Terms & Conditions Of Sale

These Terms & Conditions constitute an agreement between you and the Homemade Kombucha Co. (ABN 851 691 832 33). This agreement states the Terms & Conditions under which you may use the site and place orders with the Homemade Kombucha Co., including processing and delivering of products for sale.

Your use of Homemade Kombucha Co’s ordering services and the site constitutes your agreement to the terms and conditions set forth below. If you do not agree with the terms and conditions, please do not use this website.

Any orders placed through our website for products sold by the Homemade Kombucha Co. constitute complete understanding and acceptance of these Terms & Conditions.

Orders & Refunds

Placing orders

Orders are to be placed online through our website using either PayPal or Stripe as a payment method.

Forms of payment

We accept online credit card payments through Stripe and payment through PayPal.

For your security we do not accept payment information via email

Invalid payments

Homemade Kombucha Co. will not process orders that use an incorrect, expired or over-the-limit credit card.

Order processing time

Orders are filled in the order they are received and will not ship until payment has been received by the Homemade Kombucha Co.

The Homemade Kombucha Co. reserves the rights to hold orders until payment is received, or cancel any outstanding orders at the Homemade Kombucha Co.’s complete discretion.

Once payment is received we will strive to process all orders within five business days (Monday to Friday – excluding holidays). However, orders that include a SCOBY do require substantial time to produce the order – it is reasonable for the order to take 7-10 business days before being processed and dispatched to you.

The Homemade Kombucha Co. will always do it’s best to communicate with you about the status of your order and expected delivery date.

Cancellation & order changes

Once an order has been accepted and dispatched for shipping, no cancellations or modifications are possible. If you wish to add to your order once the initial order has been processed, the Homemade Kombucha Co. reserves the right to treat any addition as a second order incurring additional shipping charges.

If the Homemade Kombucha Co. deems that we cannot fulfill an order – we may cancel the order at our complete discretion and issue you with a full refund.

If the Homemade Kombucha Co. has indicated to you in writing that an order will exceed a processing and dispatch time of more than 10 business days – you may cancel your order and receive a refund.

Refund Policy

Products (excluding SCOBYs) may be returned to the Homemade Kombucha Co. within 7 business days of purchase provided that they are new, unused and in condition for resale in exchange for a full refund less any shipping charges.

You are responsible for the cost of returning any products to the Homemade Kombucha Co.

You are responsible for the insurance and condition of any products returned to the Homemade Kombucha Co. A refund will not be issued for any goods that were returned to the Homemade Kombucha Co. but damaged or lost in transit. For this reason, we recommend you insure any items you return, at your own expense.

A SCOBY cannot be returned and cannot be refunded under any circumstances.

If any product you receive has been damaged or is defective – please contact us directly so we can assist.

Product availability

At Homemade Kombucha Co. we maintain high standards in all our brewing processes to deliver you the highest quality SCOBYs. Although our goal is to fulfil 100% of orders, given the perishable nature of a SCOBY, from time to time product may be unavailable as stock levels are rebuilt or due to other circumstances beyond our control.

The Homemade Kombucha Co. may cancel and refund any orders that the Homemade Kombucha Co. deems are undeliverable.

The Homemade Kombucha Co. does not accept liability for any orders placed that are not fulfilled.

Resellers

Customers wishing to purchase Homemade Kombucha Co. products for resale purposes must seek approval from the Homemade Kombucha Co. beforehand.

By purchasing from the Homemade Kombucha Co. you agree to a non-compete with the Homemade Kombucha Co. regarding the sale of Kombucha SCOBYs & Kombucha brewing accessories, and agree that any breach of this agreement deems you liable for damages.

Charge reversals

Any charge reversals instigated through a financial institution by the customer for any delivered goods will be disputed at the customer’s expense unless they have purchased shipping insurance.

Shipping

Shipping methods and cost

All orders will be shipped with Australia Post. The customer will be charged a flat rate of $10 shipping and handling for small items under a combined weight of 500g or $20 for large items exceeding 500g. In the instance that a customer decides to purchase multiple kombucha kits – the flat rate of $20 will apply to each kombucha kit for shipping and handling.

Any delivery tracking information provide to the Homemade Kombucha Co. by Australia Post will be forwarded onto the customer.

International shipping

The Homemade Kombucha Co. does not ship internationally at this time.

Risk of loss

All orders are are pursuant to a shipment contract meaning that the risk of loss and title for such orders pass to you once the Homemade Kombucha Co. has delivered the order to a shipment carrier.

This risk of loss is offset when shipping insurance has been purchased.

Shipping Insurance

All orders have the option of purchasing shipping insurance to offset the risk of any damage to fragile or perishable items during transit.

This shipping insurance is designed to cover damage such as – broken glass during transit, a ruptured SCOBY pack during transit and/or damage to other contents of the package during transit.

If you have purchased shipping insurance for your order and need to make an insurance claim, please send us photos showing the packaging, the damage and your order information within 48 hours of order delivery. Insurance claims may be rejected if the claim has been lodged more than 48 hours after delivery.

Once the claim has been accepted by the Homemade Kombucha Co., we may either refund the order to the full cost of the damaged items (excluding any non damaged items) or dispatch a replacement order at no charge to you.

A replacement order may take up to 14 business days to be dispatched after the claim has been received, processed and accepted.

Delivery/order arrival

SCOBYs are sensitive to extreme temperature and should be removed from the shipping box immediately and placed in a cool dry dark place. SCOBYs will not last more than a few days in a vacuum packaged environment – they must be opened and stored appropriately with an oxygen supply after the order has been delivered.

Other Terms & Conditions

Health Risks

The SCOBYs and starter tea culture are not sold for direct human consumption and must not be used in this way under any circumstances. The Homemade Kombucha Co. accepts no liability for any sickness, injury, death or any other harmful event attributable to direct human consumption of the SCOBY or starter tea culture.

Privacy

We will not share your information with any third party except as required by law or as necessary to complete an order placed by you with the Homemade Kombucha Co. All information collected on this site will be kept strictly confidential and will not be sold, reused, rented, disclosed or loaned to any outside entity.

Product information

We make every effort to provide you with accurate information that is complete, reliable and up to date.

It is common for SCOBYs to differ in appearance in terms of colour, shape, size and texture so it is unlikely the product will look identical to the images used on the Homemade Kombucha Co. website and social medial platforms.

Electronic communication

By providing your email to the Homemade Kombucha Co. you consent to receive communications from us electronically. The Homemade kombucha Co. may send occasional emails about orders, news, changes to services, surveys or special offers.

If you wish to opt out of receiving these email please send us an email stating that you do not which to receive promotional communications. If you do opt out, you will continue to receive non-promotional communication regarding the status of your orders or account.

License and proprietary rights copyright and ownership

All site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to the Homemade Kombucha Co.

Consent is granted to view, electronically copy, and print in hard copy portions of this site for the sole purpose of placing an order with the Homemade Kombucha Co. Any other use of materials on this site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Homemade Kombucha Co. is strictly prohibited.

You acknowledge that the Homemade Kombucha Co. and/or third-party providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. The Homemade Kombucha Co. reserves the right to revoke this authorisation at any time, and any use shall be discontinued immediately upon written notice from the Homemade Kombucha Co.

Under any breach of these terms regarding intellectual property, you agree to complete liability for damages pursued by the Homemade Kombucha Co.

Your account and personal details

You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. You can update your account information by contacting us. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to the Homemade Kombucha Co., and accept responsibility for all activities that occur under your account or password and for restricting access to your computer.

Entire agreement

This Agreement and any order form submitted to the Homemade Kombucha Co. represent your entire agreement with the Homemade Kombucha Co. regarding the use of the Homemade Kombucha Co. services, products, and Site. You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, the Homemade Kombucha Co. and any related entity under common control. If any portion of this agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right.

Notices

The Homemade Kombucha Co. may give notice to you of a change in this agreement, a change in the Homemade Kombucha Co. cost schedule, and any other matter through a general posting on the Homemade Kombucha Co. site, by email or by social media.

Amendment

The Homemade Kombucha Co. may amend this agreement at any time by posting the amended terms on our site. All amended terms shall automatically be effective seven days after they are initially posted on our site. By using this site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current agreement to which you are bound

Warranty Disclaimer & Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE HOMEMADE KOMBUCHA CO., THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE HOMEMADE KOMBUCHA CO., THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE HOMEMADE KOMBUCHA CO. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE HOMEMADE KOMBUCHA CO., THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE HOMEMADE KOMBUCHA CO. ONLINE ORDERING SERVICE; THE HOMEMADE KOMBUCHA CO. DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. THE HOMEMADE KOMBUCHA CO. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE HOMEMADE KOMBUCHA CO. ONLINE ORDERING SERVICES. THE HOMEMADE KOMBUCHA CO. DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER THE HOMEMADE KOMBUCHA CO. NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE HOMEMADE KOMBUCHA CO. ONLINE ORDERING SERVICE, OR THE INTERNET.

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE HOMEMADE KOMBUCHA CO. ONLINE ORDERING SERVICE AND TO TERMINATE THIS AGREEMENT. THE HOMEMADE KOMBUCHA CO. RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.