Terms & Conditions
Terms & Conditions
These Terms and Conditions govern the use of Crooked Creek’s website and the purchase of any goods from it. The website is owned and operated by Solcity Pty Ltd (ABN 45 064 191 215). Should you have any questions, please contact us prior to ordering from this website.
Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). Crooked Creek reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of Crooked Creek in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Crooked Creek be limited to: in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
The information contained on the website is provided by Crooked Creek in good faith. To the best of Crooked Creek’s knowledge, the information is accurate and current. However, Crooked Creek and any of their directors, officers, employees, consultants do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, Crooked Creek disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Crooked Creek makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements. You expressly acknowledge and agree that Crooked Creek does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Crooked Creek is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with Limitation of Liability, Crooked Creek will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
Copyright in the Crooked Creek website is property of Solcity Pty Ltd. All material on this website also comprises copyright material which are the property of Solcity Pty Ltd. This property may only be used for the purposes of browsing the Crooked Creek website and acquiring goods and services of Crooked Creek.
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from Crooked Creek or create a membership account with us, we may require you to provide your name, address, e-mail address or other details (customer information). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Crooked Creek with current, complete and accurate customer information when asked to do so by the website or an employee of Solcity Pty Ltd trading as Crooked Creek.
At no time do we record your credit card information. When you purchase goods from the website, your payment details are processed by our secure gateway Paypal.
The products and services described in this website are only available to delivery within Australia. Orders may be placed overseas for delivery to Australia. We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders at our sole discretion at any time.
User Name & Password
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You agree to release and indemnify Crooked Creek in relation to any liability arising out of the unauthorised use of your username and/or password.
We always aim to have stock of the full range of our products, however from time to time, items may become unavailable. Should you order an out of stock item, an alternative or a refund will be offered.
We use Australia Post and courier services for our deliveries, and the costs are added to your order at the checkout. Included in the shipping cost is a small contribution towards costs associated with packaging. We will always aim to despatch your goods within 5 days of receipt of your order. We take a huge amount of time and care when packaging your order, to ensure goods arrive in the best condition possible. Please be aware that sometimes damage will occur in the post (ie broken biscuits) however this will not affect the taste of the product.
Please notify us within 48 hours of delivery if there are any problems. If we have made a mistake, we will correct the error at our cost or offer a reasonable solution. If you change your mind, we are unable to refund your goods.
Trademarks, Copyrights and Restrictions
All material on this site, including, but not limited to images, illustrations, and information is protected by copyright, and other intellectual property rights which are owned and controlled by Crooked Creek. Material on this site is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Crooked Creek.
All care is taken to ensure that Crooked Creek website and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.