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Feed the Fire

In these terms and conditions, “we” “us” and “our” refers to The Bursting Bean Pty Ltd trading as ILUMA Fine Foods.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.  The information is intended for residents of Australia only.

Feed the Fire

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Retail order users

Product Descriptions

1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Retail Product Orders

3. Our retail products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

4. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

5. All retail prices are in Australian Dollars (AUD) and are inclusive of GST. Our retail price list can be accessed from Our Range page and we reserve the right to amend our prices at any time.

6. All retail orders placed through our website, must be paid in full prior to us accepting your order. In the event that we are unable to fulfil your order for any reason, we undertake to accept or reject your order within 2 days and refund your payment to the credit card used within 5 business days (subject to bank processing times which are outside of our control). We will endeavour to notify of the reason for rejecting your order as soon as possible; however, we are not required to give reasons for rejecting your offer to purchase; however, the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

7. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

8. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

Supply and Delivery

9. We supply and deliver our retail products to customers within the Perth metropolitan area and surrounds only. We are currently only accepting orders for delivery. Our ILUMA HQ is currently undergoing a transformation and will be ready for in-store purchases and on-line order collection soon. We plan to deliver to the Eastern States in due course, please subscribe to our e-newsletter for updates on our delivery areas.

10. Our retail prices currently include free delivery for orders within the following suburbs:
Perth CBD, Northbridge, West Perth, Subiaco, Daglish, Jolimont, Leederville, West Leederville, Wembley, Floreat, City Beach, Claremont, Cottesloe.

Whilst we will endeavour to deliver on your preferred day, we reserve the right to allocate set delivery days for particular suburbs. We will contact you within one day of placing your order to confirm delivery. Delivery will occur within 2 business days of us accepting your order; however, in the event that your item is out of stock or unavailable due to other circumstances outside of our control, we reserve the right to cancel your order and refund you the monies paid if we are unable to fulfil your request within the above time period or alternatively, arrange another delivery date.

11. Delivery is an additional charge for suburbs other than those listed above. Please contact us if you wish to have products delivered outside of these areas.

12. All risk of loss or damage to the product passes to you when you accept delivery of the goods from our delivery service.

Order Cancellation Due To Error

13. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Returns

14. We undertake to reimburse you for any product delivered to you that is in a damaged condition. If you wish to return a damaged product, you must notify us through our designated “contact us” webpage. In order to obtain a refund, you must notify us of the damage or fault upon receipt of the product and return the damaged items.

15. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you for the amount initially debited for the purchase including delivery charges.

Registered Wholesale Users

1. In order to access the wholesale services provided on this website, you must become a registered user.  You must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

3. We reserve the right to terminate your registration at any time if you breach these terms and conditions.

4. Our services are intended to be used by registered users within Australia only.

Our Website Services

5. All prices are in Australian Dollars (AUD) and are exclusive of GST.  We endeavour to ensure that our price list is current.  Once your wholesale application has approved, we will provide you with access to our wholesale price list and we reserve the right to amend our prices at any time.  If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Product Descriptions

6. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission.

7. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders, Payment and Delivery

8. Our wholesale products are for sale to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

9. We supply and deliver our products to customers within Western Australia only.

10. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

11. All prices are in Australian Dollars (AUD) and are exclusive of GST.  We reserve the right to amend our prices at any time.

12. Free delivery is offered for a minimum order quantity stated on our wholesale price list. Please contact us for delivery charges for smaller quantities. Please contact us for delivery days for your delivery zone. All deliveries are made between 7.00am and 5pm Monday to Friday. 

13. Public Holidays: Please note that we are closed on public holidays.  We are able to make additional deliveries to wholesalers, outside of normal delivery days to ensure you have adequate stock levels during these days.

14. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details if you choose to pay via our website.  We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

15. We undertake to accept or reject your order within 2 days.  We will endeavour to notify of the reason for rejecting your order as soon as possible.

16. Once you have submitted an order, you may not cancel that order once your offer to purchase has been accepted.

17. We will extend 7 day payment terms to approved wholesale customers; whereby invoices must be paid via direct deposit to our nominated bank account or paid by credit card on our website. In the event, the account is not paid by or on the due date, we reserve the right to cancel your wholesale account without further notification.

18. All risk of loss or damage to the product passes to you when you accept delivery of the goods from our delivery service or upon collection from our store. If you choose not to use our delivery service, all risk of loss or damage to the product passes to you upon despatch of the product.

Order Cancellation Due To Error

19. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction.  Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Returns

20. We undertake to reimburse you for any product delivered to you in an defective or damaged state. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage.

21. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you for the amount initially debited for the purchase including packaging and postage charges.

Site Access

22. When you visit our website, we give you a limited licence to access and use our information for personal use.

23. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.

24. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

25. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

26. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

27. You may link our website with our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

28. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

29. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

30. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

31. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

32. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Indemnity

33. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

34. If a Force Majeure event causing delay continues for more than 7 days, we may terminate this Agreement by giving at least 2 days Notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

35. These terms and conditions are to be governed by and construed in accordance with the laws of Western Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those Courts.

36. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

37. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

38. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

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“I realized very early the power of food to evoke memory, to bring people together, to transport you to other places, and I wanted to be a part of that.”