Terms of service

 Cuba St Coffee Roasters
Last updated: 10 August 2026

Overview

Welcome to Cuba St Coffee Roasters. In these Terms, "we", "us" and "our" mean RA&KL HOLDINGS PTY LTD (ABN 47 661 569 188) trading as Cuba St Coffee Roasters, of 968 David Low Way, Marcoola QLD 4564.

We operate the website at cubastcoffee.com.au and our online store (the "Services"), and through them we sell coffee, drinkware, gift packs and related items (the "Products"). Our store is powered by Shopify.

These Terms of Service, together with our Privacy Policy, Returns & Refunds Policy, Shipping Policy and Purchase Options Cancellation Policy, form the agreement between you and us. Those policies are incorporated into these Terms.

Please read these Terms carefully. They include important information about your rights, our liability, and how disputes are handled. By visiting or browsing the Services, or buying any Product from us, you agree to be bound by them. If you don't agree, please don't use the Services.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (ACL) that cannot lawfully be excluded. Where any part of these Terms would do so, that part does not apply to you.

1. Eligibility and accounts

1.1 You must be at least 18 years old, or have the consent of a parent or guardian, to buy from us. If you allow a minor in your care to use the Services on a device you control, you are responsible for their use.

1.2 You may be asked to provide information such as your name, email, delivery address and payment details. You warrant that the information you give us is true, current and complete, and that you're authorised to provide it.

1.3 You are responsible for keeping your account credentials secure and for all activity under your account. Tell us immediately if you suspect unauthorised access.

1.4 You may not transfer, sell, assign or licence your account to anyone else.

1.5 We may suspend or close your account if you breach these Terms, or if we reasonably suspect fraudulent or unlawful activity.

2. Our products

2.1 We roast to order in small batches. Coffee is an agricultural product, and flavour, appearance and crop availability vary between harvests and between batches. Tasting notes are our honest description of what we taste, not a guarantee of what you will taste.

2.2 We make every effort to represent our products accurately. Colours and appearance may differ from how they look on your screen depending on your device and its settings.

2.3 Product descriptions, specifications and availability may change at any time without notice. We may discontinue any product, and may limit the quantity of any product we sell to any person or region.

2.4 Allergens and food safety. Our coffee is roasted and packed in a facility that also handles other food products. If you have a food allergy or intolerance, check the product page and contact us before ordering. Coffee contains caffeine; decaffeinated coffee contains a small residual amount of caffeine and is not caffeine-free.

2.5 Best before and freshness. Each bag is marked with a roast date and/or best-before date. Coffee is at its best in the weeks after roasting. Store it sealed, cool and away from light.

3. Orders

3.1 When you place an order you are making an offer to buy. A contract is only formed when we accept your order.

3.2 An automated order confirmation email acknowledges that we've received your order — it is not acceptance. Your order is accepted when we dispatch it, or when we tell you we've accepted it, whichever happens first.

3.3 We may decline or cancel an order, in whole or in part, for reasons including: the product is out of stock, there was a pricing or description error, we can't verify your payment or delivery details, we suspect fraud or resale, or the order breaches these Terms. If we do, we'll notify you using the contact details on the order and refund you in full.

3.4 Because we roast to order, we may not be able to change or cancel an order once it's accepted. Contact us as soon as possible and we'll do what we can. See our Returns & Refunds Policy.

3.5 Unless you have a wholesale account with us, you warrant that your purchase is for your own personal or household use and not for commercial resale. For wholesale enquiries, contact us — wholesale supply is governed by a separate agreement.

3.6 Returns and exchanges are handled under our Returns & Refunds Policy, and subscriptions, pre-orders and gift cards under our Purchase Options Cancellation Policy.

4. Prices, GST and payment

4.1 All prices are in Australian dollars (AUD) and, unless stated otherwise, include GST.

4.2 Prices exclude delivery charges, which are calculated and shown at checkout before you pay.

4.3 Prices, discounts and promotions may change at any time without notice. The price that applies is the price shown at the time you place your order, as set out in your order confirmation.

4.4 Prices online may differ from prices in our café. Promotions may have their own terms; if those conflict with these Terms, the promotion terms apply to that promotion.

4.5 Pricing errors. If a product is listed at an obviously incorrect price due to a typographical, system or human error, we are not obliged to supply it at that price. We will contact you, and you can confirm the order at the correct price or cancel it for a full refund.

4.6 Payment is processed by our third-party providers. By paying, you warrant that you are authorised to use the payment method, that the details you give are correct, and that the charge will be honoured.

4.7 We issue a tax invoice for every order.

5. Shipping and delivery

5.1 Delivery is covered by our Shipping Policy, which forms part of these Terms.

5.2 All delivery timeframes are estimates, not guarantees. They are based on Australia Post's published delivery standards and depend on factors outside our control.

5.3 Risk and title. Risk in the goods passes to you on delivery to the address you provide. Title passes when we have received payment in full.

5.4 We are not liable for delays caused by Australia Post, weather, industrial action or other events outside our reasonable control — but if your parcel is lost or damaged in transit, our Returns & Refunds Policy and Shipping Policy tell you what we'll do about it. Nothing in this clause limits your rights under the ACL.

5.5 It's your responsibility to give a correct and complete delivery address, and to arrange safe receipt of your parcel.

6. Subscriptions, pre-orders and gift cards

Recurring subscriptions, pre-orders and gift cards are subject to our Purchase Options Cancellation Policy, which sets out billing, renewal, skipping, cancellation and expiry.

7. Intellectual property

7.1 The Services and their contents — including our trade marks, brand, logos, text, images, photography, video, packaging design, tasting notes, layout and code — are owned by us or our licensors and are protected under the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth) and other applicable laws in Australia and overseas.

7.2 We grant you a limited, revocable, non-exclusive licence to access and use the Services for your own personal, non-commercial use.

7.3 You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, scrape or transmit any material from the Services without our prior written consent, except as permitted by law (including fair dealing).

7.4 "Cuba St Coffee Roasters" and our logos are our trade marks. You must not use them without our written permission. Shopify's marks belong to Shopify. All other marks belong to their respective owners.

7.5 All rights not expressly granted are reserved.

8. Reviews, feedback and user content

8.1 If you submit a review, photo, comment, idea, suggestion or other content ("Content"), you grant us a perpetual, worldwide, royalty-free, sub-licensable licence to use, reproduce, modify, publish, distribute and display it in any medium, including for marketing.

8.2 You warrant that you own or have the rights to the Content, that it is your genuine opinion, that you have disclosed any incentive or relationship that could affect it, and that it doesn't infringe anyone's rights or breach any law.

8.3 Fake, incentivised-but-undisclosed and misleading reviews are unlawful in Australia. We do not solicit them and we will remove them.

8.4 We may, but are not obliged to, monitor, edit or remove Content that we consider unlawful, offensive, defamatory, misleading, or in breach of these Terms.

8.5 We are not obliged to keep Content confidential, to pay for it, or to respond to it.

9. Acceptable use

You may use the Services only for lawful purposes. You must not:

(a) use the Services for any unlawful, fraudulent or malicious purpose;

(b) breach any law, regulation or third party's rights, including intellectual property and privacy rights;

(c) harass, abuse, threaten, defame or harm our staff or any other person;

(d) transmit false or misleading information, or impersonate anyone;

(e) send spam, chain letters or unsolicited promotional material through the Services;

(f) upload viruses or malicious code, or otherwise interfere with the operation or security of the Services;

(g) use robots, spiders, scrapers or automated data-extraction tools to access, copy or monitor the Services, except for standard search-engine indexing that respects our robots.txt and Agents that comply with clause 10;

(h) collect or track other users' personal information;

(i) resell or commercially exploit any part of the Services; or

(j) circumvent any security, access-control or rate-limiting measure we use.

We may suspend, restrict or terminate your access at any time if we reasonably determine you have breached this clause.

10. Automated agents

10.1 This clause applies if you use, deploy or enable software that accesses or interacts with the Services autonomously or semi-autonomously on your behalf (an "Agent").

10.2 An Agent must identify itself as an Agent in its user-agent string, must not conceal or disguise that it is automated, must answer truthfully if asked whether it is human, must not defeat CAPTCHAs or other human-verification measures, and must not circumvent measures we use to control automated access.

10.3 We may block, limit or condition Agent access by technical or other means.

11. Third-party links, tools and services

11.1 The Services may link to, or embed, websites, content and tools operated by third parties. We don't control them and we're not responsible for their content, accuracy or practices.

11.2 Any third-party tools made available through the Services are provided "as is" and "as available", without warranty or endorsement by us. Your use of them is at your own risk and subject to the third party's terms.

11.3 Complaints about a third party's products or services should be directed to that third party.

12. Relationship with Shopify

Our store is powered by Shopify, which enables us to provide the Services to you. Any sale you make is directly with Cuba St Coffee Roasters. Shopify is not responsible for any aspect of a sale between you and us, including any loss or damage arising from the Products you buy.

13. Privacy

All personal information we collect through the Services is handled in accordance with our Privacy Policy. Some personal information is also handled by Shopify under Shopify's Consumer Privacy Policy. By using the Services you acknowledge you have read both.

14. Errors, inaccuracies and omissions

Occasionally there may be typographical errors, inaccuracies or omissions on the Services relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct these, and to change or update information or cancel orders where information was inaccurate, at any time and without prior notice — including after you have submitted your order. Where we cancel an order for this reason, we will refund you in full.

15. Availability of the Services

We aim to keep the store available, but we don't guarantee uninterrupted access. We may suspend, withdraw or restrict all or part of the Services for maintenance, upgrades or business reasons, without liability to you.

16. Consumer guarantees and warranties

16.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

16.2 Subject to clause 16.1 and to the extent permitted by law, the Services and all information on them (but not the Products) are provided "as is" and "as available", and we exclude all other representations, warranties, conditions and guarantees, whether express or implied.

16.3 Information published on the Services — including brewing guides, origin information and tasting notes — is general in nature and provided for information only. Any reliance you place on it is at your own risk.

17. Limitation of liability

17.1 Nothing in these Terms limits our liability where it cannot be limited by law, including under the ACL, or for fraud, death or personal injury caused by our negligence.

17.2 Where goods or services we supply are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and our liability for a failure to comply with a consumer guarantee can lawfully be limited under section 64A of the ACL, our liability is limited, at our option, to: replacing the goods, supplying equivalent goods, repairing the goods, paying the cost of replacing or repairing the goods, or refunding the price you paid. This clause does not apply to coffee, drinkware, apparel, gift packs or any other goods ordinarily acquired for personal, domestic or household use — for those Products your full rights under the consumer guarantees apply, and where the failure is major you choose between a refund and a replacement.

17.3 Subject to clauses 17.1 and 17.2, and to the maximum extent permitted by law:

(a) we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, savings, business opportunity, goodwill or data, however arising; and

(b) other than our liability under the consumer guarantees in the ACL (which is not capped), our total aggregate liability to you in connection with the Services is limited to the amount you paid us for the relevant order.

17.4 We are not liable for any failure or delay caused by an event beyond our reasonable control, including natural disaster, fire, flood, pandemic, industrial action, carrier failure, power or network outage, or government action.

18. Indemnity

To the extent permitted by law, you indemnify us and our affiliates, officers, employees, agents and contractors against any loss, damage, liability, cost or claim (including reasonable legal costs) arising from (a) your breach of these Terms, (b) your breach of any law or any third party's rights, or (c) your use of the Services — except to the extent the loss was caused by our own negligence or breach.

We will notify you of any claim we seek to be indemnified for, and will not settle a claim that imposes non-monetary obligations on you without your consent (not to be unreasonably withheld).

19. Termination

19.1 We may terminate this agreement or your access to the Services at any time, with notice where reasonably practicable. You remain liable for any amounts owing up to termination.

19.2 The following clauses survive termination: 7 (Intellectual property), 8 (Reviews, feedback and user content), 13 (Privacy), 16 (Consumer guarantees), 17 (Limitation of liability), 18 (Indemnity), 19 (Termination), 21 (Governing law) and any other clause that by its nature should survive.

20. General

20.1 Severability. If any provision is found unlawful, void or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in force.

20.2 Waiver. Our failure to enforce any right or provision is not a waiver of it.

20.3 Entire agreement. These Terms and the policies referred to in them are the entire agreement between you and us about the Services and the Products, and supersede any earlier agreements or representations.

20.4 Assignment. You may not assign or transfer your rights under these Terms without our written consent. We may assign or transfer ours, including in connection with a sale of the business.

20.5 Notices. We may send notices to the email address on your order or account. You can reach us at the address in clause 23.

20.6 Headings. Headings are for convenience only and do not affect interpretation.

20.7 Interpretation. No rule of construction applies to the disadvantage of a party because that party drafted these Terms.

21. Governing law and jurisdiction

These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.

Nothing in this clause prevents you from bringing a claim, or making a complaint to a regulator, in the state or territory where you live.

22. Changes to these Terms

You can always review the current version of these Terms on this page. We may update, change or replace any part of them by posting an updated version. Where a change is material, we will give notice as required by law. Your continued use of the Services after a change takes effect means you accept it. Changes do not apply retrospectively to orders already accepted.

23. Contact us

RA&KL HOLDINGS PTY LTD
Trading as Cuba St Coffee Roasters
ABN 47 661 569 188
968 David Low Way, Marcoola QLD 4564
Email: info@cubastcoffee.com.au
Phone: +61 434 162 786