Online orders terms and conditions
3. By placing an order through our Website, you warrant that you:
(a) are at least 18 years old;
(b) are legally capable of entering into a binding contract;
(c) are residing in Australia; and
(d) agree to these Terms.
4. You may order Products by selecting and submitting your order through our Website.
5. Any order placed through our Website for a Product, is an offer by you to purchase the particular Product for the price notified on the Website (including delivery, tax and any other charges as may be applicable) at the time of your order.
7. Each order placed for Products through our Website which we accept, results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms.
8. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a) the purchase price of each Product that is ordered, which is shown on the Website at the time you place your order;
(b) the delivery charges provided to you at the time of your order, if any; and
(c) any other fees and charges set out in these Terms.
9. All fees and charges set out in Terms and all prices for the Products listed on the Website include GST (where applicable).
10. The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error.
11. Payment for all Products must be by credit card – we accept payment by Visa and Mastercard only.
12. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these Terms, once we have accepted your order, we will not change any prices that apply to the Products in that order. If:
(a) a Product that you have ordered is not available and we have not provided you with a substitute; or
(b) you cancel an order with the timeframe set out in these terms,
we will provide you with a refund within 3 – 5 business days to your card of purchase, to the value of the Product/s that were not supplied to you.
13. After ordering online, you will receive an email confirmation from us containing your order details to the email address used to place the order.
14. If a Product you have ordered is out of stock or unavailable, due to high demand or otherwise, we reserve the right to provide you with substitute Product/s.
Cancellation by us
15. We may cancel any part of an order (including those orders that we have accepted) without any liability for that cancellation at any time if:
(a) the requested Products in that order are not available;
(b) there is an error in the price of the Product or in the Product description listed on the Website;
(c) that order has been placed in breach of these terms;
16. If we do so, then we will endeavor to provide you with reasonable notice of that cancellation and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms.
Cancellation by you
Due to the nature of our business, if you intend to cancel your order, we require minimum notice of 48 hours prior to your delivery. This must be done by calling our Customer Care Team on 1800 453 669, Monday to Saturday only, or by emailing us at firstname.lastname@example.org
17. If you cancel an order within 48 hours prior to your delivery, we are not able to offer you a refund and your order will proceed to be delivered to you.
18. At present, we are unable to deliver to all areas across Australia. We will only deliver Products to a location where we provide delivery services. To find out if we deliver to your area, enter your delivery address at checkout. If we do not deliver to your area, as a precautionary measure, the Website will not allow you to proceed to complete your order.
19. You agree to provide us with complete and accurate information in respect of your delivery address, to enable us to fulfil your order that we have accepted. A delivery address may not be altered once an Order has been placed.
20. Unfortunately, we cannot give or adhere to a request for a specific delivery time. The information supplied to you as to a delivery time is an estimation only, which will be provided to you when you are placing your order.
21. Unless specific instructions are otherwise provided, our standard procedure is to deliver the Products to the front gate or front door at the address provided by you if we deem the premises safe and secure. If you ask us to deliver, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the address provided by you.
22. We accept no responsibility for loss, deterioration or damage to any Products once they have been delivered to your nominated delivery address. We note that, as a guideline, to ensure product integrity, you must place frozen Products into a freezer within three (3) hours of the time of delivery.
23. We will not be held liable for any financial or physical damages of any kind. We will not replace or provide a refund for any Products ordered by you and/or delivered to you by mistake.
24. You must notify us if you have received an incorrect Product or if you are missing a Product within 24 hours of delivery by phone on 1800 453 669. Missing Products will be refunded to you to your card of purchase. Failure to comply with these policies will result in no replacement Product or refund.
25. We reserve the right to change or alter delivery days and times, without notice.
26. Due to the nature of our Website, please note that we are not obliged to refund any payment you make to us, except as required by Law.
27. If you placed an order on our Website and have received a Product that is not what you ordered, faulty or damaged during the delivery process, you may contact us by phone on 1800 453 669 or by email on email@example.com within twenty-four (24) hours of the time of delivery to organise a refund.
28. We may require photos of the Product and/ or delivery to assist in our investigation.
29. If the Products have been opened, used or damaged after delivery, or if any attempt has been made to alter the Products, we will not offer a refund.
30. Failure to contact us within the above designated time will deem your acceptance of the delivery, which you will be charged for. We may refund payment in the event that there is a confirmed error on our end and/or you have been incorrectly charged. Any refunds will be processed to your card of purchase only.
31. You will bear all costs associated with the refusal and return of any order if there is no fault on our part. Failure to adhere to our Terms of will prohibit any refunds being issued to you.
32. We strongly recommend that you consult your Doctor prior to consuming the Products if you have any health concerns or medical conditions, to ensure they are safe for you to consume.
33. As a guideline, we recommend that these Products are not safe for you if you:
(a) have coeliac disease;
(b) require a vegan, kosher or halal diet;
(c) are pregnant (or if you have given birth in the last 6 weeks);
(d) are being treated with dialysis/ hemodialysis;
(e) have or have had anorexia, bulimia, or any other eating disorder within the last 2 years;
(f) are being treated for cancer or have treatment planned (i.e. surgery, chemotherapy, radiation, radiotherapy); and/ or
(g) have an allergy (that is serious, i.e. that may result in an anaphylactic reaction, or otherwise) or an intolerance to any of the ingredients listed for any of the Products;
34. You are responsible for:
(a) seeking professional advice as to your diet, exercise and any lifestyle change;
(b) your own health, ensuring that you regularly consult your doctor regarding the need to modify medications and/or your level of physical activity (and will inform him/her if you experience changes in your health condition while consuming our Products);
(c) ensuring you do not have any health conditions which prohibit you from consuming any of our Products.
35. It is also your responsibility to refer to the Nutritional Panel and Ingredients of each Product before purchase and consumption.
36. While we take all due care to keep allergy prone ingredients out of certain Products, please be aware they may still be present. We accept no liability whatsoever to any allergic reaction by you as a result of consuming a Product.
37. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Website or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
38. We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
39. You expressly agree that your use of, or inability to use, the service provided at the Website is at your sole risk. The service and all Products delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
40. (No Membership Required) In purchasing the Products you are not required to pay any joining fee or a membership fee and are not required to sign up to any program. The Products are offered to you to purchase as part of our new convenience menu.
41. (No other Discounts) No discounts are available (whether to our existing members (including but not limited to our VIP Members) or otherwise) on the Products available for purchase on our Website. From time to time there may be a delivery offer available, which may be used in conjunction with Product purchase.
42. (Title) Title in the Products will pass to you from the time of delivery.
43. (Disputes) Any disputes must to be lodged in writing to us at firstname.lastname@example.org explaining the details of the dispute.
44. (Events Outside Our Control) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (being a Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
45. (Third Parties) We engage third party delivery (and, from time to time, other) companies to deliver our Products to you. We are not liable or responsible for any failure by those third parties to perform, or any delay in the performance of, any of our obligations under a contract that may be caused by those third parties.
46. (Liability) To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
47. (Severability) If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
48. (Governing Law) Your use of the Website and these Terms are governed by the laws of Victoria and you submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction in Victoria.
50. (Information) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information and Products described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
51. (Reservation of Rights) We reserve the right, at any time, to:
(a) refuse service to anyone for any reason. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks;
(b) modify or discontinue the purchase of Products from our Website (whether in full or part) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Product offered. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis;
(c) limit the quantities of any Products that we offer. All descriptions of Products and/or prices are subject to change at any time without notice, at our sole and absolute discretion; and
(d) discontinue any Products at any time. If that happens, any offer for any Product made on the Website is void where prohibited.