITA’s discretion and to the maximum extent permitted by law) be limited to:

i. in the case of goods: (A) replacing those goods; or (B) paying the cost of having those goods replaced; and

ii. if the breach relates to services: (A) resupplying those or equivalent services; or (B) paying the cost of having those services resupplied.

7.3 PINO’S DOLCE VITA, including our partners, directors, officers, shareholders, related bodies corporate (as that term is defined in the Corporations Act 2001), employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it including, without limitation, loss or damage suffered as a result of negligence.

8. INDEMNITY

You will at all times indemnify, and keep indemnified, PINO’S DOLCE VITA and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by PINO’S DOLCE VITA arising from any claim, demand, suit, action or proceeding by any person against you or PINO’S DOLCE VITA where such loss or liability arose out of, in connection with or in respect of your conduct or breach of any Specific Terms or other term or condition relating to an offer (as specified in these Terms & Conditions of Use.

9. LAW

These Terms and Conditions governing the Use of the Website and for the placing of orders for PINO’S DOLCE VITA goods and/or services are to be interpreted in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. Any dispute arising out of your use of the Website, or the products or services purchased on it, will be subject to the exclusive courts of that jurisdiction.