Policy and Information Hub

Website Terms and Conditions

1. About the Website

   1. Welcome to www.corkimports.com.au (Website). The Website provides you with an opportunity to browse our collection and to purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

   2. The Website is operated by Cork Imports Australia (ABN 31 673 186 957) (Cork Imports Australia, us, we). Access to and use of the Website, or any of its associated Products or Services, is provided by Cork Imports Australia. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the 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 our Services, immediately.

   3. Cork Imports Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. 

   4. You may contact us in writing with any questions about the Website or Terms:
      
      Cork Imports Australia
      Unit 1, 225 Queensport Rd Nth,
      Murarrie QLD 4172
      sales@corkimports.com.au
       

2. Acceptance of the Terms
   You accept the Terms by remaining on the Website.
    

3. Registration to use the Purchase Services

   1. You must provide personal information and/or register as a user of the Website to access the Purchase Services. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

      1. Name

      2. Email address

      3. Mailing address

      4. Billing address

      5. Telephone number

      6. Password

   2. You warrant that any information you give to Cork Imports Australia in the course of completing the registration process will always be accurate, correct and up to date.

   3. Once you have made a Purchase or registered as website user, you will be a member of the Website (Member) and agree to be bound by the Terms. 

   4. You may not use the Purchase Services and may not accept the Terms if:

      1. you are not of legal age to form a binding contract with Cork Imports Australia; or

      2. 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.
          

4. Your obligations as a Member

   1. As a Member, you agree to comply with the following:

      1. You will use the Purchase Services only for purposes that are permitted by:

         1. the Terms;

         2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

      2. you have the responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

      3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Cork Imports Australia of any unauthorised use of your password or email address or any breach of security of which you have become aware;

      4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Cork Imports Australia providing the Purchase Services;

      5. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

      6. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited;

      7. you will not attempt to reverse engineer, decompile, or disassemble any part of the Website or Purchase Services, or attempt to derive the source code or underlying ideas or algorithms of any part of the Website or Purchase Services;

      8. you will not use any data mining, robots, scraping, or similar automated data gathering or extraction methods to access or collect data from the Website or Purchase Services, or interfere with the security or functionality of the Website including but not limited to denial-of-service attacks, flooding, or other malicious activities;

      9. you will not download, copy, reproduce, distribute, modify, or create derivative works from any content, images, text, or materials on the Website without express written permission from Cork Imports Australia and, where applicable, any copyright holders.  Any unauthorised use of Website content may result in immediate termination of Purchase Services and legal action from Cork Imports Australia or copyright holders.
          

5. Purchase of Products through Website

   1. In using the Purchase Services to purchase Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).

   2. Payment of the Purchase Price may be made through Stripe or PayPal (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

   3. Following payment of the Purchase Price being confirmed by Cork Imports Australia, you will be issued with a receipt to confirm that the payment has been received and Cork Imports Australia will keep a record of your purchase details.
       

6. Shipping and Delivery

   1. You acknowledge that the Purchase Services offered by Cork Imports Australia integrate delivery (Delivery Services) through the use of third-party delivery companies (Delivery Service Providers).  Your personal details will be provided to Delivery Service Providers to facilitate delivery.

   2. It is the buyer's responsibility to ensure the accuracy of their contact details. If a buyer suspects an error, they must contact Cork Imports Australia promptly.  If feasible, we will make necessary corrections before posting the Product.

   3. Free domestic shipping across Australia is available for Products purchased through the Website.  Products are usually dispatched within 2 business days from our warehouse in Murarrie, QLD.

   4. Products are usually sent with standard shipping by Australia Post, please refer to Australia Post’s website for the most up to date information on shipping times.

   5. Other shipping options may be available for an additional charge, please contact us for a quote before making a purchase.

   6. In the event that an item is lost or damaged in the course of the Delivery Services, Cork Imports Australia asks that you contact us with details of the issue so we can investigate. In some circumstances you may be required to contact the Delivery Service Provider directly to request a refund or to claim on any insurance options, if applicable.
       

7. Refunds

   1. At Cork Imports Australia we are committed to the quality of our Products and value customer satisfaction. Where you believe a Product is faulty or defective, please refer to our Warranty section for assistance.

   2. Refunds for change of mind are not provided; however, we encourage you to contact us to discuss your specific situation. Your satisfaction with our Products is important to us.
      In some circumstances, Cork Imports Australia may, at their sole discretion, provide a refund or credit on the return of the Products where there has been a change of mind, provided the product was dispatched within the last 6-months, is unopened and/or unused, has been stored properly, and remains in a saleable condition.  A restock fee of 30% will apply and you acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

   3. Any refunds will be made on the original payment method.

   4. Notwithstanding the above refund policy, our Products come with guarantees that cannot be excluded under the Australian Consumer Law. Please contact us with any further queries.
       

8. Warranty

   1. Where you believe a Product is faulty or defective, contact us to discuss a remedy. We are committed to the quality of our Products and customer satisfaction is important to us.

   2. Warranty information and conditions for Products sold by Cork Imports Australia vary.  Contact us for a specific Product warranty (Warranty).

   3. Cork Imports Australia’s Products come with guarantees that cannot be excluded under the Australian Consumer Law.
       

9. Copyright and Intellectual Property

   1. The Website, the Purchase Services and all of the related products of Cork Imports Australia are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned, licensed, or controlled for these purposes, and are reserved by Cork Imports Australia or its contributors. 

   2. Cork Imports Australia retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

      1. the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Cork Imports Australia; or

      2. the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or

      3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

   3. You may not, without the prior written permission of Cork Imports Australia and the permission of any other relevant copyrights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

   4. You agree to promptly notify us of any actual or suspected infringement of Cork Imports Australia's intellectual property rights that comes to your attention. In the event of any unauthorised use of Cork Imports Australia's intellectual property, we reserve the right to seek all available legal and equitable remedies, including injunctive relief.

   5. All photographs, images, graphics, videos, and visual content ("Visual Content") displayed on the Website are protected by copyright and other intellectual property rights. Users may not download, reproduce, distribute, modify, or create derivative works from any Visual Content without express written permission from Cork Imports Australia and any copyright holders. Where Visual Content includes attribution requirements or specific licensing terms, users must strictly comply with such requirements and terms. Cork Imports Australia reserves the right to revoke access to Visual Content at any time and to require immediate removal of any Visual Content used in violation of these terms.

   6. In the event of any intellectual property infringement, Cork Imports Australia shall be entitled to:

      1. immediate injunctive relief without the need to prove special damages; 

      2. appropriate liquidated damages per infringement instance; 

      3. recovery of all legal costs and expenses on an indemnity basis; and 

      4. require immediate removal of any infringing content and public retraction where applicable. 
         Any unauthorised use may also result in criminal prosecution where permitted by law.
          

10. General Disclaimer

    1. Although every effort has been made to ensure the accuracy of information and published materials on the Website, Cork Imports Australia disclaims potential product changes and information errors, and does not make any representations or give any warranties about accuracy, reliability, completeness or suitability of our Products for any particular purpose.

    2. While Cork Imports Australia will make every effort to ensure a Product is accurately depicted on the Website, due to differences in screen colour displays and natural variations in cork, Product images displayed on the Website are for illustrative purposes only. You acknowledge that sizes, colours, patterns, and packaging of the actual product you receive may differ from what is displayed on the Website.  Please refer to our note on Variations in Cork or contact us with any questions.

    3. Cork Imports Australia reserves the right to make changes to its marketing and branding, including but not limited to changes to logos, packaging and product names. Such changes will not impact the quality, specifications, or nature of the Product you receive, and Products will be supplied as per the specifications of your order.

    4. Use of the Website, the Purchase Services, and any of the Products of Cork Imports Australia (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Cork Imports Australia, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. 
       None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of Cork Imports Australia, including any third-party, make any express or implied representation or warranty about its Content or any Products or Purchase Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

       1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records; 

       2. the accuracy, completeness, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third-party material and advertisements on the Website);

       3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

       4. the Content or operation in respect to links which are provided for your convenience;

       5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

       6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

       7. any loss or damage resulting from your failure to comply with security recommendations, system requirements, or recommended updates, or any compromise of your account credentials or data security due to your actions or omissions.
           

11. Limitation of Liability

    1. Cork Imports Australia’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Cork Imports Australia is the resupply of information or Purchase Services to you.

    2. You expressly understand and agree that Cork Imports Australia, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    3. Cork Imports Australia is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Cork Imports Australia, by third-parties or by any of the Purchase Services offered by Cork Imports Australia.

    4. Notwithstanding any other provision of these Terms, Cork Imports Australia shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Website or the Purchase Services, including but not limited to damages for loss of profits, use, data or other intangibles, even if has been advised of the possibility of such damages.

    5. You acknowledge that Cork Imports Australia does not provide the Delivery Services to you and you agree that Cork Imports Australia will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

    6. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, our liability for any breach of a non-excludable guarantee is limited, at our option, to:

       1. in the case of goods, replacement of the goods or supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or payment of the cost of having the goods repaired; or 

       2. in the case of services, supplying the services again or payment of the cost of having the services supplied again.

    7. Where you believe you may have a claim under these Terms or the Australian Consumer Law, you must notify Cork Imports Australia in writing within 7 days of the issue arising, providing all relevant details and supporting documentation. Any claim not notified within this timeframe may be rejected unless you can demonstrate that the delay was reasonable in the circumstances. This notification requirement does not limit your rights under any non-excludable consumer guarantee under the Australian Consumer Law.
        

12. Termination of Contract

    1. The Terms will continue to apply until terminated by either you or by Cork Imports Australia as set out below.

    2. If you want to terminate the Terms, you may do so by:

       1. notifying Cork Imports Australia at any time; and

       2. closing your accounts for all of the Purchase Services which you use, where Cork Imports Australia has made this option available to you.

    3. Your notice should be sent, in writing, to Cork Imports Australia via the 'Contact Us' link on our homepage or through email at sales@corkimports.com.au
       Cork Imports Australia may at any time, terminate the Terms with you if:

       1. you have breached any provision of the Terms or intend to breach any provision;

       2. Cork Imports Australia is required to do so by law;

       3. the partner with whom Cork Imports Australia offered the Purchase Services to you has terminated its relationship with Cork Imports Australia or ceased to offer the Purchase Services to you;

       4. Cork Imports Australia is transitioning to no longer providing the Purchase Services to Members in the country in which you are resident or from which you use the service; or

       5. the provision of the Purchase Services to you by Cork Imports Australia is, in the opinion of Cork Imports Australia, no longer commercially viable.

    4. Subject to local applicable laws, Cork Imports Australia reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Cork Imports Australia‘s name or reputation or violates the rights of those of another party.

    5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Cork Imports Australia have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. 
        

13. Indemnity

    1. You agree to indemnify Cork Imports Australia, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

       1. 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 post through the Website; 

       2. 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; 

       3. and/or any breach of the Terms.
           

14. Dispute Resolution

    1. Compulsory
       If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

    2. Notice
       A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

    3. Resolution
       On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

       1. within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

       2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either:

          1. agree upon selection of a mediator, or 

          2. if both Parties agree, commence with Tribunal or Court proceedings.

    4. Where Parties choose Mediation

       1. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

       2. The mediation will be held in Brisbane, Queensland, Australia.

       3. If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

    5. Where Parties choose Tribunal or Court Proceedings

       1. The Parties agree to the terms and conditions in sections 15.Venue and Jurisdiction and 16. Governing Law. 

    6. Confidential
       All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
        

15. Venue and Jurisdiction

    1. The Purchase Services offered by Cork Imports Australia are intended to be used by residents of Australia. 

    2. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Brisbane, Queensland, Australia. 

    3. You agree to submit to the jurisdiction of courts situated in Brisbane, Queensland, Australia and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not assert, in any legal action or proceeding involving Cork Imports Australia, that a court sitting in Brisbane, Queensland, Australia is an inconvenient forum for such legal action or proceeding.
        

16. Governing Law
    The Terms are governed by the laws of Queensland, Australia. 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 Queensland 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.
     

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

18. Data Collection and Use
    We collect and process your personal information including but not limited to your name, contact details, and payment information to fulfil your orders and improve our services. You have the right to access, correct, or request deletion of your personal information by contacting us through the methods outlined in our Privacy Policy.
    We comply with the Australian Privacy Principles under the Privacy Act 1988 in handling your personal information.
     

19. Effective date
    This policy is effective from December 2024