Kylie’s Gourmet Tucker
ABN 99 891 748 672
TERMS AND CONDITIONS
1. INTERPRETATION
ACL means The Australian Consumer Law set out in Schedule 2 of the Competition & Consumer Act 2010 (Cth);
Agreement means the agreement between the Supplier & Customer for the supply of Goods as constituted by these Terms and Conditions;
Terms and Conditions means the terms & conditions of trade as set out in this document;
Customer means the person or entity who acquires Goods from the Supplier;
Consequential Loss means loss of revenue, profits, anticipated savings or business opportunity and any form of consequential, special, indirect, punitive or exemplary loss or damages;
Delivery Address means the address the Customer requests the Goods to be delivered;
Delivery Radius means a radius of 70km from the Supplier’s Premises;
Force Majeure Event means any event or circumstance which is beyond the reasonable control of the effected party which results in, or causes, the failure of that party to perform any of its obligations under these Terms and Conditions;
Goods means the goods ordered by the Customer from the Supplier;
GST has the meaning prescribed to it in the A New Tax System (Goods & Services Tax) Act 1999 (Cth) (as amended);
Law means any federal, state or local statute, ordinance, rule, regulation or standard, & includes the ACL, as amended from time to time;
Order means an order by the Customer for the supply of Goods;
Price means the price for the Goods;
Supplier means Kylie’s Gourmet Tucker ABN 99 891 748 672;
Supplier's Premises means the place from which the Goods are despatched for delivery to the Customer;
Website means www.kylie'sgourmettucker.com.au
2. PURPOSE & APPLICATION
2.1. These Terms and Conditions apply to, and are expressly incorporated into, any contract for the supply of Goods by the Supplier to the Customer.
2.2. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia.
2.3. These Terms and Conditions are deemed to be accepted by the Customer upon the Customer placing an Order with the Supplier.
2.4. Nothing in these Terms and Conditions is intended to exclude, restrict or modify rights which the Customer may have under the ACL or any other Law. If any provision of these Terms and Conditions is invalid under the ACL or any other Law, that provision is enforceable to the extent that it is not invalid, and if it is not possible to give that provision any effect at all, then it is to be severed from these Terms and Conditions and the remainder of these Terms and Conditions will continue to have full force and effect.
3. PRICES
3.1. Prices are exclusive of GST & delivery .
3.2. Prices are exclusive of all other charges except to the extent that they are expressly included in the Price.
3.3. The Supplier may increase the Price by an amount equal to any increase in:
3.3.1. taxes, duties and excises; or
3.3.2. any other costs beyond the control of the Supplier.
3.4. The Supplier will publish any increase in Price of the Goods on the Website and such increased Price will apply to all future orders placed by the Customer.
3.5. The Customer will be deemed to have accepted the increased Price by placing further Orders with the Supplier.
3.6. Any Price increase in accordance with clause 3.4 does not apply to Orders already placed by the Customer prior to publication of the Price increase.
4. PAYMENT
4.1. The Customer will pay for the Goods in accordance with the methods specified on the Website.
4.2. By paying by credit card, the Customer authorises the Supplier to debit their nominated card an amount equivalent to the Price.
4.3. The Customer acknowledges and agrees that a payment in respect of an Order will be cleared by the Supplier before the Goods are dispatched. If payment cannot be processed, the Customer's Order will be rejected.
5. CANCELLATION & REFUNDS
5.1. If a Customer cancels an Order prior to the Supplier incurring any out of pocket expenses, the Customer is entitled to a refund of the Price paid.
5.2. If a Customer cancels an Order prior to dispatch of the Goods to the Customer, the Customer is entitled to a refund of the Price paid less any reasonable out of pocket expenses the Supplier incurs as a result of the cancellation.
5.3. If a Customer cancels an Order after the Goods have been dispatched, the Supplier, in its sole discretion, may refuse to provide a refund of the Price paid unless required to do so pursuant to the ACL or any other Law.
5.4. The Supplier may, without penalty, cancel an Order if:
5.4.1. it believes it will be unable to supply the Goods within a reasonable time or at all due to a Force Majeure Event; or
5.4.2. the Delivery Address is outside the Delivery Radius,
provided that the Customer is refunded the Price paid.
6. COMPLIANCE WITH FOOD STANDARDS
6.1. The Supplier warrants that all Goods meet and comply with the Australia New Zealand Food Standards Code and any other applicable Law in relation to the supply of food.
6.2. The Customer acknowledges that the ingredients in all of the Goods are listed on the Website rather than on the packaging of the Goods.
6.3. The Customer acknowledges that the Supplier is unaware of any allergies or ailments of the Customer.
6.4. By placing an Order, the Customer warrants that the Customer has read the ingredients in the Goods, as published on the Website, and agrees that the Goods are consumed at the Customer’s own risk.
7. RISK & DELIVERY
7.1. The Supplier will deliver the Goods to the Customer provided that the Delivery Address is within the Delivery Radius.
7.2. By placing an order, the Customer warrants that the Delivery Address is within the Delivery Radius.
7.3. If, after an Order is placed, the Supplier becomes aware that the Delivery Address is outside the Delivery Radius, the Supplier may, at its own discretion:
7.3.1. refuse the Order and provide a refund in accordance with clause 5.4.2; or
7.3.2. upon giving notice to the Customer, proceed with the Order and charge an additional delivery fee.
7.4. The Customer acknowledges and agrees that it is the Customer’s responsibility to ensure the Goods are stored in a refrigerated environment after the Goods have been delivered.
7.5. The Customer agrees to ensure an appropriate chiller bag is left out the front of the Delivery Address within which the Supplier will leave the Goods upon delivery. If a chiller bag is not left out the front by the Customer, the Customer agrees that the Supplier will leave the Goods at the Delivery Address in a non-chilled bag.
7.6. Prior to delivery, the Supplier will contact the Customer confirming the proposed time for the delivery of the Goods.
7.7. Any time quoted for delivery is an estimate only and is not guaranteed.
7.8. Risk of loss or damage to the Goods, including Consequential Loss, passes to the Customer upon the Goods being delivered to the Delivery Address.
8. LIMITATION OF LIABILITY
Unless such liability cannot be excluded by virtue of the ACL or any other Law, the Supplier will not be liable in any circumstances for any loss (including Consequential Loss) or damage:
8.1. to any property or person whatsoever arising from the supply, or delay in supply, of the Goods, including but not limited to, loss or damage arising from the Goods being left at a Delivery address that is unattended at the time of delivery where the Customer has requested delivery to that address;
8.2. to any person arising from the failure to supply as a result of the Customer providing an incorrect Delivery Address;
8.3. to any person arising from the Supplier’s inability to supply the Goods;
8.4. to any property or person as a result of the Customer’s failure to comply with clause 7.4 or clause 7.5; or
8.5. to any person as a result of consuming the Goods including, but not limited to, any allergic reaction to the Goods.
9. WARRANTIES
9.1. The Supplier warrants that the Goods comply with the guarantees that apply compulsorily under the ACL.
9.2. To the extent permitted by Law, all guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms and Conditions are expressly excluded.
9.3. If the Customer is a Consumer & the Goods supplied by the Supplier are not goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the Customer agrees that the Supplier's liability for a failure to comply with a consumer guarantee under the ACL in relation to those Goods (other than a guarantee under sections 51, 52 & 53 of the ACL) is limited, at the option of the Supplier, to one or more of the following:
9.3.1. the replacement of the Goods or the supply of equivalent goods; or
9.3.2. the payment of the cost of replacing the Goods or of acquiring equivalent goods.
10. AVAILABILITY OF THE GOODS
10.1. The Website indicates whether the Goods are available for purchase by the Customer.
10.2. If the Supplier is unable to supply the Goods for any reason whatsoever after the Customer has placed an Order, the Supplier will provide a full refund of the Price to the Customer.
11. FORCE MAJEURE
Neither party will be liable for any failure or delay in the performance of their obligations under these Terms and Conditions, except an inability to pay any money when due, where such failure or delay is caused by a Force Majeure Event.
12. VARIATIONS
These Terms and Conditions may be amended by the Supplier from time to time and if the Customer places a further Order for Goods after an amendment has been made, the Customer will be deemed to have accepted these Terms and Conditions, as amended, and they will apply to all future Orders.
13. INTELLECTUAL PROPERTY
All Intellectual Property of the Supplier, including any developed during the supply of the Goods, is the sole property of the Supplier.
14. DISPUTE
A dispute arising under these Terms and Conditions that is not resolved by negotiation will be referred to mediation. The costs of mediation will be borne equally by the parties.
15. WAIVER
A single or partial exercise or waiver of a right relating to these Terms and Conditions will not prevent any other exercise of that right or another right.