Terms and Conditions
In these Terms, 'us', 'we' and 'our' means LK Hospitality Pty Ltd trading as Yugen and our related bodies corporate.
1. Accuracy, completeness and timeliness of information
The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
You may browse the online ordering service and submit orders as a guest. When checking out, you will be required to provide your details including your address and payment details. We will not store these details on your guest account for future orders.
The prices published on the Website will apply to the ordered products. All prices stated on the online ordering platform are inclusive of GST.
The online ordering service may allow you to apply certain available discounts or promotions to orders submitted via the online ordering feature. However, if you wish to take advantage of one of our discounts or promotions which cannot be claimed via our website, please call Yugen Tea Bar directly to place a telephone order.
We reserve the right to refuse an order or alter the agreed price if an incorrect price was given due to an error, software malfunction or interference with the website.
You must pay for the products at the time of submitting your order using an approved payment method. Approved payment methods including major credit cards.
The payment will be processed by us immediately and will be debited from your account in the timeframe set by your card or account provider.
If we are unable to authorise your payment via the selected payment method at check out, you will be alerted and your order will not be processed.
3. Changes and Cancellations by you
Faulty product returns
We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, or the product does not match its description or perform its function, please contact email@example.com as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible.
In order to assist the return process, you may be required to send us images of the damage, defect or fault for assessment or other details as reasonably required. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.
If the product is confirmed to have a defect, we will replace or repair the product (if repair is reasonably possible) or refund the price of the product to your original payment method, as appropriate.
If the product is confirmed to have a major defect, you are entitled to elect whether you want us to replace or repair (if repair is reasonably possible) the product or refund the price of the product to your original payment method.
It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
Without limiting your rights under these terms or the Australian Consumer Law, no change of mind changes or cancellations will be accepted for perishable foods (other than unopened pre-packaged teas) after receiving the order confirmation.
Teas and tea-ware
In addition to your rights in relation to faulty products and subject to the restrictions set out below, you can return any fully price (non-sale price) product (including unopened pre-packaged teas) within 14 days or receipt of the order confirmation email:
- if the goods are not sale items;
- if the goods are unused and in a saleable condition with the original tags still attached; and
- in the original packaging, which must be in the original condition, including sealed boxes, branded dust bags and shoe boxes.
To ensure these returns are assessed and processed swiftly, please follow the instructions set out under ‘How do I return an item’.
Upon receiving and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with these Terms, we will refund the price of the product returned to your original payment method.
Other than in a case of a faulty product, we will not refund any delivery fees that you have paid at purchase to have the product shipped to you, or the cost of any packaging you provide to send the items back to us.
How do I return an item?
We make to make sure that you are 100% happy with your purchase.
If you would like to make a return or exchange in accordance with these Terms, you may return or exchange the product:
- at the Yugen Tea Bar store, you can pop into Yugen Tea Bar, 605 Chapel Street , South Yarra VIC 3141 (located inside Capitol Grand) during business hours. Please ensure you that you include a copy of your receipt; or
- via the website, please contact our customer service team by emailing firstname.lastname@example.org. Please ensure that you have your order number.
Please note that other than for confirmed faulty products, we do not cover postage costs.
Once we receive and process your return, you will receive a confirmation email that your refund has been processed. Once processed, you will receive your refund within 10 business days.
Nothing in these Terms are intended to exclude any rights relating to faulty product returns or any of your statutory rights as a consumer under the Australian Consumer Law.
If we allow you to cancel or change your order, your original payment will still be processed. Our customer service team will then determine whether you are eligible for a refund in accordance with these terms.
We reserve the right to conduct and implement fraud detection processes, including validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may ask you to confirm additional details, or rescind the transaction. In this case, your order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information, your order will be cancelled and payment returned, if applicable, to the method you originally paid.
Changes & Cancellations by us
If we are unable to fulfil your order due to unforeseen circumstances, or if one of the products is no longer available, we may contact you to cancel or vary your order.
In such a case, we will determine whether it is appropriate to:
- replace the unavailable item with another item of a similar value;
- provide a partial refund of the price of the unavailable item;
- cancel the entire Order and provide a full refund; or
- provide another form of compensation that we deem appropriate.
Any approved refunds will be handled by our customer service team as set out in these Terms.
Perishable foods – collecting your order
Please arrive at the Yugen Tea Bar located at 605 Chapel Street , South Yarra VIC 3141 (located inside Capitol Grand) at the pickup time and let a member of the team know the name attached to the order.
To collect your order, a member of our team will require you to present your order confirmation.
We will endeavour to have your order ready to collect at the pickup time, but please be patient if there is a short wait due to high demand at the time.
Teas and Tea-ware
In addition to having the option to collect your order at the Yugen Tea Bar, for teas and tea-ware, we offer regular and express delivery through Australia Post.
We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we can’t absolutely guarantee firm delivery dates or times. To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
We will aim to leave the order at the address advised by you at the time of purchase. You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us.
Our delivery partners may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.
By default, you provide authority to leave items at the address specified in your order. If the delivery driver, in their discretion, deems the area unsafe, your order will be redirected to a collection point, redelivered in the next delivery run (where available) or returned back to our fulfilment centre. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- charge you for our reasonable storage fees and other costs reasonably incurred by us; or
- no longer make the product available for delivery or collection and notify you that we are cancelling the applicable order, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).
Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
In addition to the rights and remedies you may have as a consumer under relevant law including the Australian Consumer Law, if you are not happy with your experience please contact us at email@example.com and we will work to resolve your concerns.
Any complaint must be submitted to our customer care team for consideration within 48 hours after the pickup time. Our team will review your request and get back to you as soon as possible on how we propose to rectify your experience.
Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These rights may be available beyond the rights provided in these Terms.
No resale or third party providers
The online ordering service is only open for orders made on a direct to customer basis. Orders are only accepted on the condition that the person who places the order must collect the order in person for the purposes of private consumption. You must not resell or resupply any products ordered via the online ordering service to a third party.
We may refuse, without any refund, any order submitted via the online ordering service which we reasonably believe has been made by or through a third party delivery business.
4. Gift Cards
You may use vouchers or gift cards as payment on the website. We may email vouchers and electronic gift cards to you. We accept no liability for errors in the email address provided to us. We assume no liability for the loss, theft or illegibility of vouchers. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of vouchers or gift cards on the website, we are entitled to cancel your purchase and/or require a different means of payment.
You may purchase gift cards for use on the website by you or other customers. You are responsible for the use and safety of your gift cards. We are not responsible for any loss or damage resulting from gift cards used without permission. Gift card purchases may be subject to security checks from time to time, resulting in a longer processing time.
Gift cards are valid for 3 years from the date of purchase. Any balance that remains after the 3 years will not be available for use. The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash. Gift cards cannot be used to buy further gift cards.
If you place an order less than the value of the gift card, the residual credit can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means.
If an order made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as a store credit only. Gift cards are applied on a pro rata basis to each product in an order for the purpose of establishing refund values.
5. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
6. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on these Terms and where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
7. No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
8. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
9. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the fullest extent permitted by law, (and save as otherwise expressly set out in these Terms), LK Hospitality Pty Ltd, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the website, including but not limited to such loss, damage or injury arising out of the following:
- using this website;
- purchasing and/or using any product(s) from the website;
- any errors or omissions from any information on this website including typographical or photographical errors;
- any technical malfunction, error, omission, interruption, interference, communications line failure, deletion, defect, delay, virus, bug, tampering, theft or destruction or unauthorised access to the website;
- any injury or damage to any person’s computer related to accessing or downloading any materials from this website; or
- a failure or omission on the part of LK Hospitality Pty Ltd to comply with its obligations under these Terms.
To the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), LK Hospitality Pty Ltd:
- does not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained on the website, or the accuracy, reliability or completeness thereof; and
- expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on this website.
To the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorised intervention, fraud, technical failures, theft or destruction, or unauthorised access to or alteration of any information provided by a website user.
You hereby waive, release and hold harmless LK Hospitality Pty Ltd, its directors, employees, agents and representatives from and against any and all actions, claims, suits, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) that you may have or would have had in connection with, or arising out of, or incidental to, your access to or purchase from this website and your use of any products advertised therein (save as otherwise expressly set out in these Terms).
Consumer protection laws such as the Australian Consumer Law imply certain guarantees into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms. Nothing in these Terms excludes, modified or limits such statutory guarantees. Save as otherwise expressly set out in these Terms, if Krispy Kreme breaches any such statutory guarantees then its liability for the breach is, where permitted by law and at Krispy Kreme’s election, limited to:
- in the case of goods — the repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing this; or
- in the case of services — the re-supply of the services or payment of the cost of doing this.
You indemnify LK Hospitality Pty Ltd, its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using this website and/or purchasing and using any product(s) advertised on the website.
12. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.