Terms and Conditions


In these terms and conditions, “we” “us” and “our” refers to Emme Mac Black trading as The Branded Coffee Co.  Your access to and use of all information on this website and your purchase of any of our product/s is provided subject to the following terms and conditions. 

We reserve the right to amend this Notice at any time and your use of the website and/or purchase of our products following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website and/or purchase any of our products you read these terms and conditions.

Your personal details

  1. Where you sign up for our newsletter, purchase the products provided on this website as a guest or register a customer account with us, you share certain personal details with us.

  2. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide us with on signing up for our newsletter, on registration of a customer account with us or when you purchase our products as a guest.

  3. We reserve the right to terminate your access to this website, our newsletter and/or your customer account with us, at any time if you breach these terms and conditions.

Product Descriptions

  1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.

  2. Where we become aware of any misdescription, we will take reasonable steps to correct any error or omission.

  3. Images of our products have been provided for illustrative purposes only and we do not guarantee that any product image will reproduce the product in true colour nor that any given product image will reflect or portray the complete design of that product.

Product Orders

  1. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

  2. All prices are in Australian Dollars (AUD) and are exclusive of GST and are included here [insert shop hyperlink] and we reserve the right to amend our prices at any time.

  3. We undertake to accept or reject your product order as soon as possible depending on availability of stock and within a maximum of five (5) days. If we have not responded to you within five (5) days, your product order is deemed to be rejected.

  4. We generally only reject product order requests where we do not currently have the product in stock and will endeavour to notify you accordingly.

  5. Please be aware once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your order request is still pending.

  6. Postage is an additional charge, calculated at time of purchase with further details of the postage options set out in our delivery FAQs [insert hyperlink].

  7. All risk of loss or damage to our products passes to you when we despatch our products for delivery. Depending on the product you order, at the time of purchase we may give you an option to take out carrier insurance to cover the risk of loss or damage to the particular product during transit/delivery - see our delivery FAQs [insert hyperlink] where this applies.  

  8. Title in the ordered products passes to you when we have received payment. Our  payment terms are set out in payment FAQs.

Product Returns

  1. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition.

  2. If you wish to return a faulty or damaged product, you must notify us through our Contact Us and we set out our further requirements relating to return of such faulty or damaged products in our returns FAQs [insert hyperlink].

  3. If we are unable at the time of return of a faulty or damaged products to replace such faulty or damaged products, we undertake to reimburse you for the amount you initially paid for your purchase of the products including any postage charges for such products.

  4. Please note given the nature of our coffee products, we do not offer refund or exchange of our coffee products for a simple change of mind – our returns FAQs provide further details of our change of mind policy.

Statutory Guarantees and Warranties to Consumers

  1. Section 3 of Schedule 2 of the Competition and Consumer Act 2010 (Competition and Consumer Act) defines a Supplier and a Consumer for the purpose of statutory guarantees and warranties in respect to Consumer Goods.

  2. If for any products you purchase from us, you are defined as a Consumer and we are considered a Supplier within the meaning of the Competition and Consumer Act, we give you all relevant statutory guarantees in respect to those products which you order from us which amount to Consumer Goods as those statutory guarantees are set out in the Competition and Consumer Act:

    1. including, for example, we guarantee that such products are of acceptable quality; fit for all the purposes for which goods of a similar kind are commonly supplied; free from defects, safe as set out in any prescribed safety standards and durable; and

    2. if at the time of supply of such products to you they are defective then, at our option:

      1. we will repair or replace the products or any part of them that is defective; or

      2. wholly or partly refund you the cost of those products.

Limitation of Liability

  1. If you are not a Consumer within the meaning of Schedule 2 of the Competition and Consumer Act then:

    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods again or refund of the amounts paid by you for those goods.

    2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from the goods we have supplied.

  2. If you are a Consumer within the meaning of the Competition and Consumer Act then this limitation of liability has no effect whatsoever to in any way limit our liability to you as a Consumer or your rights.

Website Use

  1. When you visit our website, we give you a limited licence to access and use the content we include on our website for personal use only.

  2. You are permitted to download a copy of the factual information on this website relating to our Products, for example, general product use information and FAQs (Product Facts) and any legal terms including these Website and Purchase Terms and our Privacy Policy (Legal Terms), to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our Product Facts and our Legal Terms in any other way infringes our intellectual property rights.

  3. Except as set out in section 25 or as permitted under the Copyright Act 1968 (Cth) you are not permitted to copy, reproduce, republish, distribute or display any of our website content including any other information, images, pictures, marks, designs, testimonials or other copy on this website (Website Content) without our prior written permission.

  4. The licence to access and use the Product Facts and our Legal Terms on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Intellectual Property Rights

  1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

  2. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are owned by TBCC Pty Ltd by us apart from the Nespresso® trade mark. Nespresso® is a registered trademark of Société Des Produits Nestlé S.A. and neither that company nor its affiliates have manufactured or endorsed our products in any way. The Branded Coffee Co is not affiliated with Société Des Produits Nestlé S.A. or its affiliates. Your access to our website does not license you to use any of our marks in any commercial way without our prior written permission or the Nespresso® registered trademark.


  1. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.

  2. Any third party content or hyperlink on our website to a third party website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

  3. Any such links hyperlinks to other websites are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

  4. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.


  1. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. 

  2. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

  3. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.


  1. To the extent permitted by law, any general condition or warranty which may otherwise be implied into these terms and conditions relating to your use of this website is excluded.

  2. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.


  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

  1. If a Force Majeure event causing delay continues for more than thirty (30), we may terminate this Agreement by giving at least seven (7) notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.


  1. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.

  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.


  1. We undertake to take all due care with any information which you may provide to us when accessing our website including if you register a Customer account, order our Products and/or sign up for our newsletter.

  2. We do not, however warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

  3. Our use of your information and compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed at to Privacy Policy