AGB

Website Terms and Conditions

These Terms are between you and Strauss Australia Pty. Ltd (referred to as We, Our or Us).

Your Acceptance

These are the terms on which We permit Users (referred to as You or Your) to:

(a) access and use Our website at www.au.strauss.com (Website) including using the services and functionality made available through the Website;

(b) place an order for Products (Order) with Us;

(c) view and interact with any content, Information, communications, advice, text or other material provided by Us or Our Related Entities on the Website (Service Content); and

(d) communicate with Us.

You agree to be bound by these Terms when You use, place an Order for Products, browse or access any part of the Website.

The Website is subject to change at any time without notice and may contain errors. We may from time to time review and update these Terms including to take account of new Laws, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, You agree to be bound by the most recent Terms.

1. Definitions and Interpretation

1.1 Definitions

ACL means Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Sydney, New South Wales.

Claim includes a claim, notice, demand, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award or loss, whether based in contract, civil, common law, tort (including negligence) or statute and whether involving a Party, Third Party or otherwise.

Confidential Information means:

(a) Information that at the time of disclosure by a Disclosing Party is identified to the Receiving Party as being confidential; and

(b) all other Information belonging or relating to a Disclosing Party, or any Related Entity of that Disclosing Party, that is not generally available to the public at the time of disclosure other than by reason of a breach of these Terms or which the Receiving Party knows, or ought reasonably to be expected to know, is confidential to that Disclosing Party or any Related Entity of that Disclosing Party.

Disclosing Party means the Party to whom Information belongs or relates.

Government Agency means any government or any public, statutory, governmental (including a local government), semi-governmental or judicial body, entity, department or authority and includes any self-regulatory organisation established under statute in the relevant jurisdiction.

Information means any information, whether oral, graphic, electronic, written or in any other form, including:

(a) forms, memoranda, letters, specifications, processes, procedures, statements, formulae, technology, inventions, trade secrets, research and development information, know-how, designs, plans, photographs, microfiche, business records, notes, accounting procedures or financial information, sales and marketing information, names and details of customers, suppliers and agents, employee details, reports, drawings and data;

(a) copies and extracts made of or from that information and data, whether translated from the original form, recompiled, partially copied, modified, updated or otherwise altered; and

(b) samples or specimens disclosed by either Party.

Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:

(a) patents, inventions, designs, copyright, trade marks, brand names, product names, domain names, database rights, rights in circuit layouts, plant breeder's rights, know how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;

(b) any application or right to apply for registration of any of these rights;

(d) all renewals, divisions and extensions of these rights.

Law means:

(a) principles of law or equity established by decisions of courts;

(b) statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency; and

(c) requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that has the force of law.

Loss means any loss, damage, cost or expense.

Party means You or Us.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form, electronic form or otherwise, about an identified individual or an individual who is reasonably identifiable, and includes anything that is defined as personal information or as sensitive information in the relevant Privacy Laws.

Privacy Law means any applicable Law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi-governmental body which relates to privacy or health information, including without limitation the Privacy Act 1988 (Cth) and the Australian Privacy Principles under that Act, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), and any Australian (including State or Territory) legislation from time to time in force which relates to or affects privacy rights or Personal Information.

Receiving Party means the Party to whom Information is disclosed or who possesses or otherwise acquires Information belonging or relating to a Disclosing Party.

Related Entity has the meaning given to that term in the Corporations Act 2001 (Cth).

Services means the Website and any functionality made available through it from time to time, including but not limited to, customer accounts, wishlists, newsletter subscriptions, customer support services, promotional activities, loyalty or rewards programs, e-commerce services, payment processing and product purchasing functionality.

Terms means these agreed terms.

Third Party means any party other than Us or You.

User means any person who access and uses the Website or Service Content.

1.2 Interpretation

In these Terms, unless the context requires otherwise:

(a) the singular includes the plural and vice versa;

(b) a gender includes the other genders;

(d) other grammatical forms of defined words or expressions have corresponding meanings;

(e) a reference to a document includes the document as modified from time to time and any document replacing it;

(f) a reference to a party is to a party to these Terms and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;

(g) if something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day;

(h) the word "person" includes a natural person, partnership, body corporate, association, governmental or local authority, agency and any other body or entity whether incorporated or not;

(i) the word "month" means calendar month and the word "year" means 12 months;

(j) the words "in writing" include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient;

(k) a reference to a thing includes a part of that thing;

(l) a reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-enacted or replaced from time to time;

(m) wherever "include", "for example" or any form of those words or similar expressions is used, it must be construed as if it were followed by "(without being limited to)";

(n) money amounts are stated in Australian currency unless otherwise specified;

(o) a reference to time is to Sydney, Australia time;

(p) a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body that performs most closely the functions of the defunct body;

(q) any agreement, representation, warranty or indemnity in favour of two or more parties (whether those parties are included in the same defined term or not) is for the benefit of them jointly and severally; and

(r) any agreement, representation, warranty or indemnity by two or more parties (whether those parties are included in the same defined term or not) binds them jointly and severally.

2. Service Content

2.1 The Website is owned and operated by Us or on Our behalf.

2.2 The Service Content on the Website is for general information and promotional purposes only. We do not warrant or make any representations as to any Third Party products or services described or referred to on the Website. Any use of the Service Content, materials or Information by another person or organisation is at Your own risk.

2.3 The Service Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with Third Parties and information provided by third parties under licence. Inclusion of Service Content on the Website is not an endorsement of any organisation, product, service or advice.

2.4 All Intellectual Property Rights, including copyright, in the Website and Service Content are owned or licensed by Us or Our Related Entities. You must not copy, modify or transmit any part of the Website or Service Content.

2.5 The Website and Service Content may also contain Our, or Our Related Entities', trade marks, logos and trade names, which may be registered or otherwise protected by Law. You are not permitted to use any trade marks, logos or trade names appearing on the Website or Service Content.

2.6 We grant You a non-exclusive and non-transferable licence to use the Website and Service Content for Your own personal use, subject to any permitted uses and restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.

2.7 If You have a complaint regarding any Service Content, Our sole obligation will be to review any written complaint notified to Us and, if We see fit, in Our sole discretion, to modify or remove the particular Service Content.

3. Access and Communication

3.1 Subject to the consumer guarantees provided for in the ACL, We do not warrant that You will have continuous access to the Service Content or the Website.

3.2 We will not be liable if the Service Content or Website is unavailable to You due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.

3.3 We do not guarantee the delivery or security of communications over the internet as such communications rely on Third Party service providers, and electronic communication (including electronic mail) is vulnerable to interception by Third Parties.

3.4 We do not provide, and have no control over, communications, networks or services, the internet or other technology required or used across the Website and accept no responsibility for any direct or indirect Loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

4. User accounts

(a) To access certain features of the Website, You may be required to create and maintain an account with Us.

(b) You must ensure that all information provided by You in connection with Your account is accurate, complete and up-to-date at all times.

(c) You are responsible for maintaining the confidentiality and security of Your account credentials, including any username and password, and must not permit any other person to access or use Your account.

(d) You are responsible for all activities conducted through Your account, whether authorised by You or not, except to the extent caused by Our acts or omissions.

(e) You must notify Us immediately if You become aware of any unauthorised access to or use of Your account or any other security breach relating to Your account.

(f) We may suspend, restrict or terminate Your account, or refuse access to all or part of the Website, immediately and without notice if We reasonably believe that You have breached these Terms or if it is otherwise necessary to protect the Website, Our systems, users or business.

5. Prohibited Uses

You agree that in accessing and using the Website, You will not engage or attempt to engage in any activities that:

(a) download (other than page caching), transmit, copy, store, reformat or otherwise modify any element of the Website or Service Content;

(b) impersonate or falsely claim to represent a person or organisation;

(c) are commercial, including selling, marketing, advertising or promoting goods or services, except if expressly permitted by these Terms;

(d) frame the Website or the Service Content without Our express written consent;

(e) post, link to, or otherwise communicate or distribute any misleading, deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or Information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any Intellectual Property Rights;

(f) bypass (or attempt to bypass) any security mechanisms imposed by the Website;

(g) provide access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the Intellectual Property Rights of another person;

(h) delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;

(i) knowingly post, introduce or transmit, or permit the posting, introduction or transmission of a virus, worm, Trojan horse, malware, spyware, disabling or malicious device or code, time bomb, or any other software or hardware or configuration that may cause harm or change to the Website;

(j) breach or circumvent any applicable Laws in using or accessing the Website;

(k) damage or tamper with the operation of the Service Content; and

(l) use the Website or Service Content in a manner which is unlawful or would infringe the rights of another person, including any Intellectual Property Rights.

6. User content and reviews

6.1 By submitting reviews, comments, images, testimonials or other content, You grant Us a non-exclusive, perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and display that content.

7. Links and advertisements

7.1 The Website may contain links to other websites. We have not reviewed all of the Third Party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). We provide those links as a ready reference for searching for Third Party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.

7.2 Any social media and other Third Party websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If You choose to access these Third Party linked sites, You do so at Your own risk. We are not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. We are not responsible for and will not be liable in respect of any incorrect link to an external website.

8. Promotions and Competitions

From time to time, Strauss may conduct promotions, competitions and giveaways that are subject to separate terms and conditions (Promotion Terms). The Promotion Terms may include eligibility requirements, including requirements relating to subscription to marketing communications. By participating in a promotion, competition or giveaway, you agree to the applicable Promotion Terms. Further details will be set out in Our Privacy Policy and the relevant Competition and Promotion Collection Statement.

9. Confidentiality

9.1 Obligations of confidentiality

Subject to clauses 8.2 and 8.3, the Receiving Party must:

(a) keep the Confidential Information confidential and not directly or indirectly disclose, divulge or communicate any Confidential Information to, or otherwise place any Confidential Information at the disposal of, any other person without the prior written approval of the Disclosing Party;

(b) take all reasonable steps to secure and keep secure all Confidential Information coming into its possession or control;

(c) only use the Confidential Information for the purposes of performing, and to the extent necessary to perform, its obligations under these Terms;

(d) not memorise, modify, reverse engineer or make copies, notes or records of the Confidential Information for any purpose other than in connection with the performance by the Receiving Party of its obligations under these Terms; and

(e) take all reasonable steps to ensure that any person to whom the Receiving Party is permitted to disclose Confidential Information under clause 8.2 complies at all times with the terms of this clause 8 as if that person were a Receiving Party.

9.2 Exceptions

The obligations of confidentiality under clause 8.1 do not apply to:

(a) any Confidential Information that:

(b) is disclosed to the Receiving Party by a Third Party entitled to do so, whether before or after the date of these Terms;

(c) was already lawfully in the Receiving Party's possession when it was given to the Receiving Party and was not otherwise acquired from the Disclosing Party directly or indirectly; or

(d) is generally available to the public at the date of these Terms or subsequently becomes so available other than by reason of a breach of these Terms; or

(e) any disclosure of Confidential Information by the Receiving Party that is necessary to comply with any court order or applicable Law if, to the extent practicable and as soon as reasonably possible, the Receiving Party:

(f) notifies the Disclosing Party of the proposed disclosure;

(g) consults with the Disclosing Party as to its content; and

(h) uses reasonable endeavours to comply with any reasonable request by the Disclosing Party concerning the proposed disclosure.

9.3 Authorised disclosure

(a) A Receiving Party may disclose Confidential Information to any Related Entity, employee, agent, contractor, officer, professional adviser, banker, auditor or other consultant of the Receiving Party (each a Recipient) only if the disclosure is made to the Recipient strictly on a "need to know basis" and, prior to the disclosure:

(b) the Receiving Party notifies the Recipient of the confidential nature of the Confidential Information to be disclosed; and

(c) the Recipient undertakes to the Receiving Party (for the benefit of the Disclosing Party) to be bound by the obligations in this clause 8 as if the Recipient were a Receiving Party in relation to the Confidential Information to be disclosed to the Recipient.

(d) The Receiving Party is liable for any breach of this clause 8 by a Recipient as if the Recipient were a Receiving Party in relation to the Confidential Information disclosed to the Recipient.

9.4 Breach of Confidence

Each Party must promptly notify the other Party if it becomes aware of any unauthorised access, use or disclosure of all or any part of the Confidential Information and must give that other Party all reasonable assistance in connection with any claim which it may institute in connection with that unauthorised access, use or disclosure.

9.5 Return or destruction of Confidential Information

Immediately on the written request of the Disclosing Party, a Receiving Party must:

(a) cease the use of all Confidential Information of or relating to the Disclosing Party (or any Related Entity of the Disclosing Party);

(b) deliver to the Disclosing Party all documents and other materials in its possession or control containing, recording or constituting that Confidential Information or, at the option of the Disclosing Party, destroy, and certify to the Disclosing Party that it has destroyed, those documents and materials; and

(c) upon delivery of the Confidential Information under clause 8.5(b), permanently delete that Confidential Information from all electronic media on which it is stored, so that it cannot be restored.

10. Privacy

10.1 Personal Information may be collected, used, disclosed and otherwise handled for the purposes described in the Privacy Policy and for us to carry out Our Services.

10.2 Any Personal Information submitted by You (whether Personal Information of You or another individual which You have the necessary consents to provide) to Us may be handled as contemplated by Our Privacy Policy (which can be found on our Website) and as otherwise permitted by applicable Privacy Laws. You agree that, by using the Website or communicating with Us, You have read Our Privacy Policy, understood its contents and consented to its requirements.

10.3 You must not upload any Personal Information of another individual to the Website unless You first make them aware of Our Privacy Policy and have their consent to upload such Personal Information.

10.4 By subscribing to Our newsletter or marketing communications, You consent to receive electronic communications from Us as described in Our Privacy Policy. You may unsubscribe at any time using the unsubscribe link included in those communications.

11. Warranties, Consumer Guarantees and Limitation of Liability

11.1 We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on the Website are correct and up-to-date at the time of publication. We do not represent or warrant the accuracy or completeness of the Service Content or that the Website or Service Content are free from any errors, omissions or defects.

11.2 Subject to clause 10.3, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by Law, trade, custom or usage is excluded to the maximum extent permitted by Law.

11.3 To the fullest extent permitted by Law, Our liability for a breach of a non-excludable guarantee referred to in the clause 10.3 is limited to:

(a) in the case of goods supplied or offered by us, any one or more of the following:

(a) the replacement of the goods or the supply of equivalent goods;

(b) the repair of the goods;

(d) the payment of the cost of having the goods repaired; or

(a) in the case of services supplied or offered by us:

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again.

11.4 Subject to clause10.3, We are not liable to You for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising out of or in connection with the Website, the Service Content or all links to or from the Website.

11.5 Subject to this clause 10, and to the extent permitted by law, Our maximum aggregate liability for all proven Losses and Claims arising out of or in connection with these Terms or the use of the Website, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the greater of:

(a) $100; or

(b) the price paid for the Products giving rise to the relevant liability.

12. Indemnity

You agree and acknowledge that You will fully indemnify Us in respect of all Loss, damages, costs and expenses (including legal fees on a full indemnity basis), fines, penalties, Claims, demands and proceedings however arising, whether at common law (including negligence) or under statute, in connection with:

(a) any breach of these Terms by You;

(b) Your use of the Website or Service Content, including any wrongful, wilful or negligent act or omission;

(d) Your use of Third Party websites linked to the Website,

except to the extent caused or contributed to by Our breach of these Terms, Our negligence or wilful misconduct, or Our breach of Law.

13. Termination of Your access to the Website

13.1 We may at any time immediately terminate Your access (including restricting access) to the Website or any feature of the Website for any reason (including due to Your breach or alleged breach of these Terms) in our sole discretion and without prior notice.

13.2 This paragraph 12.2 and paragraphs 2.1 to 2.5, 8, 9, 10, 15, 16, 17, 18 and 19 will survive termination of Your access to the Website in accordance with paragraph 12.1 and will continue to Our benefit and be enforceable by Us.

14. International Use

We make no representation or warranty that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If You choose to access the Website from other locations, You do so at Your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website from any location where doing so would be illegal.

15. Disclaimer

15.1 The Website may utilise third-party providers for hosting, payment processing, analytics, marketing, communications, customer relationship management, customer support and e-commerce functionality.

15.2 The Website is hosted by Shopify (https://www.shopify.com), and Shopify collects and processes Personal Information, for purposes including but not limited to, providing the Enhanced Services (as defined in Shopify Terms of Service https://www.shopify.com/legal/terms). Information You submit onto our Website will be shared with Shopify as well as third parties that may be located in other countries, in order to provide services to such users, including but not limited to the Enhanced Services. If You wish to opt out or object to Shopify processing Your data for certain use cases, you can do so at https://privacy.shopify.com/en.

15.3 Our Privacy Policy details how other tools are used throughout the Website.

15.4 Products displayed on the Website may not be available at the time an Order is submitted. Placement of a product in a shopping cart or wishlist does not reserve stock.

Terms of Sale

Paragraphs 15, 16, 17 and 18 apply to Your purchase of the Products.

16. Orders

16.1 We reserve the right to refuse or limit any Orders or quantities, extend the delivery timeline for any reason after the Order has been placed and accepted, and/or refuse to ship a Product to You for any reason. We will not be liable if a Product is unavailable or if shipment is delayed. We reserve the right to provide substantially similar products to fulfill Your Order.

16.2 We may also, in our absolute discretion, cancel Your payment at any time by providing notice to You through Your contact information or by a notice when or by notice when You attempt to make a payment. We may cancel a payment or prevent You from initiating future payments for any reason, including, without limitation, the following:

(a) You attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations;

(b) You use the Services in breach of these Terms;

(d) We suspect fraudulent, unlawful or improper activity regarding a payment;

(e) We detect, in our absolute discretion, that Your payments have excessive disputes, high reversal rates or present a relatively high risk of losses;

(f) Your failure to cooperate in an investigation or provide additional information when requested; or

(g) any other circumstances We deem appropriate in Our absolute discretion.

16.3 An Order becomes binding from the moment of acceptance by Us. We may accept an Order by:

(a) written notice to You; or

(b) part performance by Us, even if no notice has been given to You (eg by Us allocating stock to the Order).

16.4 All Products purchased via our Services are also governed by our shipping, return, and exchange policies as We may promulgate from time to time (Shipping and Returns Policies) which are incorporated into these Terms by reference. Please review all Shipping and Returns Policies before purchasing a Product from or entering into any such purchase transaction with Us. Any Products purchased through an unauthorised vendor cannot be returned or exchanged.

17. Pricing

17.1 The prices payable for the Products are the prices indicated on the Website.

17.2 We reserve the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. We reserve the right to discontinue any Product at any time.

17.3 Products offered for sale on the Website are for sale only in Australia and all prices are quoted in Australian dollars. The prices displayed do not include applicable shipping fees.

17.4 All prices displayed are inclusive of GST.

17.5 We may, from time to time in our absolute discretion, offer certain promotional codes for discounts, which may be offered through certain campaigns on the Website. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. The promotional code must be redeemed at the time of checkout, unless otherwise advertised, and cannot retroactively be applied to a purchase. There is no cash alternative. Promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. There is a limit of one promotional code per customer. Promotional codes are void where prohibited. Any promotional program, including campaigns on the Website, may be terminated or modified by Us at any time in Our absolute discretion.

18. Invoicing and Payments

18.1 When You make a purchase via the Services for Products (Transaction), You expressly authorise Us (or our third-party payment processor) to charge You for such Transaction. We may ask You to supply additional information relevant to Your Transaction, including Your credit card number, the expiration date of Your credit card and Your email and postal addresses for billing and notification (Payment Information). You represent and warrant that You have the legal right to use all payment method(s) represented by any such Payment Information. When You initiate a Transaction, You authorise Us to provide Your Payment Information to third parties so We can complete Your Transaction and to charge Your payment method for the type of Transaction You have selected (plus any applicable taxes and other charges that You bank or other financial service provider may levy on You prior to 1 October 2026, and to the extent permitted by Law). We will not impose any surcharge on payments made via Visa, MasterCard or AMEX in accordance with the applicable law.

18.2 You may need to provide additional information to verify Your identity before completing Your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, You agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to You. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms and in accordance with applicable laws (including the ACL). All fees and applicable taxes, if any, are payable in Australian dollars.

18.3 We accept the forms of payment stated on the Website and, for credit card payments, charge Your credit card when Your Order is processed. The bank issuing Your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the Payment Information You provide Us in connection with this payment to provide better service to You should You wish to use Our service again in the future and to protect Us from fraud and other losses. Completion of a Transaction is contingent upon:

(a) You providing complete personal, account, transaction and any other information needed;

(b) authorisation of the payment by Your credit or debit card company; and

19. Delivery and Risk

19.1 Subject to Your rights under the ACL, We will use reasonable endeavours to deliver the Products at the dates and times notified to You. However, You acknowledge and understand that the actual delivery time is subject to Product availability, the capacity of carriers, the volume of demand, etc. Any delays caused by such issues will not confer on You any rights to cancel the delivery, reject the Products or claim any damages, costs or other compensation from, or take any other action against, Us.

19.2 Title to and the risk of loss/damage of all Products passes from us to You at the time We deliver the Products to the common carrier for shipment. By purchasing Products on the Services for shipment, You are asking Us to engage a common carrier to deliver Your Order. In doing so, We are providing a service to and acting on behalf of You. We reserve the right to choose any and all procedures, packaging, and the common carrier of sold Products. We may not be able to have Your Order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your Order in multiple boxes or shipments.

19.3 Subject to any rights that the You may have under the ACL, You must examine the Products immediately after delivery and note any discrepancy, visible defect or damage to the Products on the delivery documents. You must notify Us of any Claim within 5 business days after delivery. If We do not receive notice of any Claims within that time, then, subject to applicable law and to paragraph 10.5, You will be deemed to have accepted the Products and We will not be obliged to consider any Claims.

19.4 Subject to any rights that the You may have under the ACL, Products may be returned to Us only with the prior consent of Us and at the expense of You except in the case of defective Products, or if the return is initiated by Us in which case We will bear the handling charges. Where You choose to return non defective Products, in addition to paying shipping and deliver, you will also pay Us a reasonable handling charge of five percent ([5]%) of the price of the returned Product.

19.5 In addition to other rights and remedies You may have at law and under the Agreement:

(a) Australian law that cannot be excluded requires that the following prescribed text be included: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled (i) to cancel your service contract; and (ii) to refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

(b) Notwithstanding the preceding paragraph (a) unless the goods or service were of a kind ordinarily acquired for personal, domestic or household use or consumption, Our liability for a breach of the consumer guarantees is limited (at Our option) to:

(d) for goods:

(e) repairing the goods or paying the cost of repairing the goods, or

(f) replacing the goods or paying the cost of replacing the goods or acquiring equivalent goods.

For the purposes of these Additional Warranties under the ACL, "goods" means the Products You has ordered; "services" means any services You have ordered; and "service contract" means a contract for services between Us and You.

the entity that is giving this defect warranty	Strauss Australia Pty Ltd
that entity’s business address	1 Martin Place Sydney, NSW 2000
that entity’s phone number	-
the duration of the ACL defect rights (noting that this can be	Consumer guarantee rights under the Australian Consumer Law apply for a reasonable period from the date of purchase, determined by reference to the nature, price, intended use and expected lifespan of the relevant goods or services.
cost of the ACL warranty	-
how you can contact Strauss about a defective product or service or make a claim.	support.au@strauss.com

20. General

20.1 Entire understanding

These Terms contains the entire understanding between the Parties concerning the subject matter of these Terms and supersedes, terminates and replaces all prior agreements and communications between the Parties.

20.2 No adverse construction

These Terms, and any provision of these Terms, are not to be construed to the disadvantage of a Party because that Party was responsible for its preparation.

20.3 No waiver

(a) A failure, delay, relaxation or indulgence by a Party in exercising any power or right conferred on the Party by these terms does not operate as a waiver of that power or right.

(b) A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under these terms.

20.4 Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

20.5 Successors and assigns

These Terms bind and benefit the Parties and their respective successors and permitted assigns under clause 19.6.

20.6 No assignment

You cannot assign or otherwise transfer the benefit of these Terms without Our prior written consent. We are permitted to assign or otherwise transfer the benefit of these Terms without Your prior consent.

20.7 Communication and Notice

You consent to Us contacting You by electronic means including through email.

20.8 Governing Law and jurisdiction

These Terms are governed by and must be construed in accordance with the Laws in force in the State of New South Wales, Australia. The Parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, its performance or subject matter.

20.9 Operation of indemnities

Unless these terms expressly provides otherwise:

(a) each indemnity in these Terms survives the expiry or termination of these Terms; and

(b) a Party may recover a payment under an indemnity in these terms before it makes the payment in respect of which the indemnity is given.