Please read these terms and conditions carefully before ordering any Products from our website www.delectablefoodco.com.au (our site). You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
We suggest that you print a copy of these terms and conditions for future reference.
Please click on the button marked [I ACCEPT] at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. About Us
1.1We operate the website www.delectablefoodco.com.au
1.2 We are The Delectable Food Company, ABN 30176297874 of 14b Sea Breeze Place, Boambee East, NSW, 2452.
2. Service Availability
Our site is only intended for use by people resident in Australia. We do not accept orders from individuals outside Australia.
3. Your Status
By placing an order through our site, you warrant that:
3.1 You are legally capable of entering into binding contracts;
3.2 You are at least 18 years old; and
3.3 You are an Australian resident .
4. How the Contract is Formed Between You and Us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Third Party Links
5.1We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6. Availability and Delivery
Your order will be dispatched by the date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 7 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Risk and Title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price and Payment
8.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Product prices do not include GST.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products, and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you as an error.
8.6 Payment for all Products must be by credit or debit card.
8.7 We accept credit or debt card payment with Visa and Mastercard. We will not charge your credit or debit card until we dispatch your order. By electing to make payment using a credit or debt card, you agree that we are not responsible for paying any unauthorised amounts that may be charged to or debited from your credit or debit cards by third parties.
8.8 Payment is appointed to The Delectable Food Company as our billing agent to invoice and collect payment for the goods you are purchasing on our behalf, so you will see their name on your invoice and on your transaction history if you pay by credit or debit card. Please contact our Customer Support Team if you have any questions about invoicing and payment for goods. Upon receiving your order, our billing agent carries out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.
9. Returns Policy
9.1 Returning goods if they are faulty.
Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to have the goods replaced if the goods fail to be of acceptable quality, or you may be entitled, at our discretion, to a refund. If you think that the goods you have received are unsatisfactory, please let us know straight away by contacting us at sales@delectablefoodco.com.au. Please include as many details as possible about the order and the problem with the goods.
10. Warranty
We warrant to you that any Product purchased from us through our site will, on delivery conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11. Our Liability
11.1 Subject to clause 11.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
11.2 Subject to clause 11.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
11.2.1 Loss of income or revenue;
11.2.2 Loss of business;
11.2.3 Loss of profits;
11.2.4 Loss of anticipated savings;
11.2.5 Loss of data; or
11.2.6 Waste of management or office time.
However, this clause 11.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories 11.2.1 to 11.2.6 inclusive of this clause 11.2.
11.3 Subject to clause 11.4, we will not be liable for any loss or damage of any type whatsoever in connection with the death or personal injury of a person that is caused by an anaphylactic or allergic reaction following ingestion or exposure to the Products. You acknowledge that our Products contain or may contain traces of nuts.
11.4 Nothing in this agreement excludes or limits our liability for:
11.4.1 Death or personal injury caused by our negligence;
11.4.2 Fraud or fraudulent misrepresentation;
11.4.3 Defective products under the Competition and Consumer Act 2010; or
11.4.4 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notice
All notices given by you to us must be given to The Delectable Food Company. 14b Sea Breeze Place, Boambee East, NSW, 2452. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of Rights and Obligations
14.1The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events Outside Our Control
15.1 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 (Force Majeure Event).
15.2 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:
15.2.1 Strikes, lock-outs or other industrial action;
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 Impossibility of the use of public or private telecommunications networks; and
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. Waiver
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
17. Severability
If any of these terms and Conditions or any provisions of a Contract 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.
18. Entire Agreement
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18.4 Nothing in this clause limits or excludes any liability for fraud.
19. Our Right to Vary These Terms and Conditions
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Ethical Sourcing Policy
20.1 As a reputable and trusted business committed to offering its customers high quality goods, we recognise our obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment, which protects their employees’ health and safety and basic human rights. All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
(i) Minimum age of employment;
(ii) Freely chosen employment;
(iii) Health and safety;
(iv) Freedom of association and the right to collective bargaining;
(v) No discrimination;
(vi) No harsh or inhumane treatment;
(vii) Working hours;
(viii) Rates of pay; and
(ix) Terms of employment.
20.2 We will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes-complex nature of our suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our goods. However, as we continue to grow we recognise the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of its goods.
21. Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Victoria, Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.