CAPTAIN BEAN COFFEE - TERMS AND CONDITIONS OF SALE

 

Please read these terms and conditions carefully before ordering any products from us. By ordering any products from us, you are agreeing to these terms and conditions.  

 Last Updated 20th November 2025  

1. INTRODUCTION 

1.1 Captain Bean Coffee online sale service is offered subject to these terms and conditions. based at 37b Birch Avenue  

Salisbury East, South Australia 5109, and references to "we", "us", "our" and similar expressions should be read as references to that company. 

1.2 References in these terms and conditions to "you", "your" and like expressions mean the person or company placing an order with us subject to these terms and conditions.  

1.3 Captain Bean Coffee sells coffee and other beverage-related and Captain Bean-related items (Products) as may be listed from time to time on our website at https://captainbeancoffee.com.au/ (Website).  

1.4 You can order products for delivery within Australia using our website. These terms and conditions will apply to your order, including those customers who wish to become, or have registered to become, subscribers and wish to purchase deliveries of products on a regular basis. This is a site for members of the public to purchase the products. 

1.5 Captain Bean Coffee Consumer Care can be contacted on 0438324400 for any product- or order-related enquiries (Captain Bean Coffee Support Line). 

 

2. TERMS AND CONDITIONS 

2.1 Nothing in these terms and conditions affects your statutory rights.  

 2.2 The way in which we process and protect your data is described in both these terms and conditions and in our published Privacy Policy on our website.  

 

3. PRICES 

3.1 All prices (including advertised discount prices) include GST and exclude any additional delivery charges. The total value of your order, including GST and delivery charges, will be displayed on the order confirmation screen. The displayed price is the amount in Australian dollars ($ AUD) that you will pay.  

3.2 Due to the fact that our service is offered and managed by Captain Bean Coffee in Australia, any payment for an online purchase from outside of Australia may constitute an international transaction which may be charged by your bank with additional fees.  

3.3 Prices of the products and our delivery charges will be as quoted on our website at the point of ordering (subject to revision for errors).  

3.4 Our product prices (including subscription prices) and delivery charges are liable to change at any time. Any changes made to our product prices and delivery charges after a dispatch confirmation has been sent out to you will not affect any order which you have already placed. A Despatch Confirmation is explained in more detail at clause 4.9 below.  

3.5 Our website contains a number of products, and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when despatching the product to you. If a product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the product or reject your order and notify you of such rejection.  

3.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation (see clause 4.9 below) if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as an error.  

 

 4. ORDERING & PAYMENT 

4.1 You can order our products online using our website. By placing an order on our website, you represent and warrant that you have the legal right or authorisation to use the payment methods you have selected.  

4.2 Whilst every effort will be made to ensure that all items shown in our online product catalogue are in stock, we offer no guarantee of availability, and our Captain Bean Coffee Support Line and this electronic publication do not constitute an offer for sale capable of acceptance by you submitting an order.  

4.3 If ordering on our website, when we receive your order, we will automatically send you an e-mail confirming acknowledgement of receipt of your order details (Confirmation Email). This confirmation email is not a guarantee of availability nor acceptance of an offer. All orders are subject to acceptance by us.  

4.4 To ensure your order is dealt with promptly, we require your full, correct address details, including an Australian postcode, a daytime contact telephone number and your e-mail address. The billing address you provide to us must be the same as the billing address you have notified to and registered with your selected credit/debit card company or other payment services provider, as this is used to validate your order.  

4.5 Your order will only be processed if full payment details are given. Failure to supply the correct details will result in your order being held pending the supply of the correct details.  Once you have placed your order and your payment has been processed by us, you are unable to cancel your order.  

4.6 You may pay using any of the payment methods listed on our website.  

4.7 We reserve the right to accept or reject your order in our discretion and will do so within a reasonable period after your order is received by sending you a notification that your order is rejected (Cancellation Email). Please note that the pre-authorisation of your payment method shall not constitute acceptance of your offer. In case your order is rejected, we will reimburse any amounts paid and/or remove the pre-authorisation on the selected payment method.  

4.8 Your detailed payment information will be collected and debited at the point you complete your order submission. Debiting your payment does not represent acceptance by us of your order or otherwise commit us to a contract with you.  

4.9 Orders will only be accepted by us on dispatch of the product(s) you have ordered. We will confirm such acceptance to you by sending you an email which confirms that the order has been dispatched (Despatch Confirmation).  

4.10 The contract will be formed when we send you the Despatch Confirmation, unless we notify you that we do not accept your order. 

4.11 All confirmations and notifications under this clause 4 will be directed to the email address you supplied to us on placement of your order and/or the email address associated with your account.  

4.12 If you experience any difficulties processing your order or with payment, please call our Captain Bean Coffee support line. The support number is listed in clause 1.5 of these terms and conditions.  

4.13 All orders are checked with the relevant payment provider prior to despatch, so please ensure that the details you provide us with are correct. We do not accept responsibility for an order being held back as a result of incorrect or invalid payment details being given. 

4.14 All investigations for order traces will be implemented as soon as possible. Queries need to be directed to our Captain Bean Coffee Support Line. The support number is listed in clause 1.5 of these terms and conditions.  

 

 5. DELIVERY 

5.1 We will endeavour to deliver all the Products you order. In the unlikely event of any product being out of stock at the time, we will notify you of this and refund the products that have been ordered but are unable to be supplied.  

5.2 We regret we are unable to accept orders for delivery to an address containing a PO Box Number or from persons placing an order whose address contains a PO Box Number. There may be other types of addresses to which, from time to time, we are not able to accept orders for delivery.  

5.3 Subject to clause 5.4 above, deliveries will be made to the address that you have nominated. The products will be at your risk from the time of delivery. In the event that you select a business address, we shall be deemed to have delivered the product to its intended recipient by delivering it to the reception area at the business address. However, if an express delivery has been selected, your signature will be required, or the products will not be delivered.  

5.4 Standard Delivery Service in Australia: 

(a) A "working day" is any day (other than a Saturday, Sunday or public holiday in the relevant State or Territory of Australia (depending on where delivery is to be made)).  

(b) Delivery charges will be calculated at the time of checkout and will be dependent on the location of delivery.  

(c) No deliveries are made on Saturdays, Sundays or public holidays in the State or Territory of Australia (depending on where delivery is to be made).  

(d) Please note if you order from our website, we can only deliver to a valid address located within Australia only.  

(e) Orders are dispatched by a third-party provider and shipped with Australia Post or an alternative Australian courier service provider. Although our providers use their best endeavours to despatch and deliver goods on time, there may be circumstances where these services could be delayed due to reasons outside of our reasonable control (such as unexpected demand on postal services). Whilst we will endeavour to assist you should this occur, we have limited capacity to control despatch timing and deliveries by these third parties.  

 

6. RETENTION OF TITLE  

 

 6.1 We retain title to all Products delivered to you until we have received final payment in full. The retention of title also applies until any other related claim that we have against you has been fulfilled.  

 

7. RETURNS AND REFUNDS POLICY  

 

7.1 This clause 7 only applies if you have made a purchase as a consumer, in other words, as a natural person who acted for purposes which are outside their trade, business, craft or procession.  

7.2 Nothing in these terms excludes or limits any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (ACL), or any liability under them which by law may not be limited or excluded.  

7.3 You are entitled to a refund or exchange of Products where the Product(s):  

(a) has a problem that would have stopped someone from buy the Product if they had known about it;  

(b) is unsafe;  

(c) is significantly different from the same or description; or  

(d) does not do what we said it would, or what you asked for and cannot be easily fixed.  

7.4 We may request that you return the Products subject to a refund or exchange under clause 7.3. We will provide you with a return label in such cases.  

7.5 If you are entitled to a refund under clause 7.3, we will return your money to you by re-crediting it to the payment method you used to pay for the Products without undue delay, and if the return of the Products is requested by us, within 14 days of the day we have received the Products you wish to return or until you supply evidence that you have sent the Products back to us, whichever is the earliest. The refunds will be made in Australian dollars ($AUD).  

7.6 We are not responsible for the fluctuations in the exchange rate between Australian dollars ($AUD) and any other currency, and provided we have refunded the same amount in Australian dollars ($AUD) as we charged for the products at the point you ordered them, this will constitute a full refund of the purchase price.  

 

8. PERSONAL INFORMATION AND SECURITY  

8.1 To make optimum use of our Website, you can create a personal account. To register for an account, you are asked to provide us with some account information and to choose a sufficiently reliable password. You agree to keep the information in your account up to date. In case of any changes that are relevant for us to become aware of, you will promptly update your account details.  

8.2 To protect your account, you must keep your login credentials strictly confidential. We may assume that the person that is using these credentials is the actual account holder, unless you have informed us that your account may have been compromised.  

8.3 We use an external PSP to process payments related to orders for products received through our consumer service.  

8.4 If you are ordering using our Website, the last stage in the order process is that details about your order will be passed to our PSP. This will be clear from the details presented to you in your browser during the order process. The PSP will ask you to select one of the supported payment methods and enter relevant details regarding that payment method (for example, if paying by credit card this could include your name and address details, credit card number, expiry date of the card and the security digits on the rear of the card) in order for the payment to be processed.  

8.5 When you are using the PSP's website to enter your payment details, you acknowledge you are using a third party's website and agree to do so in accordance with the terms and conditions and privacy policy of that website. Agreeing to such use is a condition of ordering products through either our Website or our Captain Bean Coffee Support Line. 

8.6 The PSP facilitates payment from you to us using the method you select during the order process. Both we and the PSP will collect certain personal data about you during the process of placing an order. We will use that personal data in order to facilitate your order and to perform any contract that may arise between us as a result of your order. By submitting an order, you are consenting to both our PSP and us using your personal data for these purposes. These uses are in addition to any other uses of your personal data that are described in our published Privacy Policy on our Website.   

8.7 To ensure that your chosen payment method is not being used without your consent, we and/or the PSP may validate the name, address and other personal information supplied by you during the order process against the appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made.  

8.8 We will retain certain details about your order, which will include some of your personal data, for a reasonable period after you have placed your order. Our PSP will also retain certain details about your order, which will include some of your personal data, for a reasonable period after you have placed your order. This is in order to allow us to deal with any questions, issues, cancellations or refunds that may be necessary.  

8.9 All data provided by you to us as part of the order process will be treated securely and in accordance with the Australian Privacy Act 1988 (Cth).  

8.10 Our ordering and payment process is digitally encrypted using SSL technology to transfer your details to our secure server. SSL is the industry standard for secure online payment; it provides a high level of protection to you and to us and our PSP against fraudulent transactions. We will pass details of your order to our PSP using secure SSL technology. 

8.11 Should you have any questions regarding security, please contact captainbeancoffee@yahoo.com

 

9. CUSTOMER SERVICE  

9.1 We aim to provide you with an excellent service. However, should you have any comments or issues with our service, in the first instance, please contact our Campos Support Line.  

9.2 We aim to acknowledge all queries within 3 working days and deal with complaints within 5 working days. A "working day" is any day (other than a Saturday, Sunday or public holiday in South Australia, Australia).

10.1 We reserve the right to supplement and amend these Terms and Conditions for any reason at any time. It is your responsibility as a customer to review these on each occasion you access our service, whether online using our Website or by telephone using our Captain Bean Coffee support line.

10.2 We also reserve the right to suspend, restrict or terminate access to our service for any reason at any time.  

 

11. LIABILITY  

 

11.1 To maximum extent permitted by law, our maximum aggregate liability to you for our breach of these terms and conditions or relating to the Products ordered by you, is limited to the amount paid or payable for the Products under the relevant order made by you.  

11.2 Nothing in these terms and conditions excludes or limits liability for death or personal injury or loss and/or damage that is attributable to our wilful misconduct, deliberate recklessness, fraud or fraudulent misrepresentation.  

11.3 We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories, even if such losses result from our breach: 

(a) loss of profit;  

(b) loss of business;  

(c) loss of opportunity;  

(d) loss of savings;  

(e) loss of the use of money;  

(f) loss of existing or future contracts;  

(g) loss of data;  

(h) loss of goodwill; and/or  

(i) loss of reputation.  

11.4 We will not be liable for any theft or loss of or destruction to the Products once delivered to your nominated delivery address.  

 

12. TRADE MARKS & COPYRIGHT  

 

12.1 We own all the rights in the designs and information on our websites, including our Website. You may only print out parts of our Website for the purpose of ordering Products on our Website. You must not use the material on any of our websites for any other purpose.  

 

13. APPLICABLE LAW AND JURISDICTION  

 

13.1 These terms and conditions, and all matters relating to orders using our Website or our Captain Bean Coffee Support Line shall be governed by the laws of South Australia, Australia and the competent court in New South Wales, Australia shall have exclusive jurisdiction over any disputes.  

 

14. SUBSCRIPTION TERMS  

 

14.1 The Captain Bean Coffee Subscription Plan service is offered subject to these subscription terms and conditions (Subscription Terms). These Subscription Terms apply in addition to the General Terms and Conditions of Sale above. In the event of any inconsistency, these Subscription Terms shall prevail.  

 

14.2 Our acceptance of your subscription will take place when we email you to accept it, at which point a subscription contract will come into existence and the subscription contract will commence on the date that we accept your order. Your subscription contract will provide you with a recurring delivery made weekly, fortnightly or monthly (depending on the subscription chosen). Your subscription will automatically renew until cancelled in accordance with these Subscription Terms. We reserve the right to accept or refuse your subscription, to the extent permitted by applicable law.  

14.3 We will use reasonable efforts to ensure that deliveries shall be made on a recurring basis with the frequency you selected and on approximately the same date of the month. We will continue to supply the products to you until the subscription expires or you end the contract as described these Subscription Terms or we end the contract by written notice to you as described in these Subscription Terms.   

14.4 The subscription will renew on a recurring basis, depending on the subscription option you have selected. You may cancel your subscription at any time on or before your next due date for payment by logging into your account and following the cancellation procedure or by contacting the Captain Bean Coffee Support Line at least three business days before your next due date for payment. However, if we have already begun working to fulfil your subscription or we have dispatched your next subscription, you must pay for that month’s subscription.  

14.5 We may write to you to let you know that we are going to stop providing any products or subscription services. We will use reasonable efforts to let you know in advance of our stopping the supply of any product or subscription and will either substitute a similar product where possible or refund any sums you have paid in advance for products which will not be provided as part of your subscription.  

 

14.6 We may terminate a subscription contract immediately by notice if we consider that your use of the subscription services materially breaches these Subscription Terms or our General Terms or any applicable law, or you fraudulently use or misuse the subscription service. In this case, we will not be obliged to give any refund to you. We will inform you of the termination of your subscription service.  

14.7 If you have subscribed to receive our products, the subscription price (subscription fee) will be the price indicated when you placed your original subscription order. You may cancel, update or amend your subscription from time to time by logging in to your account and selecting the relevant options. Your account information will also display details about , your subscription, subscription fee and the next due date for payment. We may increase the Subscription Fee by giving at least 30 days’ notice. If you do not wish to pay the increased subscription fee, you may cancel your subscription in accordance with these subscription terms. If you do not cancel your subscription in accordance with these subscription terms, you are deemed to have accepted the increased subscription fee.  

14.8 We will automatically charge the Subscription Fee (and associated shipping costs) weekly, fortnightly or monthly (depending on the subscription chosen) on the payment date specified in your online account. You may cancel your subscription by contacting the Captain Bean Coffee Support Line at least three business days before your next due date for payment. Unless you cancel your subscription at least three business days before your next due date for payment of the subscription fee, we will automatically charge the subscription fee to your credit/debit card and deliver the subscription goods to you. Your initial registration and application for a subscription will constitute your acceptance of these terms. If your payment method becomes invalid during your subscription for any reason, or if the charge is refused for any other reason outside our control, you authorise us to use any other payment method we have on file in your account, or, if all payment methods are declined, you must provide us a new eligible payment method within 30 days or your subscription will be cancelled.