Terms of service
Below&Above Terms and Conditions
Last Updated: January 31, 2025
Introduction
Welcome to our Below&Above website. By accessing and using this website, you accept and agree to be bound by these Terms and Conditions of Use ("Terms"). These Terms govern the sale of premium truffles, wine, and related products. If you do not agree to these Terms, please do not use our website.
Definitions
"Website" refers to Below&Above
"We," "our," and "us" refers to Thella Pty Ltd as Trustee for the Klepec Family Trust trading as Below&Above, ABN 30 163 756 925
"You" and "your" refers to the user or viewer of our Website
"Products" refers to fresh truffles, wines, and related products available for purchase
"Content" refers to all materials on the Website, including text, images, videos, and other media
Use License
Permission is granted to temporarily access and view the materials (content) on our Website for personal, non-commercial use only.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time.
Prohibited Uses
You may not:
• Use this Website for any unlawful purpose
• Attempt to gain unauthorized access to any portion of the Website
• Copy, modify, or create derivative works of the Website content.
• Use the Website in any manner that could damage or impair its functionality.
• Transmit any viruses, malware, or other malicious code.
Privacy
Your use of our Website is governed by our Privacy Policy, which includes specific provisions for handling sensitive delivery information and age verification data.
Intellectual Property
All content on this Website is the property of Below&Above or its content suppliers and is protected by Australian and international copyright laws.
Our trademarks may not be used in connection with any product or service without our prior written consent.
User Contributions
By posting content on our Website, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute that content.
represent and warrant that you own or control all rights to the content you post.
Disclaimer
The materials on our Website are provided on an 'as is' basis.
We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
Limitations of Liability
To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use our Website.
Links to Third-Party Websites
Our Website may contain links to third-party websites that are not owned or controlled by us.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites.
Changes to Terms
We reserve the right to modify these Terms at any time without prior notice.
Your continued use of the Website following any changes constitutes acceptance of those changes.
Product Information
Truffles
- All fresh truffles and related products are sourced from our Below&Above Truffiere
- Product descriptions include origin, grade, and a unique harvest identification number
- Weights are as at the time packaged and may vary slightly due to the natural nature of truffles
- Photos are representative only; actual appearance may vary
Wines
- All wines are sold in accordance with Australian liquor licensing laws
- Vintage availability is as specified
- Wine descriptions, including tasting notes and ratings, are provided for information only
Pricing and Payment
All prices are in Australian dollars (AUD).
Prices for fresh and frozen truffles may fluctuate based on seasonal availability and market conditions.
Wine prices and related truffle products are as specified.
Payment must be made in full at the time of order or unless extended payment terms have been agreed with us.
Product Availability and Seasonality
Fresh Truffle availability is seasonal and subject to harvest conditions, generally from May to August.
Wine availability depends on the specified vintage.
We reserve the right to limit purchase quantities.
Presale and waitlist options may be offered for limited products.
Age Verification for Wine Sales
Under the Liquor Control Act 1988, it is an offence to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
By purchasing wine through this site the buyer confirms that they are over the age of 18 years and will comply with the above Act.
Valid photo ID is required for all wine deliveries.
We reserve the right to cancel orders where age verification fails.
All wine sales comply with the Responsible Service of Alcohol guidelines.
Shipping and Delivery
Fresh and Frozen Truffles
- Fresh and Frozen Truffles are shipped in our temperature-controlled packaging
- Express air delivery is mandatory for shipping Fresh and Frozen truffles
- We ship only on Monday-Thursday to minimise time lost on weekend transit
- Delivery timeframes are best estimates only based on the notified airline flight times.
- All products should be inspected immediately upon arrival. Credit will not be granted if unsatisfactory items are discarded or partially consumed. Please keep all packaging intact for any potential returns.
- We are not responsible for delays due to customs or air carrier or courier transport once fresh truffles have been delivered to Perth Airport.
- Please inspect your order upon receipt and contact us immediately if the truffles are defective, damaged or if you receive the wrong item, so that we can evaluate the issue and agree a course of action.
Wine Delivery
- Below&Above partners with Australia Post to deliver our wine within Australia via the eparcel service. All international shipments are via DHL Express.
- Deliveries are dispatched promptly upon receipt of full payment. Delivery typically takes between 3 and 7 business days within Australia but may vary depending on the location.
- Wine deliveries within Australia require a signature from a person aged 18 or over.
- We do not deliver to PO boxes.
- Multiple delivery attempts may incur additional charges.
Quality Guarantee
Truffles
- All fresh truffles are individually inspected before packed for shipping and all frozen truffles are individually inspected following blast freezing
- Photo evidence of damaged products is required for any potential claims
- Any refunds or replacements are at our discretion
Wines
- All wines are stored in temperature-controlled conditions until delivery
- We guarantee the authenticity of all wines sold
- Replacement or refund will be offered for any faulty wines only when returned to Us
Returns and Refunds
Due to the perishable nature of fresh and frozen truffles, physical returns will generally only be accepted for an incorrect order.
Wine returns are accepted for faulty products only.
If any Fresh or Frozen Truffles products are agreed to be returned, the original packaging and replacement icepacks are to be used via next day shipping. If perishable items are not shipped as instructed credit will not be granted.
All claims must be made within twenty-four hours of receipt of any shipment and a return authorisation will be issued. No returns will be accepted without previous authorisation.
Once the claim is received and accepted, we will ship again new items or will issue a credit only after the merchandise has been received by our warehouse. Refunds will be processed within 5 business days of pre-approved returns
Below&Above is not liable for goods damaged in transit or not received.
For any issues regarding lost or damaged orders, we recommend contacting Australia Post or the courier directly. We will provide assistance in the investigation wherever possible.
Replacement of damaged or lost goods is at the discretion of Below&Above.
License and Compliance
We hold all required licenses for the sale and distribution of wine in Australia.
Our producers liquor license number is 618 2090 25616.
We are ISO22000:2018 Food Safety Management System accredited for truffle processing and handling.
All products meet Australian import and quarantine requirements
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Australia. Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Western Australia.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Contact Information
If you have any questions about these Terms, please contact us at:
Below&Above
Email: sales@belowandabove.com.au
Phone: (+61) 0414 444 6405