[Conditions of Sale]

Definitions

In these Terms and Conditions:

Buyer

The person placing an order through our website.

Company, we, us, our

The House of Purulia Pty Ltd.

Consumer

An individual who buys products for personal use and not for resale.

Goods

The products specified in a purchase order placed through our website.

Terms

These Terms and Conditions of Sale.

Website

houseofpurulia.com.au

1. About us

House of Purulia is a leading purveyor of rare and exceptional food products, supplying restaurants, hotels, retailers, distributors and direct consumers. These Terms govern all purchases made through our website.

• The House of Purulia Pty Ltd, ACN 695 588 544, ABN 49 351 971 651
• Email: orders@purulia.au
• Jurisdiction: New South Wales, Australia

By placing an order with us, you agree to be bound by these Terms. Please read them carefully before purchasing.

2. Orders

2.1 Placing an order

By completing checkout on our website, you are making an offer to purchase the Goods in your cart at the prices displayed. All orders are subject to acceptance by us. We reserve the right to decline any order, either in whole or in part, at our absolute discretion.

2.2 Order confirmation

You will receive an order confirmation email once payment has been processed. This confirmation constitutes our acceptance of your order and forms the basis of our agreement with you.

2.3 Order amendments and cancellations

Orders may be amended or cancelled prior to the order cutoff that precedes your scheduled delivery date. Cutoff times are advised at checkout and on request. To request a change or cancellation, please contact us promptly at orders@purulia.au. After the cutoff, orders cannot be modified as they will have entered the packing and dispatch process. Order amendments and cancellations require our written consent.

2.4 Minimum order value

We reserve the right to specify a minimum order value from time to time. Where an order falls below the minimum, we may at our discretion fulfil the order and apply a handling or delivery fee.

2.5 No representations

The Buyer acknowledges that neither we nor any person acting on our behalf has made any representation or given any promise or undertaking that is not expressly set out in writing in these Terms, whether as to the fitness of the Goods for any particular purpose or any other matter.

3. Pricing and GST

All prices displayed on our website are in Australian dollars (AUD) and inclusive of Goods and Services Tax (GST). We reserve the right to adjust prices at any time; however, the price applicable to your order is the price displayed at the time of checkout. We reserve the right to correct clerical pricing errors without prior notification.

4. Payment

We accept payment via the methods available at checkout. Payment is processed securely at the time of order. We do not store credit card details.

If your payment is declined, your order will not be confirmed and you will need to retry with valid payment details.

4.1 Recovery of costs

Should any payment be disputed or fail to be honoured, and we incur costs in recovering or attempting to recover outstanding amounts (including legal costs on a solicitor and own client basis), those costs shall be payable by you.

5. Delivery

5.1 Delivery methods

• Sydney metropolitan area (eligible postcodes): self-delivery by House of Purulia.
• All other Australian locations: Australia Post Express Post, overnight delivery to major metropolitan areas and the next business day to remaining areas, subject to Australia Post network conditions.

5.2 Shipping fees

• Orders of $250 or more: complimentary express delivery
• Orders under $250: flat $20 delivery fee

5.3 Proof of delivery

For self-delivery orders, a signed or digitally confirmed proof of delivery (whether by you or any other person accepting delivery on your behalf) constitutes conclusive evidence that delivery has been made. It is your responsibility to ensure someone is available to receive your order.

5.4 Delivery address

You are responsible for providing a correct and complete delivery address. We are not liable for orders that cannot be delivered due to an incorrect address. Redelivery fees may apply.

5.5 Delivery timeframes

Estimated delivery timeframes are provided by Australia Post and are not guaranteed. We are not liable for delays caused by Australia Post or by circumstances outside our control.

5.6 Risk of loss

All risk of loss or damage in respect of the Goods transfers to you upon completion of our delivery obligations, being the moment we hand your order to Australia Post or complete self-delivery.

5.7 Withholding supply

We reserve the right to withhold supply, irrespective of whether an order has been accepted, where: (a) we have insufficient stock; (b) the Goods have been discontinued; or (c) we determine in our absolute discretion that fulfilment of the order is not possible or appropriate. We will not be liable for loss or damage resulting from such action.

6. Perishable goods

Caviar is a perishable product requiring refrigeration at all times. You acknowledge and accept the following:

• Products must be placed in a refrigerator immediately upon receipt.
• We pack all orders with appropriate insulation and ice packs for overnight transit; however, once delivered, it is your responsibility to store the product correctly.
• We recommend nominating a delivery address where someone is present to receive the order, particularly during warm weather.
• House of Purulia accepts no responsibility for product quality where you have failed to refrigerate the product promptly upon receipt or have stored it incorrectly.

7. Returns, refunds and Australian Consumer Law

7.1 Australian Consumer Law

Our products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms purports to modify or exclude any rights you may have under the ACL or any other applicable law.

7.2 Change of mind

Due to the perishable nature of caviar, we are unable to accept returns or provide refunds for change of mind. All sales are final except as required by the ACL.

7.3 Damaged, incorrect or faulty products

If you receive a product that is damaged, incorrect, or not of acceptable quality, please contact us at orders@purulia.au within 24 hours of receipt (time being of the essence), including:

• Your order number
• A description of the issue
• Photographs of the product and packaging

Claims not notified within 24 hours of delivery shall be deemed to have been absolutely waived, except where the ACL provides otherwise. Where a valid claim is established under the ACL or due to our error, we will offer a replacement, store credit, or refund as appropriate.

7.4 Prior authorisation required

We will not accept returns for credit without prior written authorisation from us. Any Goods returned without prior authorisation may not be accepted.

7.5 Perishable returns

Given the nature of our products, we do not require you to return perishable Goods in order to process a valid claim under clause 7.3.

8. Product descriptions

We make every effort to ensure that product descriptions, photographs, and tasting notes on our website are accurate and current. However, minor variations in appearance, flavour profile, and presentation may occur between batches due to the natural and artisanal nature of caviar production. Product photographs are for illustrative purposes only.

9. Limitation of liability

To the maximum extent permitted by law, our liability to you for any loss or damage arising from a transaction (other than liability that cannot be excluded under the ACL) is limited to the total amount paid by you for the order giving rise to the claim.

We are not liable for indirect, consequential, incidental, special, or punitive damages, including loss of profits or revenue, loss of data, or loss of business opportunity.

10. Intellectual property

All content on our website, including text, images, photography, brand assets, and trade marks (including the House of Purulia name and mark), is owned by or licensed to us and is protected by applicable intellectual property laws. You may not reproduce, distribute, or use any content from our website without our prior written consent. The sale and purchase of Goods does not confer on you any licence or rights under any intellectual property owned by us.

11. Privacy

Your personal information is collected and handled in accordance with our Privacy Policy. By placing an order, you consent to the collection and use of your personal information as described in that policy.

12. Waiver

Failure by us to insist upon strict performance of any term, warranty, or condition of these Terms shall not be deemed a waiver of those rights, nor shall any express waiver be deemed a waiver of any subsequent breach of any term, warranty, or condition.

13. Severance

If any provision of these Terms is determined to be void or unenforceable by a court of competent jurisdiction, that determination shall not affect any other provision, and all other provisions shall remain in full force and effect.

14. Entire agreement

These Terms contain the entire agreement between the parties in respect of the sale of Goods and supersede all prior discussions, representations, and arrangements. In the event of any conflict between these Terms and any other document (including any purchase confirmation or email correspondence), these Terms shall prevail unless otherwise agreed in writing by us.

15. Governing law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for any dispute arising out of or in connection with these Terms.

16. Amendments

We may update these Terms from time to time at our absolute discretion. The current version will be published on our website with the effective date noted. Continued use of our website or placement of orders after any update constitutes your acceptance of the revised Terms.

17. Contact

For any questions about these Terms, please contact us:

• Email: orders@purulia.au
• The House of Purulia Pty Ltd, ACN 695 588 544, ABN 49 351 971 651
• Jurisdiction: New South Wales, Australia