Last updated: 28 November 2025

1. About us and these Terms
1.1 This website located at www.fortyyearscoffee.com (Website) is owned and operated by KARADUMAN, MUSTAFA MELIH ABN 80 437 179 524, trading as THE FORTY YEARS (The Forty Years, we, us, our).
1.2 Our registered business address is 1320 Main Road, Eltham VIC 3095, Australia.
1.3 These Website Terms and Conditions (Terms) govern your access to and use of the Website, including any orders you place for our products or services through the Website.
1.4 By accessing or using the Website, including by placing an order, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately stop using the Website.
1.5 The Forty Years primarily supplies products and services to customers located in Australia. We currently ship physical products only to addresses within Australia.

2. Definitions
In these Terms, unless the context requires otherwise:
2.1 Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
2.2 Customer, you, your means any person or entity that accesses the Website, creates an account, or purchases products or services from us.
2.3 Event Services means our Turkish coffee storytelling and tasting experiences, workshops and events and any other in person or on site services we agree to provide.
2.4 Goods means the physical products we sell, including without limitation Turkish coffee, gift sets, home décor items, clothing and other items and products related to Turkish culture, such as Turkish coffee gift boxes, cups, cezves, sweets, keepsakes and accessories.
2.5 Order means an order you place via the Website for Goods and/or Event Services.
2.6 Payment Processor means any third party that processes payments on our behalf, including Square Payment Systems (Square).
2.7 Privacy Policy means our privacy policy as published on the Website, as amended from time to time.
2.8 Website Content means all content on the Website, including text, images, logos, graphics, audio, video, data, software and other materials.

3. Acceptance of Terms and Website use
3.1 You agree to use the Website only in accordance with these Terms, our Privacy Policy and all applicable laws and regulations.
3.2 You must be at least 18 years of age to place an Order. By placing an Order, you warrant that you are at least 18 years old and legally capable of entering into binding contracts.
3.3 You must not:
a. use the Website for any unlawful, fraudulent or malicious purpose
b. interfere with or disrupt the operation or security of the Website
c. attempt to gain unauthorised access to any part of the Website or any systems or networks connected to the Website
d. use any automated tools or scraping technologies to access, copy or monitor the Website or Website Content, except as permitted by applicable law and these Terms.
3.4 We may suspend or terminate your access to the Website at any time if we reasonably believe you have breached these Terms.

4. Accounts and registration
4.1 We may allow you to create an account on the Website to facilitate ordering and to store your details.
4.2 When creating an account, you must:
a. provide accurate, current and complete information
b. keep your login credentials confidential
c. promptly update your details if they change.
4.3 You are responsible for all activity that occurs under your account. You must notify us promptly if you become aware of any unauthorised use of your account.
4.4 We may suspend or cancel your account at any time if:
a. you breach these Terms
b. we reasonably suspect fraudulent or unauthorised activity
c. we discontinue the account functionality or the Website.

5. Products and services
5.1 We sell physical Goods only. We do not currently sell digital products such as downloadable e booklets or other digital content through the Website.
5.2 Our Goods typically include Turkish coffee and items related to coffee, gift sets, home décor items, clothing and other items and products with Turkish culture themes, including Turkish coffee gift boxes, cups, cezves, sweets, keepsakes and accessories.
5.3 We also provide Event Services, including Turkish coffee storytelling and tasting experiences, workshops and events, which may be booked or requested via the Website, subject to availability and any additional booking terms we provide.
5.4 All Goods and Event Services are subject to availability. We may withdraw or vary any Goods or Event Services at any time without prior notice.

6. Information, pricing and currency
6.1 We take reasonable care to ensure that descriptions, images, information and prices for Goods and Event Services on the Website are accurate and up to date. However:
a. images are for illustrative purposes only and may not exactly represent the final product
b. minor variations in colour, packaging and presentation may occur
c. errors, omissions or outdated information may occasionally occur.
6.2 All prices on the Website:
a. are in Australian dollars (AUD) only
b. include GST where applicable
c. do not include delivery charges or payment processing surcharges (if applicable), which will be calculated and displayed at checkout before you finalize your Order.
6.3 We may change prices at any time before you submit an Order. Once you submit an Order, the price will not change except to correct obvious errors, in which case we will contact you before processing.

7. Orders, acceptance, cancellations and changes
7.1 You may place Orders by:
a. using the standard online cart checkout on the Website
b. requesting a custom quote or custom Order which we confirm in writing.
7.2 By submitting an Order, you are offering to purchase the Goods and/or Event Services in accordance with these Terms.
7.3 Your Order is accepted only when:
a. we receive full payment via our Payment Processor (unless we agree otherwise) and
b. we send you an order confirmation by email or other written means.
7.4 We may, acting reasonably, decline or cancel an Order (in full or in part) at any time before dispatch of Goods or confirmation of Event Services, including where:
a. Goods are unavailable
b. we reasonably suspect fraud or unauthorised activity
c. there is an error in price or description
d. you have breached these Terms.
If we cancel an Order after payment has been received, we will refund the amount you have paid for the cancelled part of the Order.
7.5 Changes or cancellations by you – Goods
a. Once an Order is submitted, it cannot be changed or cancelled by you unless we agree in writing.
b. We will take reasonable steps to assist with any requested changes before dispatch, but cannot guarantee changes will be possible.
c. We may charge a reasonable administration fee and any additional costs incurred due to changes or cancellations you request.
7.6 Changes or cancellations by you – Event Services
a. Your booking is confirmed when we accept your Order and receive any required deposit or full payment.
b. Unless we specify otherwise in writing, you may cancel or request to reschedule Event Services subject to the following standard policy:
i. 7 or more days before the scheduled event: full refund or reschedule (subject to availability)
ii. 3 to 6 days before the scheduled event: 50 percent refund or reschedule (subject to availability and any additional costs)
iii. less than 72 hours before the scheduled event or no show: no refund, and rescheduling is at our discretion.
c. We may agree different cancellation terms with you in writing for specific events or corporate bookings. Those terms will prevail to the extent of any inconsistency with this clause.
7.7 Changes or cancellations by us – Event Services
a. We may need to cancel or reschedule Event Services due to illness, venue issues, safety concerns or other circumstances beyond our reasonable control.
b. If we cancel and cannot offer a reasonably comparable alternative date or venue acceptable to you, we will provide a full refund of amounts you have paid for the affected Event Services.
c. To the maximum extent permitted by law, we are not liable for any additional costs you incur due to cancellation or rescheduling (for example travel or accommodation), except as required under the Australian Consumer Law.

8. Payment and payment processing
8.1 Payment for Orders must be made at the time of purchase, unless we agree otherwise in writing.
8.2 We accept payment through Square Payment Systems and any cards or payment methods that Square supports from time to time.
8.3 By providing your payment details, you authorise the Payment Processor to charge the total amount of your Order, including any shipping and handling charges.
8.4 All financial transactions on the Website are processed by the Payment Processor. We do not collect or store full credit card details.
8.5 You acknowledge that:
a. your use of the Payment Processor is subject to the Payment Processor’s separate terms and conditions and privacy policy
b. we are not responsible for any errors, delays or security breaches involving the Payment Processor beyond our reasonable control.
8.6 If a payment is declined, reversed or charged back, we may:
a. suspend or cancel the relevant Order
b. recover from you any reasonable costs or losses we incur as a result.

9. Shipping, delivery, title and risk
9.1 We currently ship Goods only to addresses within Australia. We do not deliver to addresses outside Australia.
9.2 Standard processing time before dispatch is 2 business days, subject to availability and order volumes.
9.3 Typical delivery timeframes are:
a. up to 7 days for all Australian states and territories except Western Australia and the Northern Territory
b. longer delivery times may apply for Western Australia and the Northern Territory and for remote or regional areas.
These timeframes are estimates only. Actual delivery times may vary due to factors outside our control such as carrier delays, public holidays and high volume periods.
9.4 Goods will be delivered using our chosen carriers, which may include Australia Post and reputable courier services.
9.5 Title to the Goods passes to you when we receive full payment of the purchase price.
9.6 Risk and Authority to Leave
a. Risk of loss or damage to the Goods passes to you on delivery.
b. Delivery occurs when the carrier:
i. hands the Goods to a person at the delivery address; or
ii. leaves the Goods at the delivery address (including at a front door, reception, or safe place) in accordance with your instructions or the carrier's "authority to leave" policy.
c. If you (or the recipient) are not present to accept delivery, you authorise us and our carriers to leave the Goods at the premises if deemed safe by the driver. We are not liable for any loss or damage that occurs after the Goods have been left at the delivery address.
9.7 You must promptly inspect the Goods on delivery and notify us within a reasonable time if there is any damage, defect or discrepancy.
9.8 Interstate Quarantine and Biosecurity
a. You acknowledge that certain Australian states and territories (particularly Western Australia and Tasmania) have strict biosecurity laws that restrict or prohibit the entry of certain biological matter, including honey, raw nuts, dried fruit, and plant products.
b. It is your sole responsibility to check the biosecurity regulations of the destination state before placing an Order. We are not responsible for any Goods that are seized, destroyed, or returned by quarantine authorities due to state restrictions.
c. If an Order is seized or destroyed by quarantine authorities, we are not required to provide a refund or replacement. If the Goods are returned to us, we may refund the product cost less shipping and any return fees, provided the Goods are in saleable condition.

10. Returns, refunds, repairs and replacements
Nothing in these Terms limits or excludes any rights you have under the Australian Consumer Law or other applicable laws that cannot be excluded.
10.1 Consumer guarantees
10.1.1 Our Goods and Event Services 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.
10.1.2 Where the Australian Consumer Law applies, our liability is limited only to the extent permitted by law.
10.2 Faulty or damaged Goods
10.2.1 If Goods are faulty, unsafe, not of acceptable quality, do not match the description or are otherwise defective, you may be entitled to a repair, replacement or refund under the Australian Consumer Law.
10.2.2 We do not typically offer repairs for Goods. Where there is a failure to comply with a consumer guarantee, we will generally provide:
a. a replacement or refund for major failures
b. a replacement or refund for minor failures, as we reasonably determine.
10.2.3 If Goods appear damaged on delivery, please contact us as soon as reasonably practicable after delivery. To help us assess the issue and work with our carrier, we may ask you to provide:
a. clear photographs of the packaging and the damaged Goods
b. details of the delivery date and any visible damage at the time of delivery.
We will not unreasonably refuse a remedy simply because you did not capture photographs or video at the exact moment of opening, but prompt evidence will assist us to resolve your claim more quickly.
10.3 Change of mind returns – Goods
10.3.1 In addition to your rights under the Australian Consumer Law, we may offer change of mind returns for certain Goods on the following standard terms:
a. you must contact us within 14 days of delivery to request a change of mind return
b. Goods must be unused, in original condition and packaging, with all tags and labels intact
c. you must provide proof of purchase
d. you are responsible for return shipping costs and risk of loss in transit back to us
e. original shipping fees are not refundable for change of mind returns.
10.3.2 For health, safety and hygiene reasons, we generally cannot accept change of mind returns for food items or perishable Goods (such as sweets and Turkish delight), or for customised or personalised products, except as required by the Australian Consumer Law.
10.3.3 We reserve the right to refuse a change of mind return if:
a. the Goods are not returned in accordance with clause 10.3.1
b. the Goods show signs of use, damage or wear not present at the time of supply.
10.4 Event Services – refunds and cancellations
10.4.1 For Event Services, our standard cancellation policy is set out in clause 7.6. Refunds will be processed in accordance with that policy, subject always to your rights under the Australian Consumer Law.
10.4.2 If Event Services are not delivered with acceptable care and skill, or do not match the description, you may be entitled to an appropriate remedy under the Australian Consumer Law, which may include a refund, re supply of the services or compensation.

11. Gift cards, vouchers, discount codes and promotions
11.1 Gift cards and vouchers
11.1.1 Where we issue gift cards or vouchers:
a. they will have an expiry date not earlier than 3 years from the date of issue, except where a longer period is required by law
b. the expiry date and any applicable fees or conditions will be clearly stated on the card or accompanying documentation
c. they are not redeemable for cash, except as required by law
d. they may be transferable to another person, unless the card states otherwise
e. lost, stolen or damaged cards will not be replaced or refunded, except at our discretion or as required by law.
11.1.2 Use of gift cards or vouchers constitutes acceptance of any additional terms and conditions we specify at the time of issue.
11.2 Discount codes and promotions
11.2.1 From time to time, we may offer discount codes, promotional offers or other special deals.
11.2.2 Unless expressly stated otherwise, discount codes and promotions:
a. are valid for a limited time only
b. apply only to eligible Goods or Event Services as specified
c. cannot be used in conjunction with any other offer, discount or promotion
d. are not transferable or redeemable for cash
e. may be subject to minimum spend or other conditions.
11.2.3 We may cancel, modify or withdraw any promotion at any time, subject to applicable law.

12. User conduct, reviews and content
12.1 The Website may allow users to submit content including reviews, comments, photos or other materials (User Content).
12.2 You are solely responsible for User Content you submit. You must ensure that User Content:
a. is accurate and not misleading
b. does not infringe the rights of any third party, including intellectual property, privacy or confidentiality rights
c. is not defamatory, obscene, abusive, harassing, hateful, discriminatory, offensive or unlawful
d. does not contain spam, commercial solicitations or unauthorised advertising
e. does not contain viruses, malware or harmful code.
12.3 By submitting User Content, you grant us a non exclusive, worldwide, royalty free, perpetual and irrevocable licence (including the right to sub licence) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit that User Content in connection with our business, including for marketing and promotional purposes, in any media now known or later developed. You unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights you may have in your User Content and waive all such moral rights.
12.4 We may monitor, moderate, edit, refuse to publish or remove any User Content at our discretion, including where we reasonably believe it breaches these Terms or applicable law.

13. Intellectual property
13.1 All Website Content, including our brand name THE FORTY YEARS, logos, product names, images, designs, graphics, text, layout, look and feel, and any other material appearing on the Website, is owned by or licensed to us and is protected by copyright, trade mark and other intellectual property laws.
13.2 Except as expressly permitted by these Terms or by law, you must not, without our prior written consent:
a. copy, reproduce, adapt, modify, publish, distribute, transmit, display, perform, create derivative works from or otherwise exploit any part of the Website Content
b. use any trade mark, logo or branding displayed on the Website
c. use any data mining, robots or similar data gathering or extraction tools on the Website.
13.3 We grant you a limited, revocable, non transferable licence to access and use the Website for your personal, non commercial use only, in accordance with these Terms.
13.4 Nothing in these Terms transfers any ownership rights in the Website Content or our intellectual property to you.

14. Third party services and links
14.1 The Website may contain links to third party websites or integrate third party services such as:
a. payment processing services (for example Square)
b. shipping and delivery services
c. booking or scheduling platforms
d. social media platforms.
14.2 These third party sites and services are not under our control. We are not responsible for their content, operation, accuracy, security or privacy practices.
14.3 Your use of third party sites and services is subject to their own terms and conditions and privacy policies. You access and use them at your own risk.
14.4 The inclusion of any third party links or services does not imply our endorsement or recommendation.

15. Privacy and data handling
15.1 We collect, use, store and disclose personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference.
15.2 By using the Website or placing an Order, you consent to our handling of your personal information in accordance with our Privacy Policy.
15.3 Our Privacy Policy is available on the Website or can be requested by contacting us.

16. Security and viruses
16.1 We take reasonable steps to maintain the security of the Website. However, we do not guarantee that:
a. the Website will be available at all times or free from interruption
b. the Website or any files downloaded from it will be free from viruses or other harmful code.
16.2 You are responsible for:
a. implementing appropriate security measures on your devices and systems
b. using up to date anti virus and anti malware software
c. ensuring that your use of the Website does not introduce viruses or harmful code.
16.3 To the maximum extent permitted by law, we are not liable for any loss or damage caused by distributed denial of service attacks, viruses or other harmful material that may infect your computer equipment, software, data or other proprietary material due to your use of the Website.

17. Limitation of liability
17.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
17.2 Subject to clause 17.1 and to the maximum extent permitted by law:
a. the Website and all Website Content are provided “as is” and “as available”, without warranties of any kind, whether express or implied
b. we exclude all warranties, representations, conditions and guarantees not expressly set out in these Terms
c. we are not liable for any indirect, incidental, special or consequential loss, or loss of profits, revenue, goodwill or data, arising out of or in connection with the Website, Goods, Event Services or these Terms.
17.3 Where our liability cannot be excluded but may be limited under the Australian Consumer Law or other applicable law, our liability is limited, at our option, to:
a. in the case of Goods: the replacement of the Goods or the supply of equivalent Goods, or the payment of the cost of replacing the Goods or acquiring equivalent Goods
b. in the case of services: the supply of the services again, or the payment of the cost of having the services supplied again.
17.4 You agree that any claim you bring against us must be brought within 2 years of the event giving rise to the claim, to the extent permitted by law.

18. Indemnity
18.1 To the maximum extent permitted by law, you indemnify us, our officers, employees and agents against all losses, claims, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with:
a. your breach of these Terms
b. your misuse of the Website or Website Content
c. any User Content you submit that infringes the rights of a third party or breaches applicable law.
18.2 This indemnity is reduced to the extent that any loss or liability is caused by our negligence or wrongful act or omission.

19. Governing law and disputes
19.1 These Terms are governed by the laws of Victoria, Australia.
19.2 If you have a concern or dispute relating to the Website, Goods or Event Services, you must first notify us in writing at info@fortyyearscoffee.com and give us a reasonable opportunity to respond and attempt to resolve the issue.
19.3 If a dispute is not resolved within a reasonable time, you and we agree to consider in good faith whether to use an appropriate dispute resolution process, such as negotiation or mediation.
19.4 Subject to any mandatory laws, you and we submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth courts of Australia with jurisdiction in Victoria.

20. Changes to the Website and these Terms
20.1 We may update, modify or discontinue any part of the Website, Goods, Event Services or these Terms from time to time.
20.2 Any changes to these Terms will take effect when they are posted on the Website, unless a later date is specified.
20.3 Your continued use of the Website or further Orders after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Website.

21. Contact details
21.1 If you have any questions, feedback, complaints or notices relating to the Website, Orders, Goods, Event Services or these Terms, please contact us at:
Business name: THE FORTY YEARS
Legal entity: KARADUMAN, MUSTAFA MELIH ABN 80 437 179 524
Postal address: 1320 Main Road, Eltham VIC 3095, Australia
Email: info@fortyyearscoffee.com
Phone: We do not currently offer a customer service phone line. Please contact us by email or via any contact form provided on the Website.