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Krispy Kreme Click & Collect Terms and Conditions of Purchase

1. Important Notice

In addition to the Terms and Conditions of Account (https://www.7eleven.com.au/terms-and-conditions.html), these Purchase Terms and Conditions constitute a legally binding contract between the customer (“you”) and Eleven Stores Pty Ltd. (ABN: 48 005 299 427) (7-Eleven, we, us, our)  and apply to the ordering, purchase and fulfilment of Krispy Kreme products (“Products”) from 7-Eleven. By placing an order for Products from 7-Eleven you agree to these Purchase Terms and Conditions.  Each accepted order is a separate agreement.

1.1  Please read this Agreement carefully. In purchasing any Products you are agreeing to the terms and conditions of this Agreement.

1.2  We may change this Agreement at any time without notice. The most current version of this Agreement will be published on our website at https://www.7eleven.com.au/. Use of our website or purchase of any Products after a change has been made to the Agreement and after you have been made aware of the change will be deemed an acceptance of the change.

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

2. Definitions

2.1  In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

2.1.1  "Acceptable ID" means Australian driver licence, Victorian learner permit, Proof of age card, Keypass card, Australian or foreign passport. No other form of identification will be accepted.

2.1.3  "Collection Window" means the time for collection of the Order selected by you when placing an Order;

2.1.6  "Order" means an online order by you to purchase the Products the subject of an online shopping cart.

2.1.7  "Order Price" means, in respect of each Order, the total of the Product Price of the Products that you wish to purchase in the Order.

2.1.8  "Product Price" means, in respect of each unit of Product purchased, the per unit purchase price of the Products as shown on the Website.

2.1.9  "Website" means https://www.7eleven.com.au/

3. Use of the Click & Collect service

3.1  Compliance with laws: We reserve the right to decline or cancel any Order by you if we reasonably believe that such Order, or the fulfillment of the Order by us, is or may be in breach of any applicable laws and regulations.

4. Customer checkout process

4.1  Customer Details: You will not need to create an account to place an Order, instead you can place an Order via the “Guest Checkout’ function. However as part of the Guest Checkout process you must provide certain information. Information provided by you must be accurate and complete. You must inform 7-Eleven if there's a change to your details.  You will need to supply us with your name, address, email address, contact details and possibly some other personal information. See our Privacy Policy for more details about this. A failure by you to provide correct and/or accurate personal information to us, or the provision by you of false or misleading information is a breach of this Agreement.

If you do not provide your information to 7-Eleven, then you will not be able to complete your purchase transaction.  By completing the checkout process. you consent to 7-Eleven collecting, storing, using and disclosing your personal information for purpose of processing and fulfilling your order, in the manner described in 7-Eleven’s privacy policy at https://www.7eleven.com.au/privacy-policy.  You can also refer to the privacy policy for information about the types of organisations to which 7-Eleven may disclose your personal information, and 7-Eleven’s sharing of personal information overseas.

You also consent to 7-Eleven collecting and storing the same personal information. Please refer to 7-Eleven’s privacy policy at https://www.7eleven.com.au/privacy-policy.

5. Ordering and Purchase of Products

5.1  Ordering process: You can order Products through the Website by adding those Products to your online shopping cart and then click “Checkout”. When you click the "Confirm Order" button, you make a commitment to purchase and pay for the Products in your online shopping cart.  We order the Products from our supplier once you place your Order, so your Order will not be available for collection for least 72 hours/days from the time you place the Order.

5.2  Prices: The Product Price may change over time and we do not provide any notice of these changes subject to these terms. When you place an Order, you agree to purchase the Products from us at the Product Price shown.

5.3  Payment: Our Website accepts payment from various payment methods. The eligible payment methods are shown to you at the checkout of the Website. We will take payment of the Order Price from your nominated payment method when you submit your Order. You authorise us to debit the amount payable from your nominated payment option, and you understand that you may be charged the full Order Price before you receive the items. You must ensure that you have sufficient funds available for payment. If we are not able to process your payment, then we will not be able to confirm your Order.

5.4  Pre-authorisation: For some payments (including debit and credit cards) we may pre-authorise the amount payable for your Order and then charge you the full amount within 72 hours of you placing the Order. You authorise us to pre-authorise the amount that is payable for an accepted Order from your nominated debit or credit card. If 7-Eleven is unable to successfully process the pre-authorisation of payment for your Order, your Order will be cancelled.

5.5  Confirmation of Order: After we receive an Order from you and process your payment, we will endeavour to email you to confirm the status of your Order as soon as reasonably possible. However, as noted in clause 3, we may decline your Order in certain circumstances.

5.6  Availability of stock: Confirmation of your Order does not guarantee the availability of all Products in your Order. If any your selection is not available, then we will make all reasonable efforts to contact you to discuss your options, including to remove those items from your Order, substitute them with other items or cancel your Offer entirely. Your Order will be on hold until you have responded and made your election. If you cancel part of your Order (ie some of the Products you have Ordered are not available), we will issue a full refund for the Produce Price of those Products, and if you cancel the entire Order (ie all of the Products are unavailable).

5.7  Selected States and stores only: Click & Collect orders are available from selected 7-Eleven stores only.  A current list of stores is set out here. You should not place an Order unless one of these stores is convenient for you as you can only collect your Order from the store you selected when placing the Order.

Please note we are only able to accept Orders from the following States, and from the dates specified:

  • Western Australia: from 28 September 2020; and
  • Victoria, New South Wales and Queensland: from 5 October 2020.

5.8  Charge backs and disputes: Please contact us in relation to any charge backs or disputes that you may have.  You can contact us on 1800 247 711, quoting your Order number.

5.9  Goods and Services Tax: The Order Price for each Order is inclusive of any GST.

5.10  Fraudulent transactions: We reserve the right to investigate or place a stop on any transaction, Order or account if we reasonably suspect that a fraudulent activity or a breach of this Agreement has occurred.

6. Delivery and collection of Products

6.1  For each confirmed Order, subject to availability of stock, we will deliver the Products to the store nominated by you when you place your Order. We will use our reasonable endeavours to deliver the Products to the store nominated by the time and date selected by you, but we do not guarantee that delivery will be within that time frame.

6.2  Acceptable ID:  Acceptable Identification must be provided when you collect your Order. If you will not be the person collecting your Order then your representative must provide us with Acceptable Identification, and, where relevant, their age. You acknowledge that we may record the details of any identification provided in relation to collection of Products. 7-Eleven reserves the right to verify the identity of anyone placing or collecting an order which may include (but not limited to) requesting identification and/ or proof of purchase.

6.3  Orders which are not collected on the date of the nominated Collection Window will be considered cancelled by you and no longer available for collection after the expiry of that date.  You will not be entitled to a refund or credit for such Orders nor entitled to a replacement Order on a different date.

6.4  Legal title to the Products will transfer to you (i.e. the Products will become your personal property) when the Products are collected from the store.

7. Change or Cancellation of Orders Cancellation

7.1  Cancellation or Change Requested by you: If you wish to cancel or change your Order after it has been accepted by us, you must call us on 1800 247 711 to request the cancellation or change.

If you request a change or cancellation of an Order 72 hours or less before the nominated Collection Window, you are not entitled to a refund, and we  reserve the right to charge you for the Order (but may accept your request in our absolute discretion).   Requests to cancel or change an Order that are received more than 72 hours before the Collection Window will be accepted. If you are entitled to a refund this will be processed within 3-5 business days of your request.

7.1  Cancellation by Customer: If you need to cancel an Order after the Order is confirmed, please call 1800 247 711. Cancellation requests that are received less than 72 hours prior to the nominated collection time and date will be non-refundable and you will incur a charge for the Products.

7.2  Cancellation by 7-Eleven: We may cancel your order before collection in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your order are if:

  • Your order is unable to be fulfilled due to unavailability of the products you have ordered.
  • There was any error in the description of any of the goods in your Order or the price as advertised by us.
  • Suspected fraudulent activity.
  • Your order is in breach of this Agreement or any other relevant terms and conditions or is contrary to any law.

In the event that we need to cancel all or part of your Order we will endeavour to contact you as soon as possible, via one or more of your contact details supplied.

8. Refunds & Returns

8.1  Under the Australian Consumer Law, you are entitled to certain guarantees which cannot be excluded. If there is a major failure of the Product you have ordered, you will be entitled to a replacement or refund of the item. If the Product you ordered is damaged or not of acceptable quality, then you will also be eligible to a replacement product or a full refund, in accordance with the Australian Consumer Law. Nothing in this Agreement excludes or limits your rights under the Australian Consumer Law that cannot be lawfully excluded or limited.

8.2  As detailed in clause 7 above, no refunds are offered for change of mind once an Order is confirmed by us.  However, you can make a claim for a refund if:

  • You believe that Products we charged you for were not provided; or
  • There is a fault or defect with the Goods you have purchased; and
  • You notify 7-Eleven within a reasonable period of time.

8.3  If you are unsatisfied with the Products delivered or if the Products delivered are not as advertised and or a major problem is identified with the Product, please contact us on 1800 247 711 with details of the issue so we can investigate the complaint and issue any necessary refund.

9. Warranty Disclaimers

9.1  To the maximum extent permitted by law, 7-Eleven does not represent or warrant that any content or information accessible via the Website is accurate, complete, reliable, current or error-free including the Products Price, the Products description and the Products availability. Such information is subject to change without notice.

9.2  We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of same.

10. Suspension and Termination

10.1  We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement.

10.3  Our rights to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

11. Limitation of Liability

11.1  We exclude, in so far as it is legally possible (and subject to your statutory rights under the Australian Consumer Law) all liability and responsibility for damages including, but not limited to, indirect or consequential damages, or any damages whatsoever arising from:

11.1.1  the accuracy, completeness, fitness for purpose or legality of any Product or information accessed using the Krispy Kreme Click & Collect service, Website or otherwise;

11.1.2  the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;

11.1.3  your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility); and

11.1.4  the supply, delivery, use and consumption of the Products.

12. Privacy

Please see our Privacy Policy which is incorporated into and forms part of this Agreement. We may update the  Privacy Policy from time to time with the most current version located here.  You consent to 7-Eleven collecting, storing and using the information submitted in accordance with the Privacy Policy.

The Privacy Policy contains information about how you may request access to or correction of personal information about you that is held by 7-Eleven, how you may complain about privacy breach by 7-Eleven, and how 7-Eleven will deal with such a complaint.

16. Intellectual Property Rights

16.1  The names, images and logos identifying 7-Eleven, or third party supplier and their products and services, are proprietary marks and no use should be made unless with prior written consent.

16.2.  You acknowledge that no title or interest to 7-Eleven’s intellectual property rights is transferred to you and you agree to make no claim of interest in any of 7-Eleven’s intellectual property rights.

18. General

18.1  Currency: All prices are in Australian Dollars.

18.2  GST: Except where indicated otherwise, prices include GST.

18.3  No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

18.4  Entire agreement: This Agreement, the Terms and Conditions of Account (https://www.7eleven.com.au/terms-and-conditions.html) and our Privacy Policy https://www.7eleven.com.au/privacy-policy.html contain all the terms agreed between us and you regarding the Krispy Kreme Click & Collect service. The service is provided to you under our operating rules, policies, and procedures as published from time to time on our Website.

18.4  Third party rights: All provisions of this Agreement apply equally to and are for the benefit of us, our subsidiaries, its Related Entities, our holding company its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).

18.5  Survival: Provisions that are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement.

18.6  Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this Agreement shall not be affected.

18.10  Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of the State of Victoria and both parties hereby submit to the exclusive jurisdiction of the courts of the State of Victoria