LAST UPDATED: 22.11.2022
About these Terms and Conditions
We recommend that you keep a copy of the Ts and Cs for future reference. We may modify the Ts and Cs at any time by updating and posting them on this Site. By accessing or using this Site, or placing any Order through the Site, you agree to these Ts and Cs. If you do not agree to these Ts and Cs you may not use this site.
These Ts and Cs also apply to the sale of any of our Products via methods other than the Site, including sales by telephone, email or other means, unless otherwise specified in writing.
Eligibility to purchase
In order to make a purchase through the Site, you will be required to register and provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated.
Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide at the time of ordering are both valid and correct and that you are the person referred to in the billing information provided.
We sell and ship Products only within Australia. We will not make deliveries outside of Australia or to parcel lockers within or outside of Australia.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Ts and Cs. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however, we will make every effort to supply the Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation and invoice via email; however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed and security checks, for the purpose of preventing credit card or payment fraud. To the extent permitted by law, we and our affiliates reserve the right to reject all or part of an Order, refuse service, terminate accounts, remove or edit content, refuse to process Orders, or cancel Orders that we have previously accepted in our sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the Products you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
We reserve the right not to accept or reject your Order if:
Subject to applicable laws we will not be liable to you or any third party by reason of our not accepting an Order, withdrawing any merchandise from the Site, removing or editing content on the Site; refusing to process a transaction; or suspending any transaction after processing has begun.
We have made every effort to display as accurately as possible the colours of our Products that appear on our Site. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
We always seek to list Products with the most competitive prices. We are constantly revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for our Products is subject to change. We reserve the right to change prices for Products displayed on the Site at any time before you submit an Order. We otherwise reserve the right to make adjustments due to changing market conditions, currency fluctuations, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. The price of Products shown excludes shipping costs. The shipping cost is shown separately on the Product page but may be recalculated based on how many and what items you place in your shopping cart.
Unless otherwise stated, any accessories shown in any image of products are not included in the price.
Information contained throughout the Site and in our database is believed to be accurate and reliable at the time of publishing. The Site may contain errors, omissions, faults or inaccuracies and may not be complete and current. We reserve the right to make changes and corrections in prices, Products, and specifications without notice. If there is a pricing error on the Site will endeavour to correct as soon as possible. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If your Order is cancelled after you have paid for the Products as a result of any changes made to the price, Products or specifications, you will receive a full refund in the same tender as your original purchase.
Coupons and Discounts
Any coupon codes, including free shipping or discount offers, are valid at the time of Order placement only and must be entered in correctly at the relevant point in the payment process for you to be eligible for the offer promoted by the coupon. Coupon offers will not be valid or honoured on Orders successfully placed if used incorrectly or inappropriately. We reserve the right to cancel any Order relating to a coupon code that we deem to have been used incorrectly or inappropriately.
Coupon codes must not be shared publicly. Sharing codes on a public forum is a breach of our Ts and Cs. It is your responsibility to read specific details about a coupon code, which may outline what it can or cannot be used for; for example, whether it requires a minimum spend or whether it applies to a specific range of Products or is available to a specific group of people only.
The promotions and sales prices that are offered on the Site are available online only. They may not correspond to those in-store. Our stores may operate other promotions and sales concurrently. Promotions are available for a limited time only, for as long as they are advertised on the Site. We reserve the right to extend or withdraw a promotional or sale offer at any time without notice. Promotion codes are not valid to be used in the same Order as other promotion codes. Promotion codes are not valid on gift cards or online gift vouchers. Certain online promotions and offers are subject to additional terms and conditions which will be specified with the offer on the Site (e.g., duration of the promotion or sale, method of calculation of savings etc.). Please read these additional terms and conditions carefully.
Next day dispatch cannot be guaranteed during promotional periods.
Your Data - Use and Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing and delivering your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
Credit Card Fraud
While we employ Secure Sockets Layer (SSL) technology software for our transactions with our customers and take reasonable care to ensure that our Site is secure, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
We will take reasonable care to keep the details of your Order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site unless that access was made possible by our negligence.
Fraud Protection or Prevention Procedures
To help ensure we remain a safe and secure place for customers to transact we may ask you to confirm your identity by confirming information that you’ve provided us is correct. Our process is to contact you either by phone or email with a request to confirm certain information. This may occur when you open your account or when you make an online purchase. In addition, from time to time we may need to ask you for some extra information so that we can adequately identify who you are. This information will only ever be collected for the purposes of confirming your identity. This process is entirely voluntary, however if you do choose not to confirm or provide the information we ask for then unfortunately we may not be able to continue to process your Order. If we need to confirm your identity, we’ll attempt to contact you soon after you have placed your Order. If we can’t confirm your identity within 7 days, we will cancel your Order and process a refund within 24 hours of our last attempt to contact you.
Making orders over the phone may require you to register an account with us and give us and/or send us information. We also reserve the right to require more information not limited to: an authorisation email and/or a digital recording of the transaction, your financial information and/or credit card information and/or any identification and/or proof that you are who you say you are, all at our discretion. By giving us your financial information this shall be considered full authorisation to charge your card for the amount discussed.
Use of this Site
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site, including any online comments, product reviews or posts to this Site.
You may not upload to or in any way amend or deface our Site or allow it or cause it to be used for any purpose that is not lawful and you must abide by all applicable laws, regulations and codes of conduct.
In particular, you must not use our Site in any way to:
If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Ts and Cs, we may deny you access to this Site on a temporary or permanent basis.
If you upload, post or send us certain specific creative ideas, suggestions, proposals, plans, product reviews, comments, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us or upload to or post on our Site. We are and shall be under no obligation to pay compensation for any comments or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. er users, for use on other media or platforms known or developed in the future, such as for use on mobile phones, or in video, music, software or other computer programs.
You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Ts and Cs or any other legal obligation by you or your use of or conduct on our Site.
Social Networking Sites
All comments, images, videos and any other type of material posted on any third-party social networking site do not necessarily reflect our opinions or ideas or that of our employees and we are not responsible for any such content unless it is posted on or originated from our official social media pages.
Third Party Websites
We may include links on this Site to other websites or resources operated by parties other than us. We have not reviewed all of the websites or resources linked to its Site and are not responsible and have no liability whatsoever (directly or indirectly) for the content or accuracy of any of these website pages or resources nor for the availability of such external websites or resources, the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
To the extent permitted by law, we are not liable for any delay in performing any of our obligations under these Ts and Cs if such delay is caused by circumstances beyond our reasonable control , and in such circumstances, we shall be entitled to a reasonable extension of time for the performance of such obligations.
Intellectual Property Rights
Your use of the Site and its contents including any graphics, photographs, music, video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to it including our software and all HTML and other code contained in this Site (IP). All such IP, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the IP only as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of the IP is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the IP for your own personal use. This Site is for your personal, non-commercial use only. You may not use this Site for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Warranties and disclaimers
The Site is provided ‘as-is’ and ‘as available’ without any express or implied warranty.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Site or any data, content, materials and images on the Site (“Site Content”), including but not limited to warranties or representations that they will be true, accurate, complete or up-to-date, that use of them will be uninterrupted or error-free or free from viruses, or that the Site will be secure.
You acknowledge that use of the Site (including the software operating in connection with the Site) may be interfered with by numerous factors outside of our control.
Compensation and Liability
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Ts and Cs by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that to the maximum extent permitted by law, we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase Products from us, except to the extent of our negligence or breach of these Ts and Cs.
To the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) whether in contract, tort (including negligence) breach of statutory duty or otherwise arising out of, or in connection with, your use of the Site and/or any Site Content, or as a result of the inaccessibility of the Site and/or the fact that certain Site Content (including content made available via third parties) is untrue, incorrect, incomplete or not up-to-date.
You acknowledge that if you breach the Ts and Cs and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the Ts and Cs. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the Ts and Cs in any way.
You may not assign any rights and obligations under these Ts and Cs whether in whole or in part without the prior written consent of us. Any unauthorised assignment shall be deemed null and void.
You acknowledge and agree that the Ts and Cs together with all our policies and procedures will be governed by and construed in accordance with the law of Victoria, Australia, and the relevant courts of Australia will have exclusive jurisdiction.
Reading down & severability, inconsistency
If any portion of these Ts and Cs is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the Ts and Cs and the rest of the Ts and Cs will not be affected by the severance. If any portion of these Ts and Cs is inconsistent with any other policies or terms constituting these Ts and Cs, then these Ts and Cs will prevail to the extent of the inconsistency.
The Custom Chef
Personalisations are subject to review. Customisation requests that include hateful or profanity-filled language may be refused and your order cancelled.