Terms & Conditions
These Terms and Conditions may change.
Jocelyn’s Provisions reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Jocelyn’s Provisions Web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions each time you use this Website.
Use of Site
The Jocelyn’s Provisions Web site is for the sole use of individuals and entities wishing to review, consider, purchase, or otherwise engage in retail transactions involving Jocelyn’s Provisions’ goods and services and/or to otherwise transact business with or contact Jocelyn’s Provisions, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified, or otherwise affected, by any third party on behalf of such individual customer. Jocelyn’s Provisions expressly prohibits third parties from opting out of Jocelyn’s Provisions’ services and or/or contacts on behalf of a Jocelyn’s Provisions customer or other person or entity, without both (a) Jocelyn’s Provisions’ full knowledge as to the surrogate action being taken and (b) Jocelyn’s Provisions’ express permission. This prohibition is intended to protect the privacy and freedom of Jocelyn’s Provisions customers and the personal relationship Jocelyn’s Provisions works to develop with its customers and others authorised to use its site.
Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on this Web site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Jocelyn’s Provisions, Copyright © 2013 ALL RIGHTS RESERVED. You may use the content of this Web site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this Web site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission. The contents of the Jocelyn’s Provisions Web site are intended solely for the personal and non-commercial users of our site. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Trademark Notice
Jocelyn’s Provisions® and www.jocelynsprovisions.com.au are registered trademarks of JPALL RIGHTS RESERVED. This site may refer to third-party trademarks. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Jocelyn’s Provisions or third-party products or services, whether or not appearing in large print or in the trademark symbol, belong exclusively to Jocelyn’s Provisions or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Jocelyn’s Provisions or any third party. All other Jocelyn’s Provisions trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Website are the property of Jocelyn’s Provisions. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Jocelyn’s Provisions or any third party without permission from the owner.
Registration
Where you register for any area of this Website, the following terms and conditions apply.
You must provide us with true and accurate registration information. You must keep any username and password allocated to you confidential and we are entitled to assume that anyone using that username and password is you.
If you sign into any area of this Web site or any other service that uses a single sign on (e.g., Facebook Connect) on a public computer and do not sign out, someone else who uses that computer after you may be able to access your Jocelyn’s Provisions account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.
We may collect your personally identifiable information, such as your name, shipping address, billing address, email address, phone number and credit card number, while processing your order, or when we otherwise communicate with you. For example, through order forms on our Site and in our catalogue, and through signups for our mailing list located in our retail stores and at our wholesale accounts, we collect personally identifiable information necessary for producing items that you purchase. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address).
Links
This Web site may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of, or content located on or through any such website.
Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site’s privacy policy. Our Store is not responsible for the actions of third parties.
Terms of Sale
By placing an order for any goods on our website you are offering to purchase goods on and subject to our terms and conditions. All orders are subject to availability and confirmation of the order price.
When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order.
Eligibility to purchase
To make purchases on the Website you will be required to provide your personal details. You must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent, and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Website is available only to individuals who meet the Jocelyn’s Provisions terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Jocelyn’s Provisions, whose applications are acceptable to Jocelyn’s Provisions and who have authorized Jocelyn’s Provisions to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Jocelyn’s Provisions reserves the right to restrict multiple quantities being delivered to any customer.
Multiple Product Orders
For a multiple product order, we make every attempt to fulfill all products in the order at the same time. However, some products in your order may have different production and lead times. In this instance, the order will be fulfilled on the date that the item with the longest production time is available. Please note production times on specific items when placing your order, so as to avoid any disappointment.
Order Acceptance and Other Conditions
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Jocelyn’s Provisions reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Jocelyn’s Provisions signs them or not. We reserve the right to make changes to this site and these Conditions at any time.
Jocelyn’s Provisions reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Jocelyn’s Provisions believes that user conduct violates applicable law or is harmful to the interests of Jocelyn’s Provisions or its affiliates.
Returns
We will gladly accept the return of products that are defective due to defects in the production and/or packaging. Notification of such defects should be made within 48 hours of purchase. Given that we sell a food product, returns cannot be honoured in cases of mistaken purchases or change of mind. Once a product leaves Our Store, it cannot be returned due to change of mind because we cannot guarantee its safety and integrity. Please choose wisely to avoid any disappointment. Our shop staff are more than happy to provide any assistance with decision making when purchasing.
Typographical Errors
In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Jocelyn’s Provisions shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Jocelyn’s Provisions shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Our Store shall immediately issue a credit to your credit card account in the amount of the correct price.
Change or Cancellation of Orders
Cancellations to retail orders are accepted up until two days prior to the order due date. If an order is cancelled, customers are eligible for a refund minus a 15% administration fee. If a cancellation is made outside of the notice period, the customer will be issued a store credit to the value of the order minus a 15% administration fee.
Modifications to retail orders are accepted up until two days prior to the order due date - if made within the product lead time. A modification is defined as any changes to an order's due date or adjustments to a product, including quantity. Some modifications may be achievable outside this timeframe and at the discretion of Jocelyn’s Provisions management.
If the modification request falls outside of the notice period, the item queried can be cancelled and a store credit issued to the value. A refund will not be issued. If the customer wishes to cancel the whole order, then our cancellation policy terms & conditions apply.
If a date change is requested outside of the notice period, this may be achievable at the discretion of Jocelyn’s Provisions Management and Kitchen based on the order production status.
Product information
Jocelyn’s Provisions attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other contents of this Site are accurate, complete, reliable, current, or error-free. Most products displayed on this Web site are available in the Jocelyn’s Provisions store. In some cases, the products displayed on the Web site may not be available in the Jocelyn’s Provisions store.
Allergies and intolerances
Whilst every effort and care are taken in correct labelling and warnings in relation to all of our products, as identified, products may contain traces of ingredients that cause adverse or allergic reactions to some persons. These ingredients include, but are not limited to nuts, seeds, eggs, wheat, gluten, soy, dairy, and alcohol. Jocelyn’s Provisions takes customer safety and care very seriously, so patrons are advised to check in store regarding the contents of products.
Colours
We have done our best to display as accurately as possible the colours of the products shown on this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. All our products are handmade using natural ingredients. Variation may occur.
Disclaimer of warranties and limitations on liability
This site is provided by Jocelyn’s Provisions on an ‘as is’ and ‘as available’ basis. To the maximum extent permitted by law, JP makes no representations and warranties of any kind, express or implied, as to the operation of this site or the information, content, third-party content, materials, products, services or linked services provided on or through this site, including without limitation, that the information provided through the site will be free from error, omission, interruption, defect, or delay in operation, or from technical errors or typographical errors; that the site will be available at any particular time or location; that defects or errors in the service will be corrected; or that the content on the site is free of viruses or other harmful components. Any information on this site is subject to change without notice, and we disclaim any responsibility for these changes. You expressly agree that your use of this site is at your sole risk.
To the maximum extent permitted by law, Jocelyn’s Provisions disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
From time to time, there may be information on our website or in our catalogue that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. JP reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice (including after you have submitted your order).
In no event with Jocelyn’s Provisions, or any party involved in creating, producing or delivering this site, be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use this site or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Jocelyn’s Provisions through the site; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Applicable Law and Disputes
This agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of Australia and Queensland, without regard to the principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Queensland. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to Jocelyn’s Provisions or to products you purchase through Jocelyn’s Provisions may be submitted to confidential arbitration through Brisbane, Queensland, Australia, except that, to the extent you have in any manner violated or threatened to violate Jocelyn’s Provisions intellectual property rights, Jocelyn’s Provisions may seek injunctive or other appropriate relief, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to defend, indemnify and hold Jocelyn’s Provisions and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Jocelyn’s Provisions arising out of or relating to your use of the Web site, including, without limitation, your use of this Jocelyn’s Provisions Web site in violation of these Terms and Conditions.
Miscellaneous Legal Provisions
We may discontinue the Web site at any time and for any reason, without notice. We may change the contents, operation, or all other features of the Web site at any time for any reason, without notice. We may discontinue or restrict your use of the Web site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jocelyn’s Provisions because of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of Jocelyn’s Provisions’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Jocelyn’s Provisions with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Jocelyn’s Provisions to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Site and its content and supersedes any prior or contemporaneous communications between Jocelyn’s Provisions and you regarding our Site and its contents.
All rights not expressly granted herein are hereby reserved.