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By clicking the ‘I accept’ button or submitting the Order, the Customer agrees that they have read, understood and will be bound by these Terms.
1. Meaning of words
In these Terms and Conditions, the words below have the following meanings:
Agreement has the meaning provided to it in clause 2.2.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Company means Goldelucks Pty Ltd (ACN 602 615 323).
Consequential Loss means loss beyond the normal measure of damages and includes indirect loss, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunities.
Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.
Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.
Customer means the entity or person requesting that Goods be supplied to it by the Company.
Delivery Fee means the delivery fee set out in the Order or notified to the Customer at checkout via the Website (as may be applicable from time to time).
Goods means the baked food products, cards, balloons, chocolate or any other product specified in the Order which are to be supplied by the Company to the Customer under the Agreement.
Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world, including but not limited to the rights comprised in any patent, copyright, design, trade mark, eligible layout or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those or like rights and rights to protect trade secrets and know how, throughout the world for the full period of the rights and all renewals and extensions.
Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.
Order means the order submitted through the website located at www.goldelucks.com.au by the Customer to the Company for the Company to supply the Goods.
Privacy Act means the Privacy Act 1988 (Cth).
Terms means these Terms and Conditions.
Website means the Company’s website located at www.goldelucks.com.au.
2.1 The Customer acknowledges and agrees that by submitting the Order the Customer has made an irrevocable offer to the Company for the Company to supply it with the Goods on the terms of these Terms and the Order (Offer).
2.2 An agreement will be formed between the Company and the Customer in respect of the Offer upon the earlier of the Company notifying the Customer that it accepts the Customer’s Offer or accepting payment from the Customer for any Goods the subject of the Offer (Agreement).
2.3 The Agreement formed under clause 2 will comprise these Terms, the Order and the Invoice.
2.4 The Company is not bound to accept any Offer and may choose to not accept any Offer in the sole discretion of the Company.
3. Price and payment
3.1. The price the Customer must pay for the Goods under the Agreement will be:
(a) the price for the Goods specified in the Order; and
(b) the Delivery Fee (to the extent relevant under the Order or as otherwise notified to the Customer) (Purchase Price).
3.2. The Company may invoice the Customer for the Purchase Price at any time following formation of the Agreement (Invoice).
3.3. The Customer must pay for all Goods in full at the time the Customer places an Order. Payment must be made by the Customer using the payment methods as accepted by the Company at checkout via the Company’s Website.
3.4 If the Customer pays by credit card, a credit card service fee may be payable. The Customer will be notified of the relevant credit card service fee prior to the Customer’s payment being processed.
4. Delivery of Goods
4.1. The Company will deliver the Goods to the Customer in the manner:
(a) determined by the Company; or
(b) as otherwise agreed in writing between the Company and the Customer (including collection by the Customer).
4.2. The following general terms apply in respect of deliveries:
(a) if the Customer requires a delivery to occur the following day after submitting an Order, the relevant Order must be submitted and accepted before 7pm AEST the previous day, or if same day delivery is required, the relevant Order must be submitted before 12pm AEST (only for orders within metropolitan Melbourne);
(b) the Company’s standard delivery timeframes are overnight for Australian metropolitan cities, and 1-3 business days for regional cities (provided all delivery partners are operating on time) and we aim to have deliveries completed between 9.00am to 6.00pm on the relevant delivery day;
(c) except as stated above for metropolitan Melbourne, same day deliveries cannot be requested through the Website and must be arranged by calling the Company;
(d) the Customer must include sufficient detail for the delivery address, including where the delivery destination may be shared with others or is not a private residence (such as a school, hospital, apartment etc);
(e) the Company does not deliver to PO Boxes, Police Stations, Universities, Airports and some Government/Military Bases;
(f) if the Customer considers any additional details are required for the Order, they must contact the Company by email at least 24 hours before dispatch time;
(g) the Company (or its delivery partner) may contact you via phone or email to enable completion of the delivery;
(h) the Company will use all reasonable efforts to contact the Customer to attempt delivery and will leave the Goods in a safe place at the delivery premises (as far as practical) if the Customer cannot be contacted, subject to clause 3.
4.3. If the Customer cannot be contacted the Company may choose not to deliver the Goods and dispose of the Goods in its discretion without any liability to the Customer. The Company is not responsible for any loss or damage to the Goods or the property at which the Goods are left because of the Customer being uncontactable.
4.4. The Company will remake the same dessert box (being the same as the relevant Order) at a 50% discount of the full purchase price of the Order if the Customer elects to do so within 3 business days of the date of any failed delivery of the Goods due to the Customer being uncontactable and accordingly the Goods being disposed of by the Company.
4.5. The Company will endeavour, but is not obliged, to deliver the Goods in a timely manner.
4.6. In the event of the Customer returning or failing to accept any delivery of the Goods, the Company shall be entitled to payment for those Goods and to treat the obligation to supply the remainder of the Goods (if any) as cancelled by the Customer.
4.7. The Company will use its reasonable endeavours to deliver the Goods on any date specified or estimated by the Company or set out in the Order, however, such dates are estimates only and the Company will not, in any circumstances or for any reason be liable for late or part delivery of the Goods and later delivery of Goods does not entitle the Customer to cancel any order for the Goods.
4.8. There must be a representative of the Customer present at the delivery location at the time delivery is made of the Goods and, if no such representative is present, a redelivery fee may be charged by the Company.
5. Return of Goods, refunds, and cancellation of Orders
5.1. Subject to any applicable provisions of the Australian Consumer Law and clause 7, the Customer may not return any Goods delivered, including on the basis that the Goods are a perishable food item.
5.2. The Customer may cancel an Order in accordance with the Company’s cancellation policy set out on the Website, including that any such cancellation must be at least 24 hours before the relevant dispatch time for that Order. A customer may not cancel any Order that has been dispatched for delivery. An Order cancellation may attract certain reasonable fees and charges in accordance with the Company’s cancellation policy.
5.3. The Company will only provide refunds to the extent required under the Australian Consumer Law and in accordance with its refund policy stated on its Website from time to time – including that refunds will only be provided to the person who placed the Order (not any third party recipient of the Goods).
6. Title and risk of Goods
6.1. Title to, and property in, any Goods supplied under the Agreement remain with the Company and will only pass to the Customer once all money owing by the Customer to the Company in respect of the Agreement or any other agreement or arrangement between the Customer and the Company has been paid in full.
6.2. Risk in the Goods passes to the Customer upon the earlier of the time the Goods are collected by the Customer from the Company’s premises (or that of the Company’s supplier) or delivered to the Customer.
7. Warranties and liability
7.1. If the Customer is a Consumer and the Company supplies Goods to the Customer that are of a kind ordinarily acquired for personal, domestic or household use or consumption (Relevant Goods), the Company acknowledges that the Customer may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the Relevant Goods supplied by the Company and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of any such rights.
7.2. If the Customer is a Consumer and any goods supplied by the Company to the Customer are not Relevant Goods, the Company’s liability to the Customer in connection with any breach of the Consumer Guarantees in respect of those non Relevant Goods is limited (at the Company’s discretion) to the cost of the Company resupplying those non Relevant Goods or payment of the cost of having the non Relevant Good supplied again.
7.3. If the Customer makes a claim against the Company which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee, the Company expressly excludes all liability in respect of the Goods supplied by the Company to the Customer.
7.4. Subject to this clause 7, the aggregate liability of the Company to the Customer arising out of or in connection with the Agreement will in no event exceed an amount equal to the amount of the Purchase Price received by the Company under the Agreement.
8. Intellectual Property Rights
The parties acknowledge and agree that nothing in these Terms shall be construed as a transfer from the Company to the Customer of the ownership of, or title to, any of the Intellectual Property Rights in the Goods, or any other Intellectual Property Rights owned by or licensed to the Company and the Customer agrees that it must not infringe or use the Intellectual Property Rights of the Company.
The Customer indemnifies the Company and holds the Company harmless from and against all Losses (including all legal costs, and any other associated fees and costs) for which the Company incurs as a direct result of:
(a) any breach of the Agreement by the Customer; and
(b) any negligent or wilful act or omission by the Customer, the Customer’s employees, agents, servants, contractors or others for whom the Customer is legally responsible.
10. No representations
The Customer acknowledges and agrees that it has not relied on any representations or statements made to it by the Company regarding the supply of the Goods and it has satisfied itself that the Goods are fit for the purpose it requires them for.
11.1. The Company complies with its privacy obligations to the extent required by law.
11.2 The Customer acknowledges and agrees that personal information (as that term is defined in the Privacy Act) regarding the Customer if the Customer is an individual, or the employees, contractors, officers and agents of the Customer if the Customer is an organisation, may be collected, held, used and disclosed by the Company in accordance with the Privacy Act.
11.3. The Customer acknowledges and agrees that where personal information is collected in relation to an Order, that personal information will be collected, held, used and disclosed by the Company’s payment provider, subject to that payment providers’ terms and conditions and privacy policies.
All amounts payable by the Customer in connection with the Agreement are inclusive of GST.
13.1. Without limiting the Company’s other rights under these Terms, the Company may terminate the Agreement with immediate effect by written notice to the Customer if the Customer has breached any term of the Agreement.
13.2. Each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.
14.1. By making an Offer, the Customer warrants and represents to the Company that it has read and understood these Terms prior to making the Offer and agrees to be bound by them in full.
14.2. The Company’s price lists and product range may be changed by the Company at any time without notice.
These Terms shall prevail over any Customer terms and conditions, except to the extent specifically agreed by the Company in writing and any terms or conditions included in the Order or other document provided or issued by the Customer will only be binding on the Company if agreed by the Company in writing.
16.1. The Company may cancel or suspend the Agreement effective immediately upon providing the Customer with written notice of cancellation or suspension where the Company believes (for any reason) that it will be unable to supply the relevant Goods to the Customer, provided that if the Company cancels the Agreement under this clause it will refund to the Customer any amounts already paid by the Customer for the Goods subject to the cancellation and which are not provided to the Customer.
16.2. Neither the Agreement nor any Offer that has been submitted can be cancelled by the Customer except with the prior written consent of the Company, or otherwise in accordance with these Terms.
17.1. In these Terms:
(a) the singular includes the plural and vice versa;
(b) a reference to a document or legislation includes a reference to that document or legislation as varied, amended, novated or replaced from time to time;
(c) headings are inserted for convenience and do not affect the interpretation of these Terms;
(d) no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms; and
(e) unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.
17.2. The Company may, to the extent permitted by law, assign, subcontract or deal with any of its rights or obligations under these Terms at any time and without any requirement to notify the Customer.
17.3. The Company may, to the extent permitted by law, vary these Terms from time to time with the variation becoming effective as soon as the Company provides the Customer notice of the variation, including via the Website or email to the Customer.
17.4. A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future. Waiver of any of these Terms must be in writing and is only effective to the extent set out in that written waiver.
17.5. If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
17.6. These Terms and the accepted Agreement constitute the entire agreement between the Customer and the Company in respect of the supply of the relevant Goods the subject of the Agreement and supersede all previous communications, representations, understandings or agreements.
17.7. These Terms are governed by the laws in force in Victoria, and the Customer and the Company submit to the non-exclusive jurisdiction of the courts of Victoria.
17.8. The provisions of clauses 6, 9, 12, 14, 11, 13, and 15 of these Terms survive the expiry or termination of the Agreement.17.9. Each party must: