Terms of Purchase / Disclaimer
The Top Level Spring Water website is owned and operated by Top Level Spring Water Pty Ltd ( ABN:55 652 673 740 ). By accessing or using this website you agree to these terms and conditions and acknowledge and accept the disclaimers and that you have read and understood these terms and conditions. By purchasing a product or service from this website by completing the check out process, you expressly agree to be bound by these terms and conditions. Top Level Spring Water Pty Ltd - May change these terms and conditions from time to time. Any changes will be effective immediately upon being published on this website. Your continued use (via browsing and purchasing product) of this website after any changes becomes effective - constitutes an agreement by you to abide and be bound by these terms and conditions, as so to any changes.
These terms and conditions (the "Terms and Conditions") govern the use of www.toplevelwater.com.au (the "Site"). This Site is owned and operated by Top Level Spring Water Pty Ltd. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Top Level Spring Water Pty Ltd and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site. The following goods are available on our Site:
- Premium spring water and Premium Sparkling spring water.
- Wild One Beverages
- Lentini Glass Bottles
- Plant Based Milk
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our Site:
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Website Terms and Conditions Page 2 of 3 - Credit Card.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
- Shipping Freight for International Orders
- Pick up by our logistics or the purchasers logistics company for pallets through out Australia.
- Pick up by our courier of choice for either, Sydney Metro, Greater Sydney and NSW and National.
- Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please Note: That delivery times do not include weekends and public holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the
Website Terms and Conditions Page 3 of 3 legislation will apply.
Limitation of Liability
Top Level Spring Water Pty Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Top Level Spring Water Pty Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of New South Wales.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
The following 1 -8 is in accordance with our Terms and Conditions Policy:
1. PRICING
The Customer agrees to pay for the Products ordered on the Top Level Water internet site: As your purchase is internet based , No account charges are applicable or any further charges for the products you purchase. / Further charges may apply depending on freight.
There are not: Monthly accounts or payment portals available on the Top Level Water Internet site - We only accept upfront payments - for all products purchased from your shopping cart - via our stripe credit card merchant. GST is only payable where applicable, at the price specified on the initial purchase.
The price you pay for the products on our website is not inclusive of any freight charge or delivery fee, there is a seperate charge for the freight which you can see in the shipping price within the check out.
2. AGREEMENT TO OBTAIN CERTAIN INFORMATION:
The Customer Representative consents to Top Level Spring Water Pty Ltd using and disclosing its personal information for the express purposes of accepting, processing and fulfilling the Customer’s order, notifying the Customer of its order status, product research and development and assisting Top Level Spring Water Pty Ltd to improve existing customer accounts and new customer accounts.
The Customer may notify Top Level Spring Water Pty Ltd at any time if the Customer does not wish to continue receiving marketing information from TLSW Pty Ltd.
Top Level Spring Water Pty Ltd will not disclose the Customers personal information to any person unless -
Required or authorised by law for any reason, to a contracted mailing house or to another organisation providing services to TLSW Pty Ltd bound by confidentiality agreements, or to an entity that acquires the business or assets of our company.
3. DELIVERy - Freight Charges
All delivery or freight charges are assumed at the time of purchase on this web site: Your option will be determined on the location to which your purchase would be delivered. The Top Level Water - Internet options for delivery of your pallet orders depend on the location, you can choose to: Freight internationally Or / pick up for National delivery. Those options are stipulated on the internet site at the time of purchase and in most cases can not be changed. Your choice at check out will determine where the purchase will be delivered.
4. Freight of 40 Foot Container
Currently the website specifies the countries available for 40 foot container freight. If you would like the container freighted to countries not listed on the internet site, Please contact our office to discuss another international destination. We will do our best to accommodate a 40 foot container to your destination.
5.International Freight charge at check out
At check out there is a - FIXED Freight Charge of up to $20,000AU - for all International Freight. (please see the purchaser pays for all delivery charges disclaimer below) A Flat INT- Freight Fee - is added to the cart. ( this charge is for freight of 2 x pallet orders to fill a 40 foot container - which is 20 pallets in total.)
6. Pick up Option at Check out
There is no charge for Pick up at check out. A freight charge will be quoted to the purchaser in the event they do not have there own carrier for pick up. The customer has the option of using there freight service’s for Pick Up Or,
Top Level Spring Water Pty Ltd - At the request of the customer, can provide a quotation for freight, from the carrier we are using at the time Or the purchaser can advise us of the carrier they intend to use.
7. Purchaser pays for/ All Delivery Charges ( DISCLAIMER:)
All delivery charges will apply to you - The Purchaser -
International Freight fees will apply to you at purchase.
All carton purchasers delivered through out Australia, are subject to pay our company Top Level SPring Water Pty Ltd, the full amount of delivery costs.
If Our Flat fee does not cover your freight to the international destination of your choice /
our office will advise you of the remaining balance and must be paid in full as soon as the freight fee is established and booked in for pick up by the freight carrier, our website only charges for freight to international destinations , which does not include the FOB charge, this is a seperate charge for delivery of the container and packing the palletts to be delivered to the ship.
if the fee is less than - the $20,000.00au charge - you will recive a refund of the remainder of the freight fee. if you do not advise us of your carrier before purchase, for international freight, you must select the freight for international destinations at the time of purchase and pay the freight fee at check out.
The Freight Fee is automatically added to your cart at the fixed rate when ordering.
ALL National Freight is payable by the purchaser - Top Level SPring Water Pty Ltd - Do not pay for any of the freighting fees ASSOCIATED with any purchase made on our website.
Top Level Spring Water Pty Ltd - does not pay for any FOB charges for delivery from our WAREHOUSE in Victoria tothe ship, FOB is a seperate charge for pick up from the wharehouse to the ship
and is not included in the shipping fee, a seperate invoice will be provided to you for FOB charges.
All National Freight charges apply to the purchaser - if using our freight carrier at the time - must be paid in advance of delivery, with in 7 days of the initial purchase.
(there are no national freight charges added in your shopping cart at check out-
THe International Fee will adjust as you complete the purchase for all National purchases and will be deducted in your shopping cart,
your shopping cart should then display a zero fee for freight in your invoice before you process your payment.
GDPR POlicy - CUstomer Agrees to ENter into LOcal Customer Agreement.
The Customer Agrees, When purchasing from the Top Level Spring Water Website, you are entering into The Terms and definitions of our local customer agreement,
Top Level Spring Water Pty Ltd will forward to the New Purchaser a Memorandum of understanding based on the customer order, Once signed by the Customer,
A signed Local Customer Agreement will be forwarded to the Customer for the term of the agreement and the purchase price agreed upon.
no Return Policy/no refund policy
Top Level Spring Water Pty Ltd, does not accept returns, we have a strict return policy, we do not accept returns or refunds.
All items purchased are owned by the customer, we do not accept returns once dispatched to the warehouse, there are no returns accepted after purchase.
Any items purchased are under our policy guidelines, are owned soley by the purchaser and can not be returned, they will be dispatched to the details we receive on your order. Any returns are subject to our store policies and must be with in the guidelines of those policies, once dispatched we accept no responsibility for the goods sold, if refunds are deemed under our guidelines, our company reserves the right to investigate the reasons why a refund should become applicable to any customer, based on the event of damaged packaging or damaged goods, based only upon proof that damages have occurred in between delivery from the warehouse on route to the customer.
Cartons delivered on a National Basis.
Some orders do not require a signature on delivery by couriers, in most instances cartons of drinks are placed in
the purchasers address stated on there order, couriers are not required to take signature of the goods left at the purchases address.
Top Level Spring water Pty Ltd, takes no responsibility for cartons delivered to your address by our couriers, once delivered by our courier, we have NO responsibility to to the purchasers internet purchase from our website,
The customer understands,
All deliveries of cartons of drinks are delivered by courier at the sole discretion of the purchaser.
All fees for delivery are applicable to the purchaser for cartons of drinks through out Australia.
If our National website charge for shipping - Does not cover the shipping cost, we have the right to invoice the purchaser for the remaining balance,
The customer Agees to this when making the purchase on the website.
The Customer also acknowledges, that shipping destinations are sometimes not applicable as they do not meet the couriers criteria or logistics,
Therefore, the customer acknowledges that the delivery destination will be changed to a different drop off point,
in the event courier companies consider there shipping destination a regional area and where these areas are charged excessive amounts to deliver to
those drop of points,
The drop of point will be changed to a new shipping address arranged with the customer, which is considered a recognised area for delivery by the courier company.
Things You Need to Know,
We are here to help in any way possible, please contact our office, if you have any questions or need any further information when ordering from us.
International pick up and freight fees are 2 x seperate fees and can be quoted to you upon request by our carrier Mondial VSG or UPS based on the size of container, FOB fees are applicable.
We are available during business hours in Sydney Australia Mon to Fri 9 am to 5 pm.