TERMS & CONDITIONS
GENERAL TERMS & CONDITIONS
1. Introduction
1.1 These Terms govern your access to and use of the Aurelle website at aurelles.com.au and any related online services (Sites).
1.2 Aurelle is operated by Taza Group Pty Ltd (ABN 80 687 041 774) and brings together two business activities under one brand:
a. Aurelle Café & Restaurant, which provides dining, reservations, food and beverage services, catering, functions, private events and related hospitality services; and
b. Aurelle Boutique, which provides retail and e-commerce products including fashion, jewellery, accessories, gifts, homewares and related products.
1.3 References to “Aurelle”, “we”, “us” or “our” in these Terms mean Taza Group Pty Ltd trading as Aurelle Café & Restaurant or Aurelle Boutique, as relevant to the product, service or transaction concerned.
1.4 These Terms should be read together with our Privacy Policy, Online Shopping Terms and Conditions, Returns Policy, Shipping and Delivery information, and any other terms or conditions displayed or provided in connection with a particular product, booking, event, catering service or transaction.
1.5 By accessing or using the Sites, you agree to these Terms. If you do not agree, you should not use the Sites.
2. AURELLE TERMS
2.1 General:
The Sites are provided for information, reservations, enquiries, hospitality services and the purchase of products and services offered by Aurelle Café & Restaurant and Aurelle Boutique.
Where you purchase goods from Aurelle Boutique, the Online Shopping Terms and Conditions also apply.
Where you make a restaurant reservation, book an event, arrange catering or purchase another hospitality service, any specific terms disclosed to you at the time of booking, quotation or confirmation also apply.
2.2 Information about products and services:
We take reasonable care to ensure information on the Sites is accurate and current. Product descriptions, menus, prices, availability, photographs and other information are provided for identification and information purposes and may be updated from time to time.
Images may be illustrative, and colours, presentation, portioning, packaging or other characteristics may vary where reasonable.
2.3 Packaging:
Where physical goods are supplied, they will be packaged in a manner reasonably appropriate for safe delivery. We aim to use practical and environmentally responsible packaging where reasonably available.
2.4 Complaints:
If you have a concern about a product, order, reservation or service, please contact Aurelle as soon as reasonably practicable using the contact details displayed on the Site.
Nothing in these Terms limits any rights or remedies you may have under the Australian Consumer Law or other applicable law.
2.5 About these Terms:
We may update these Terms from time to time. The version published on the Site at the time of your relevant transaction will apply to that transaction, unless otherwise required by law.
3. Use of Sites
3.1 The Sites and their content are protected by copyright, trade mark and other intellectual property laws. Unless otherwise indicated, relevant intellectual property rights are owned by Aurelle or used with the permission of the relevant rights holder.
3.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish or otherwise use material from the Sites except as permitted by law or with our prior written consent.
3.3 The Sites may include trade marks and other protected branding. You must not use Aurelle trade marks, branding or other protected material without our prior written consent.
3.4 The Sites may contain links to third-party websites or services. These links are provided for convenience. Unless expressly stated otherwise, a link does not mean that Aurelle endorses or controls the third-party website, product or service.
3.5 Some services used through the Sites may be provided by third parties, including payment processors, reservation systems, delivery providers and other service providers. Where applicable, those third parties may have their own terms and privacy practices.
3.6 You must use the Sites only for lawful purposes. You must not use the Sites or Aurelle social media channels to:
a. breach any law or regulation, infringe another person’s rights or privacy, or act contrary to applicable standards or codes;
b. defame, harass, threaten, bully or unlawfully offend another person;
c. publish or transmit obscene, discriminatory, inflammatory, unlawful or harmful material;
d. commit or encourage a criminal offence, transmit malware, viruses, trojans, worms or other technologically harmful material;
e. hack, disable, interfere with or impair any part of the Sites or associated systems, send spam or unsolicited promotional material, or attempt to interfere with the performance or security of the Sites; or
f. provide false or misleading information when submitting an order, reservation, enquiry or account details.
3.7 To the extent permitted by law, Aurelle is not responsible for loss caused by viruses, malicious code or other technologically harmful material resulting from use of the Sites or third-party sites linked from the Sites.
3.8 We take reasonable care in preparing Site content but do not warrant that all content will always be complete, current or error-free.
3.9 Information on the Sites may be changed, supplemented, removed or updated from time to time. We do not guarantee uninterrupted access to the Sites.
4. Cookies
4.1 Cookies and similar technologies may be used when you access the Sites. Our Privacy Policy explains how personal information and online information may be collected and used.
4.2 If you disable cookies in your browser or device, some Site features may not function as intended.
5. Restaurant Reservations, Events and Catering
5.1 Reservations:
Restaurant reservations are subject to availability and confirmation. A reservation is not confirmed until it has been accepted through the applicable reservation system or otherwise confirmed by Aurelle Café & Restaurant.
5.2 Booking details:
You are responsible for providing accurate booking information, including your name, contact details, party size and any other information reasonably required to manage your reservation.
5.3 Cancellations, deposits and prepayments:
Any cancellation period, deposit, prepayment, minimum spend, no-show condition or other booking requirement disclosed at the time of reservation or booking forms part of that booking.
5.4 Functions, private events and catering:
Functions, private events and catering may be subject to a separate quotation, booking confirmation, deposit arrangement or other written terms. Where there is an inconsistency between these Website Terms and specific written terms provided for an event or catering booking, the specific written terms apply to that booking.
5.5 Menus, prices and availability:
Menus, prices, ingredients, drinks and availability may change. We may substitute or withdraw an item where reasonably necessary, including because of seasonality, supplier availability or operational requirements.
5.6 Dietary requirements and allergies:
Customers should tell Aurelle Café & Restaurant about any allergies or dietary requirements before ordering or before an event where reasonably possible. We will provide available information and discuss reasonable requests, but customers should not rely solely on general menu descriptions when managing a serious allergy.
All meat we serve is halal, except our ham. Halal turkey ham is available on request. Halal meat is kept and prepared separately.
5.7 Responsible service and age-restricted products:
Where alcohol or another age-restricted product is supplied, applicable age, identification and responsible service requirements apply. We may refuse supply where required or permitted by law.
5.8 Online food and drink orders:
Online orders placed through the Site for pickup are confirmed once payment is accepted. Please check your order, pickup time and any dietary notes before paying.
Food is prepared to order, so we may not be able to change or cancel an order once preparation has started. Please call us as soon as possible and we will help where we can.
If an item is missing, incorrect or not of acceptable quality, please contact us on the same day so we can fix, replace or refund it. Your rights under the Australian Consumer Law are not affected.
5.9 Public holiday surcharge:
A 10% surcharge applies to orders placed in store (dine-in and takeaway) on public holidays, to help cover higher staff costs. It is shown on our menus and at the counter before you order. No surcharge applies to online orders.
5.10 Gift vouchers:
Aurelle gift vouchers are valid for at least 3 years from the date of purchase, as required by Australian law. The expiry date is shown on the voucher.
Vouchers can be used at both Aurelle Café & Restaurant and Aurelle Boutique, in store and online where offered. They cannot be exchanged for cash, except where required by law. Any unused balance stays on the voucher until it expires.
Please keep your voucher safe. We may not be able to replace a lost or stolen voucher.
6. Online Shopping and Aurelle Boutique
6.1 Purchases of goods from Aurelle Boutique are governed by the Online Shopping Terms and Conditions in addition to these Website Terms.
6.2 Product availability, pricing, payment, shipping, returns, refunds and consumer guarantees for Aurelle Boutique purchases are addressed in the Online Shopping Terms and Conditions and related policies displayed on the Site.
7. Liability and Australian Consumer Law
7.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.
7.2 To the extent permitted by law, Aurelle is not liable for loss or damage arising from:
a. use of, or inability to access, the Sites;
b. reliance on information that is clearly identified as general or subject to change;
c. third-party websites, systems or services outside Aurelle’s reasonable control; or
d. events outside Aurelle’s reasonable control.
7.3 Any limitation or exclusion in these Terms applies only to the extent permitted by law.
7.4 Nothing in these Terms limits liability where it would be unlawful to do so.
8. Updates and Termination
8.1 We may update these Terms from time to time by publishing the revised version on the Site.
8.2 We may suspend or restrict access to the Sites where reasonably necessary, including for security, maintenance, suspected misuse or a material breach of these Terms.
8.3 Suspension or termination of access to the Sites does not affect rights or liabilities that arose before the suspension or termination.
8.4 Where we reasonably believe the Sites are being used unlawfully or in breach of these Terms, we may take reasonable steps to protect Aurelle, our customers and third parties, including preserving or disclosing information where required or permitted by law.
9. Jurisdiction
9.1 These Terms and the use of the Sites are governed by the laws of Victoria, Australia.
9.2 Subject to any rights you may have under applicable consumer law, the courts of Victoria, Australia have non-exclusive jurisdiction in relation to disputes arising from these Terms.
9.3 The Sites may be accessed from outside Australia. We do not represent that the Sites or their content comply with the laws of every country. If you access the Sites from outside Australia, you are responsible for complying with laws applicable to you.
ONLINE SHOPPING TERMS & CONDITIONS
Online Shopping Terms and Conditions
These terms apply to the ordering, purchase and delivery of Goods from the Website and form a contract between you and Taza Group Pty Ltd (ABN 80 687 041 774) trading as Aurelle Boutique, 397 Chapel Street, South Yarra VIC 3141.
By using the Website to place an Order, you agree to these Terms. These Terms should be read together with the Website Terms, Privacy Policy, Returns Policy and Shipping and Delivery information available on the Website.
These Terms contain important information about ordering, processing, payment, delivery, returns and consumer rights.
1. Compliance with Terms
1.1 You will be bound by these Terms each time you submit an Order.
1.2 The Terms in force at the time you submit an Order will apply to that Order.
2. Placing Orders for Goods
2.1 By placing an Order on the Website, you are making an offer to purchase the Goods identified in that Order. We will send an order confirmation to the email address provided by you.
2.2 Each Order you place is a separate transaction.
2.3 A tax invoice or other appropriate transaction record may be issued electronically.
2.4 Unless otherwise agreed, Goods purchased through the Website are intended for personal use and must not be purchased for unlawful resale or other unlawful purposes.
2.5 We may reasonably restrict the quantity of particular Goods that may be purchased in one Order, during a promotion, during a specified period or by one customer or address. Any material quantity restriction will be stated on the relevant product or promotional information where practicable.
2.6 You are responsible for ensuring that all information provided with an Order, including your email address, telephone number, billing information and delivery address, is accurate and complete.
2.7 We are not responsible for delay or failure caused by inaccurate or incomplete information supplied by you, except to the extent required by law.
2.8 If you provide Personal Information about another person, including a gift recipient, you must have a lawful basis to provide that information to us.
2.9 You must be legally capable of entering into the transaction. Where an Order contains age-restricted Goods, you must satisfy any minimum age and identification requirements applicable by law.
2.10 Separate Orders may be processed and shipped separately and may attract separate Delivery Fees where disclosed at checkout.
2.11 We may accept or reject an Order for a legitimate reason, including unavailability, suspected fraud, payment failure, an obvious pricing or description error, or an inability to deliver the Goods. If an Order is rejected after payment has been taken, we will refund the amount paid for the rejected Goods.
2.12 An Order is accepted when we confirm acceptance of the Order or dispatch the Goods, whichever occurs first.
2.13 The Price, Delivery Fee and other applicable charges shown at checkout form part of your Order.
2.14 Payment must be successfully authorised or cleared before Goods are dispatched unless another payment arrangement has been expressly agreed.
2.15 We may update these Terms from time to time. Changes will not retrospectively alter an Order already accepted, except where required by law.
2.16 Goods are available only to persons who are legally capable of entering into a binding contract.
2.17 Where particular Goods are subject to an age restriction, those Goods will not be supplied to a person below the legally required age.
2.18 By placing an Order, you represent that you are legally capable of entering into the transaction and that the information you provide is accurate.
3. Availability of Goods
3.1 Goods may become unavailable or out of stock. If we cannot supply all or part of an accepted Order, we will refund the amount paid for the unavailable Goods.
3.2 We may withdraw or suspend a Good from sale at any time before an Order for that Good has been accepted.
3.3 If a Good becomes unavailable after payment has been processed, we may cancel the affected part of the Order and refund the amount paid for that Good.
3.4 We may correct a genuine error on the Website, including an obvious error in a description, image, Price or other product information. If an Order is materially affected by such an error, we may contact you, cancel the affected item and provide a refund, or give you the option to proceed on corrected terms where appropriate.
3.5 Nothing in clause 3.4 limits your rights under the Australian Consumer Law.
3.6 You acknowledge that:
a) product photographs and images are intended to represent the Goods but may be affected by lighting, screen settings or presentation;
b) accessories or decorative items shown with a product are not included unless expressly stated; and
c) measurements may vary slightly where Goods are handmade, vintage or otherwise subject to reasonable variation, and you should review the product description before placing an Order.
4. Price and Payment
4.1 When you place an Order, you agree to pay the Price and any applicable Delivery Fee or other charge clearly disclosed before payment.
4.2 Prices are in Australian dollars and include GST where applicable.
4.3 We may change Prices for future Orders without notice. If an Order has already been accepted, the Price applying to that accepted Order will not be changed except where there is a genuine pricing error or as otherwise permitted by law.
4.4 Available payment methods are those displayed at checkout or otherwise expressly offered by Aurelle Boutique at the time of purchase. A third-party payment provider may apply its own terms and conditions.
4.5 Payment must be successfully authorised or cleared before Goods are dispatched unless otherwise agreed.
4.6 In paying or attempting to pay for Goods, you must not engage in fraudulent conduct or breach any law.
4.7 We may use reasonable fraud-prevention and payment-verification measures. If additional verification is reasonably required, we may contact you before processing or dispatching the Order.
5. Delivery and Shipping
5.1 Shipping and delivery options, charges and any available estimated delivery timeframes will be displayed on the Website, at checkout or in our Shipping and Delivery information.
5.2 Dispatch and delivery timeframes are estimates unless expressly stated otherwise. Delays may occur because of carrier delays, peak periods, weather, supply issues or other circumstances outside our reasonable control.
5.3 An Order may be shipped in more than one parcel where reasonably necessary. You will not be charged an additional Delivery Fee unless that additional charge was disclosed and agreed before the relevant shipment.
5.4 Where a carrier requires a signature or other confirmation of delivery, you or an authorised recipient may be required to provide it.
5.5 Where nobody is available to receive a delivery, the carrier may leave the Goods in accordance with the delivery authority provided, redirect them to a collection location, or arrange redelivery in accordance with the carrier’s procedures.
5.6 You are responsible for providing a safe and accessible Delivery Address and for following any reasonable delivery instructions notified to you before dispatch.
5.7 Risk in the Goods passes to you on delivery to you, your nominated recipient or another person authorised by you to receive the Goods, subject to applicable law.
6. Age-Restricted Goods
6.1 If Aurelle Boutique offers Goods that are subject to a legal age restriction, including alcohol, you:
a) warrant that you satisfy the minimum legal age for purchase;
b) must provide accurate age and identity information where reasonably required;
c) must not purchase the Goods on behalf of a person who is below the required legal age; and
d) acknowledge that delivery or supply may be refused where required or permitted by law.
6.2 If we reasonably believe an age requirement has not been satisfied, we may cancel or refuse the affected Order and refund amounts paid, less any amount we are lawfully entitled to retain.
7. Order Cancellations and Returns
7.1 You should check your Order carefully before submitting it. Requests to cancel or change an Order will be considered where reasonably practicable, but we cannot guarantee that an Order can be changed once processing or dispatch has commenced.
7.2 If we cannot contact you using the details provided and reasonably require further information to process the Order, we may cancel the Order and refund amounts paid.
7.3 Delivery Fees are not ordinarily refundable for a change-of-mind return or an incorrect selection by the customer unless our Returns Policy provides otherwise or a refund is required by law.
7.4 Goods may be returned in accordance with our Returns Policy and your rights under the Australian Consumer Law.
7.5 We will process an agreed refund within a reasonable time.
7.6 Refunds will ordinarily be made to the original payment method where reasonably practicable. Where a third-party payment provider was used, the provider’s refund processing procedures may apply.
7.7 Nothing in this section excludes, restricts or modifies any right or remedy available under the Australian Consumer Law.
7.8 Change-of-mind rights, if offered by Aurelle Boutique, are additional to and do not replace your rights under the Australian Consumer Law.
8. Product Safety and Recalls
8.1 If a Good supplied by us is subject to a product safety recall, we may publish information on the Website and provide instructions about the appropriate remedy.
8.2 You consent to us using the contact information supplied with your Order to contact you about a safety issue or product recall where reasonably necessary.
9. Promotions and Discounts
9.1 Promotional offers, discounts and coupon codes may be subject to separate conditions. Any applicable conditions, eligibility requirements or expiry periods form part of the promotion.
9.2 Unless otherwise stated, a promotional code must be entered at the time of purchase and cannot be retrospectively applied after an Order has been submitted.
9.3 Promotions may be limited to particular Goods, dates, customers, quantities or channels, and may not be combined with other offers where this is stated in the relevant promotion.
9.4 Unless otherwise stated, references to time in a promotion use Melbourne, Victoria local time.
10. Privacy
10.1 Personal Information provided in connection with an Order will be collected, used, stored and disclosed in accordance with our Privacy Policy and applicable law.
10.2 Information collected through the Website may include contact details, transaction details, device information, IP address, browser information and information about how the Website is used, as further explained in our Privacy Policy.
10.3 Where permitted by law and consistent with your communication preferences, we may send marketing communications. You may unsubscribe using the method provided in the communication or otherwise contact us.
10.4 If you hold an online account, you are responsible for keeping your login details secure and for keeping your account information reasonably current.
10.5 We may use reasonable fraud-detection and transaction-verification measures to protect customers, payment card holders and Aurelle Boutique.
11. Risk, Consumer Guarantees and Liability
11.1 Risk in the Goods passes to you on delivery in accordance with clause 5.7. Title passes when payment has been received in full and the Goods have been delivered, except where applicable law provides otherwise.
11.2 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
11.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.
11.4 Any warranty voluntarily provided by Aurelle Boutique is in addition to, and does not replace or limit, rights and remedies under the Australian Consumer Law.
11.5 To the extent permitted by law, we are not liable for loss that was not reasonably foreseeable, loss caused by your misuse of the Goods, or loss caused by matters outside our reasonable control.
11.6 Our liability will be reduced to the extent that your act or omission caused or contributed to the relevant loss or damage, where permitted by law.
12. Termination or Refusal of Supply
12.1 We may refuse or cancel an Order before supply where reasonably necessary, including because:
a) Goods are unavailable;
b) payment cannot be processed;
c) we reasonably suspect fraud or unlawful activity;
d) information provided with the Order is materially inaccurate or incomplete;
e) an age or other legal requirement has not been satisfied; or
f) a genuine pricing or product-information error materially affects the Order.
12.2 If we cancel an Order after payment has been taken, we will refund the amount paid for Goods not supplied, except to the extent we are lawfully entitled to retain an amount.
13. General
13.1 The Website Terms also apply to your use of aurelles.com.au.
13.2 We may update these Terms from time to time. The Terms that apply to an Order are the Terms in force when that Order is accepted.
13.3 If any provision of these Terms is prohibited or unenforceable in a jurisdiction, that provision will be ineffective in that jurisdiction only to the extent necessary, without invalidating the remaining provisions.
13.4 A failure or delay by either party to exercise a right under these Terms does not operate as a waiver of that right.
13.5 These Terms are governed by the laws of Victoria, Australia. Subject to applicable consumer rights, the courts of Victoria have non-exclusive jurisdiction.
14. Definitions
The following definitions apply to these Terms.
Business Day means a weekday other than a public holiday in Victoria on which banks are generally open for business in Melbourne.
Delivery Address means the address nominated by you for delivery of the Goods.
Delivery Agent means a third-party carrier or delivery provider engaged to deliver Goods.
Delivery Fee means the delivery charge, if any, disclosed before you submit an Order.
Goods means products offered for sale by Aurelle Boutique through the Website.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any applicable legislation, regulation, order, rule or other legally enforceable requirement.
Aurelle Boutique means Taza Group Pty Ltd (ABN 80 687 041 774) trading as Aurelle Boutique.
Order means a request by you to purchase Goods from Aurelle Boutique through the Website.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of the relevant Good shown on the Website at the time you place the Order, subject to these Terms.
Privacy Policy means the privacy policy published on aurelles.com.au.
Returns Policy means the returns policy published on aurelles.com.au.
Website means aurelles.com.au and the Aurelle online shopping pages made available through that domain.
Website Terms means the terms governing general use of aurelles.com.au.
We, Us and Our means Aurelle Boutique in relation to an Order for Goods.
You and Your means the person placing an Order or purchasing Goods from Aurelle Boutique.