Terms and Conditions – Flavours Group
All of our Terms and Conditions are important, and you should read them fully. However, we have highlighted some specific Terms and Conditions below that we want to bring to your attention:
Changes to Terms and Conditions
- Flavours Group may change these Terms and Conditions at any time. However, the Terms and Conditions current as at the time Flavours Group accepts your Order will apply (see clause 1 for more details).
Rejection of your Order
- Flavours Group may cancel your Order for certain reasons and may reject your Order for any reason. If your Order is rejected we will endeavor to provide you with notice of that rejection (see clause 8 for more details).
Liability for loss
- Flavours Group is not liable for any loss or damage caused to your property or suffered by you in connection with a delivery to you or the use of our website (see clause 6 for more details).
- Without limiting your consumer law rights, Flavours Group is not liable to you for any indirect or consequential loss other than where such loss arises as a result of our own negligence or willful misconduct (see clause 6 for more details).
- Flavours Group will not be liable for any damage to products delivered by us from the date and time of delivery, including where such products have been delivered to your nominated transport provider for Remote Delivery (see clauses 5 and 10 for more details).
- Please take care when placing your We accept no liability or responsibility for incorrectly placed Orders.
- You must pay the full cost of your Order if you cancel your Order later than:
- 24 hours of the date of delivery for dry goods; and
- 48 hours of the date of delivery for chilled goods; and
- 9am on the Thursday before delivery for fresh meat and produce (see clause 12 for more details).
- Please take care when supplying your delivery address as refunds will not be given if you enter an address incorrectly (see clause 10 for more details).
- Delivery times vary by if you will not be home, please make an alternative arrangement and leave specific delivery instructions on the checkout page for our drivers to follow.
Full Terms and Conditions
- Please read the following Terms and Conditions carefully before ordering any products from our website (hereafter referred to as an “Order”).
- You agree to be bound by these Terms and Conditions and any policies stated on the Flavours Group website
- We recommend that you read these Terms and Conditions each time that you make an Order because they may change from time to time. The Terms and Conditions current at the time Flavours Group accepts your Order are the Terms and Conditions that will apply
2. About Us
- The website flavoursgroup.com.au (hereafter referred to as “the site”) is operated by Flavours Group Pty Ltd (ABN 85 650 466 603) trading as Flavours Group.
3. Your capacity
- By placing an Order through our site, you warrant that:
- You are at least 18 years of age;
- You are legally capable of entering into binding contracts;
- The person receiving the products at the delivery address is authorised by you to do so; and
- You are purchasing the products for your own consumption and not for resale to a third party or for trade purposes.
- You acknowledge that it is an offence to supply alcohol to a person under the age of 18 years of age.
- You warrant that you are not obtaining alcohol on behalf of a person under the age of 18 years.
- If your Order contains an alcoholic product, then you must be present to accept delivery of that Order and at our request provide us with photographic identification. You must specify at the time of ordering a time within which an appropriate person will be home to accept the delivery.
- If there is no appropriate person at the delivery address to receive the Order containing an alcoholic product, we will not deliver the product. In that instance, we may re-attempt delivery in our next delivery time frame and charge a re- delivery fee of $15.
4. Your use of the site
- You are responsible and liable for any person that uses your LoginID and password to Order products through the site.
- You warrant that all information and data provided to us through the site is true, accurate and complete and up to date;
- You must not:
- Use the site for any activities that breach any laws, infringe a third parties rights or are contrary to any relevant standard or code.
- Use the site in a manner or way to post or transmit any material that could interfere with other users or hinders the operation of the site;
- Make fraudulent purchases or requests;
- Knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the site;
- Modify, adapt, translate or reverse engineer any portion of the site;
- Flavours Group reserves the right to refuse service, terminate your account and remove or edit content without notice to you if we deem that you have acted in breach of these Terms and Conditions or have used the site in a fraudulent or improper manner.
- Flavours Group reserves the right in equity or at law to seek compensation from you for any damages caused as a result of a breach of these Terms and Conditions.
5. Our use of the site
- Unfortunately, no data transmission over the internet is secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of any information which you transmit to us or is transmitted by us to you.
- To the extent permitted by law, we do not represent or warrant that the site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or misdescriptions, omissions, or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
- You must take your own precautions to protect your computer systems.
- We do not accept any responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the site or any linked website.
- You use the site at your own risk.
6. Limitation of liability
- Flavours Group endeavours to take reasonable steps to ensure that the information on the site is as accurate as possible, however, we do not make any representation or warranty of any kind whether express or implied as to the reliability of the information.
- Where the information is provided in good faith, in reliance of information provided by our suppliers, we do not accept any responsibility for any loss arising out of your use of or reliance on information contained on or accessed through our site.
- You acknowledge that the products displayed on the site are not an exact sample and are indicative only and that the products you receive may vary from those displayed according to seasonal availability.
- You should check the labels on any products supplied before consumption or use.
- To the extent permitted by law:
- our total aggregate liability in connection with these Terms and Conditionsis limited, at our option, to:
- In the case of the supply of products:
- replacement or resupply of the products; or
- the cost of replacing or resupplying the products; and
- In the case of the supply of services:
- supplying the relevant services again; or
- the cost of supplying the relevant services again; and
- In the case of the supply of products:
- our total aggregate liability in connection with these Terms and Conditionsis limited, at our option, to:
- In any event, will not exceed the fees paid by you to us under the relevant Order.
- To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the products or services we provide.
- Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
- Our website may contain links to external websites that are not operated by us. These links are provided for your convenience only and you agree that:
- We make no representations or warranties, or have any responsibility or liability for those websites; and
- These links do not indicate expressly or impliedly that we endorse the site or the products or services that are provided at those sites.
- You agree that you access and use the products and services made available at your own risk.
- You must complete the customer registration process through the site before placing an Order.
- You may not have more than one active account and your account is non- transferable.
- After completing the Order process and completing payment on the site you will receive an email from us confirming your Order has been received. Confirmation of your order constitutes an acceptance by us of your Order.
- Each Order that we accept results in a separate binding agreement between you and us for the supply of those products or services.
- You agree that we may charge you for all products that we agree to supply to you.
- Ownership of the product will pass to you at the later of the date and time of:
- Full payment of your Order, including delivery charges; and
- Delivery of the Order to your delivery address.
- Flavours Group reserves the right to accept or reject an Order for any reason, including, but not limited to:
- If the Order is not available; or
- If there is an error in the price or the product description posted on the site or in an Order; or
- If there is a breach of these Terms and Conditions.
- If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.
- If any payment has been taken for an Order cancelled by us we will refund to your original payment method for any products paid for but not supplied.
- Any Order placed through the site for a product is an offer by you to purchase the particular product for the price indicated (including the delivery and other charges and taxes) at the time you place the Order.
- No change to the price applying to the products in your Order will be applied after your Order has been accepted by us.
- The purchase price may not be the same or correspond to the prices in any of our stores or in other sales channels for the same product.
- We will not accept Orders of less than $100 worth of Fresh Meat.
- We do not accept any responsibility or liability for incorrectly placed Orders.
9. Fees and Charges
- You agree to pay the following fees and charges in relation to an Order that you place through the site which is accepted:
- The purchase price of each product that is ordered;
- The delivery fee applicable to your Order as follows:
- Order value of $0.01 to $100.00 = $15 delivery fee;
- Order value of $100.01 to $200.00 = $10 delivery fee;
- Order value of $200.01 or more = free
- You agree that Flavours Group are not required or obligated to match any prices for any products, including matching any prices for a product that is available in our store or in other sales channels.
- We will only deliver products ordered through the site to a location where we provide delivery. You can find out whether a particular product can be delivered to you when you enter the delivery address for your Order.
- Delivery days are specified according to your delivery location. Please refer to our Delivery & Shipping information
- Your Order will be delivered between the hours of 8am and 6pm.
- We will communicate delivery delays via text and email notifications to the contact details provided on the account.
- Orders that contain only dry goods are dispatched the following business day.
- Orders that include chilled goods are dispatched on the next available delivery run within your area.
- Orders of fresh produce are to be pre-ordered by midnight Wednesday for the following week delivery.
- We will deliver your Order to the front door of your nominated delivery address. You must make sure all appropriate arrangements to assist and allow us to deliver the Order, including ensuring safe access and obtaining any prior security or other approvals which may apply to the delivery address.
- If you have specified at check out that someone will be home to receive the Order and no one is home at the time the delivery is made, we will leave the products unattended at the delivery address, or at another spot which we determine is suitable for delivery at the time.
- If you have specified at check out that you do not want the delivery left unattended, but no one is home to receive the delivery when it is made, then we will re-deliver the Order at an additional cost of $15.00.
- Your Order will be delivered in a box, with a chiller bag and gel pack.
- We will not be responsible for any loss or damage caused to your property or suffered to you in connection with our delivery of the Order to the delivery address.
- You are responsible for an Order from the time we deliver the product. We accept no responsibility or liability for any product once the product has been delivered to you.
- If a product you have ordered is not available, where possible, we will replace the product with a similar product of equal or greater value than the product you selected. We will not charge you the price of the substituted product, but will charge you the price of the product you ordered.
- Where a product is substituted, we cannot ensure that the substitute product caters to your specific dietary requirements, including allergies. Please read the labels of any product.
- Where a substitution is not available we will:
- Deduct the value of any item not provided from the full amount we charge you; or
- Provide you with a refund within 7 business days to your original payment method to the value of the product.
12. Cancellation and Amendments to your Order
- You must communicate any cancellation in writing by email to email@example.com
- There will be no cancellation charge to you as long as the cancellation is made no later than:
- 24 hours before delivery for dry goods;
- 48 hours before delivery for chilled goods;
- Before 9am on the Thursday before delivery for fresh meat and
- If you choose to cancel or amend your Order after these times, we will charge you for the original Order.
- Payment for all products and services must be by credit or debit card or any other payment method listed on the online checkout page of our site.
- It is your responsibility to endure that your details are valid and up to date and have sufficient funds available.
- You authorise Flavours Group to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
- If we are unable to successfully process your payment we will do one or more of the following:
- Not deliver your Order;
- Re-attempt payment on the nominated payment method to recover any outstanding amounts;
- If the Order has already been delivered, reserve the right to recover the debt through alternative means, either directly or through a third party; and
- Reserve the right to not accept future Orders if payments are outstanding.
- If there are any products missing from your delivery, or any products are out of date or damaged on delivery, you must contact us on 02 4421 2478 within 30 minutes of receiving your delivery with photographic evidence of the missing, out of date or damaged item.
- If you fail to notify us within 30 minutes of delivery Flavours Group will not accept any responsibility for refunding the missing, out of date or damaged item.
- If you seek a refund for any other reason you can request a refund at firstname.lastname@example.org and we will consider each request at our reasonable discretion. We will notify you of the outcome of our decision within If your refund is approved we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
- Our returns policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law.
- If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
- This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Any rights or remedies you are entitled to under the Australian Consumer Law arise independently of these Terms and Conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
- We may use your contact information to send you newsletters from us and from our related companies.
- You agree that we may send you commercial electronic messages and tailored advertising via various channels and media where you have not opted out.
- You may opt out of the receipt of commercial electronic messages sent by us by using the unsubscribe facility in the footer of any commercial electronic Opting out will not withdraw your consent to receive messages from us about your Orders.
18. Transfer of rights and obligations
- These Terms and Conditions are binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
19. Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in the site, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.
20. Force Majure
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (hereafter referred to as 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, lock-outs 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;
- Epidemic, pandemic or other health emergency (whether declared or not); and
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under these Terms and Conditions 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 these Terms and Conditions may be performed despite the Force Majeure Event.
21. Other matters
- These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
- The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.
- Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
- Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.