The following terms and conditions govern the Service that Premium Gourmet Food offer at the Site, including the services and use of the blog site defined below (“User’s Agreement”).
Please read this User Agreement carefully. When you register with the Service or access or navigate to the Site including the blog site, you will be deemed to have accepted, and will be bound by, the User’s Agreement as amended and varied from time to time by Premium Gourmet Food.
1.1 Terms and Conditions
a) The terms and conditions contained in the User’s Agreement govern what you can and cannot do when using the Service together with our obligations to you.
b) If you breach any of these conditions we may decide not to allow you to use the Service or claim damages or other amount against you.
c) We will act reasonably in our conduct in running the Service and in enforcing this User’s Agreement.
d) Please take time to read these terms and conditions and make sure that you understand them. Please direct any questions you may have to our Customer Service team which can be contacted at email@example.com.
1.2 Amendment to Terms and Conditions
a) We may amend this User’s Agreement from time to time by placing terms and conditions on this Site which are enforceable immediately.
b) You should review this User Agreement from time to time for any amendments and ensure that at all times you are familiar with them as changes may have been made to previous versions of this User Agreement.
c) Your continued use of the Service following any amendment to the User’s Agreement will constitute your acceptance of the new terms and conditions applying to this Service.
1.3 Additional Terms and Conditions
a) You should note that additional conditions governing the Service in your relationship with Premium Gourmet Food are contained in the Site’s webpages and unless those conditions conflict with the terms and conditions within this User Agreement, they will be incorporated into and will form part of this User’s Agreement.
b) In particular, please carefully read all Product Information relating to the product you are purchasing which contains important information relevant to that product.
2. USE OF THE SERVICE
2.1 General Use
a) This Service is provided to you personally and when using this Service you must not resell the Service to another person or make any commercial use out of the Service.
b) If a government agency, department, law enforcement agency or another executive agency informs us that there is information on the Site which is in contravention of any law, industry code, policy or other policy guidelines, we can remove that information from the Site.
c) Without limiting any other remedies available to us, we may suspend or terminate your use of the Service if we become aware or reasonably suspect that you may have engaged in a breach of this User’s Agreement in connection with the Site or any fraudulent activity at all.
2.2 Maintenance of Site Integrity
a) You may not take any action that might interfere with the operation of the Service and must not use any device or software to interfere or attempt to interfere with the proper working of the Site.
b) You are solely responsible for your transmissions through the Service. We reserve the right to determine whether or not your conduct is consistent with the User’s Agreement and we may enforce good practice for the Site where necessary.
c) We may, in our sole discretion while acting reasonably, immediately terminate your account and your use of the Service if your conduct is deemed by us to be inconsistent with the User’s Agreement.
3.1 Requirements for Registration
a) You must be legally able to form binding contracts to use this Service. This means you must not register for the Service if you under 18 years of age, an undischarged bankrupt, or under any type of insolvency, administration or other insolvency event where you are a company.
3.2 Registration Process
a) You must register your details with us to use this Service which will create an account. This account will be your account for use of the Service (“your account”).
b) Registration is free and does not require you to purchase anything from Premium Gourmet Food or the Site.
c) You must not use false or misleading information in registering or using the Service and you must update your details should they have changed from the last time you used the Service. We are not responsible for any loss or damage (including misdirected deliveries or notifications) which may occur because you have not provided us with up to date, accurate or complete information.
d) You must choose a username and password when registering your account. You are responsible for the security of your username and password and we will assume that anyone using your account is authorised by you. Under no circumstances will unauthorised access and use of your account reduce your liability in connection with the Service. This includes your obligation to purchase a product which may result from use of your username and password.
e) You must notify us immediately if you become aware of any unauthorised use of your account or other security breach which we may consider relevant.
f) You permit us to send you notifications by email of the status of any delivery, a copy of your invoice and any other marketing or promotional events and offers. We will refrain from sending you marketing related materials, including special offers, if you tell us you do not wish to receive these communications when you complete your registration online. We may additionally request that you participate in customer feedback from time to time so that we can improve the Service to you.
g) We accept no liability for any loss or damage incurred if you do not receive any notifications by us to you, for whatever reason.
i) You may request that your account be closed by emailing us at firstname.lastname@example.org. Your account will be closed if you have paid everything you owe to us in cleared funds and all transactions have been completed.
3.3 Transmissions to our Website
a) You are solely responsible for transmissions to our Website when using your account or when the Site is accessed by someone using your account.
b) You must ensure that your transmissions:
i. Are true accurate and complete;
ii. Do not infringe any other persons rights or privacy, including without restriction intellectual property rights;
iii. Are not contrary to any applicable law or code of practice;
iv. Are not defamatory, threatening or constitute harassment;
v. Are not false or misleading in anyway;
vi. Are not obscene or objectionable; and
vii. Do not contain any virus, Trojan or other computer program that may damage or interfere any data, personal information or system of Premium Gourmet Food.
c) You must not allow any transmission to be done in relation to the Service which is prohibited by the User’s Agreement.
4. YOUR RIGHTS AND OBLIGATIONS
4.1 Product Information
a) You must carefully read all Product Information in relation to any items you purchase on the Site.
b) It is your responsibility to read the Product Information relating to any item listed for sale on the Site. Do not rely upon the title summary or any photographs of any item solely as a complete description of an item.
c) Premium Gourmet Food seeks out quality products and fine ingredients. Some people are allergic or experience an allergic reaction in relation to certain types of ingredients. It is your obligation to raise any allergies you may have with us prior to purchasing an item.
d) Any description or photograph of any item does not in any way offer any opinion as to the suitability of an item for your needs nor does it replace an assessment of such suitability in your personal circumstances. Please use any photograph or graphical description as a guide only.
e) The terms and conditions set out in this User’s Agreement govern delivery and payment terms. The payment and/or a delivery description may be included in any item description, so please make sure that you understand both the terms of the delivery and payment and your obligations under these additional terms and conditions. You acknowledge that a delivery fee will usually be charged when purchasing an item from the Site.
5. OUR RIGHTS AND OBLIGATIONS
5.1 Suspension of Your Account and Use of the Service
a) We may refuse you the right to access your account and use the Service if you:
i. Do not pay for any item;
ii. Give information which is inaccurate, incomplete or untrue or otherwise you refuse to accept delivery of a purchased item; and/or
iii. Have engaged in any fraudulent conduct on the Site in which circumstance your account will be permanently suspended and your use of the Service barred.
b) In addition to the rights conferred by paragraph 5.1 a) above, we wholly reserve the right to suspend, cancel or terminate your access to the Service or your account if you breach or fail to observe the terms and conditions of the User’s Agreement.
c) We further reserve the right to suspend your account and your access to the Service at our discretion acting reasonably at all times.
d) If we suspend your access to the Service and your account, we may prevent you from registering from the Site again for a new account.
e) We reserve the right to refer any fraudulent conduct by you on the Site in using the Service or in accessing your account or in buying any item to the police and your ISP. You acknowledge that it is illegal to buy products using false details and/or under a false name and credit card and we reserve all of our rights against you if you breach the law in this regard or the terms and conditions of this User Agreement, including without limitation the likelihood that you will be pursued for any losses suffered by any person arising out of any illegal action.
6. LIABILITY AND INDEMNITIES
6.1 Our Liability Generally
a) We do not provide any express or implied warranty or condition concerning the Sites capability or capacity in providing the Site and the Service to you which are provided on an “AS IS” and “AS AVAILABLE” basis.
b) We do not guarantee continuous, secure or uninterrupted access to the Service or your account and you acknowledge that certain aspects of the provision of the Service to you are out of our control. Such factors may cause the operation of the Site to be restricted including where maintenance or other Services to the Site, the Service and your account are required.
c) You acknowledge that the use of the internet can at times be unpredictable and in some cases insecure and that at times our Service to you and your account may not be available and our Site and any transmissions may not be free of error or other harmful components.
d) Links to external websites are provided for your convenience only and are in no way a representation as to their suitability, usability, accuracy, availability or safety nor an endorsement by Premium Gourmet Food of the external website.Premium Gourmet Food will not be liable under any circumstances for any loss or damage suffered by you when visiting an external website through a link on the Site or otherwise including but not limited to loss and damage caused by any virus or other harmful component.
e) In relation to the delivery of the Site, the Service, your account and the sale of any product to you, you acknowledge that neither Premium Gourmet Food, nor its suppliers, will be liable to you for any consequential loss including any lost profit, special, incidental or consequential damages including negligence.
f) Premium Gourmet Food exclude to the maximum extent permitted by law any liability for any loss or damage incurred by you due to an allergic reaction suffered as a result of your use of any item or the use of that item by anyone else.
6.2 Limitation of our Liability – Sale of Goods
a) We will endeavor at all times to ensure that any goods sold to you accurately correspond to any descriptions given in the Product Information and additionally will have a clear title and be available and in stock.
b) Subject to paragraph c) below, to the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Site and the sale of any goods are excluded.
c) However, we acknowledge certain liability pursuant to any warranty or condition, implied or otherwise, cannot be excluded by law. In those circumstances, we limit our liability to the following:
i. The replacement of the goods or the resupply of the Services;
ii. The supply of equivalent goods or the payment of the costs of having the Services supplied to you again; or
iii. Making a full refund to you for any amounts paid by you to us.
a) You shall at all times indemnify and hold harmless Premium Gourmet Food and any of its past, present and future officers, directors, employees and agents from and against all and any claims, damages, liabilities, costs and expenses (including legal costs and expenses) arising out of:
i. Any breach by You of any term or condition of these Terms and Conditions and User Agreement;
ii. Any negligent act or omission by You or any of your officers, directors, employees, agents and sub-contractors in performing or omitting to perform the obligations under these Terms and Conditions and User’s Agreement; and
iii. Any loss or damage suffered by a third party in connection with any act or omission of You or Your officers, directors, employees, agents and sub-contractors in relation to Your choosing to enter into this User’s Agreement or the performance of your obligations pursuant to these Terms and Conditions and User’s Agreement.
6.4 Delivery, Risk and Title
a) Delivery terms are set out on the Product information page and are discussed above.
b) If an item you purchase is to be delivered by Premium Gourmet Food to a place nominated by you, the risk in such item will pass to you:
i. when it is delivered; or
ii. if we are unable to deliver the item to the place nominated by you for any reason, (for example if no one is present to accept delivery), when we or our carrier first attempt to deliver the item.
c) Title in any item will only pass to you when we receive the Invoice Amount in cleared funds. If title has passed, that will not affect our rights to terminate a sale pursuant to this User’s Agreement.
7. SECURITY & PRIVACY
Premium Gourmet Food is fully committed to providing a secure website and shopping environment and to protecting your privacy. In accordance with the Privacy Act 1988 and the December 2001 amendments to the ‘Act’, any personal information collected through premiumgourmetfood.com.au will be handled with the strictest confidence; stored securely and not on-sold or shared with any third party.
Premium Gourmet Food collects personal information at various points of the website navigation. The information collected through this website remains the sole property of premiumgourmetfood.com.au and will not be sold to or shared with any other organisation or third party. Information such as email, and name details will be gathered through your membership registration.
When you register to shop, any personal information provided, such as email and delivery address, phone numbers, birth dates etc, will remain strictly confidential.
Credit Card Information
All monetary transactions are carried out within at least 128 bit strength encryption SSL (Secure Socket Layer) areas. The trusted third party SSL certificate issuer is Geotrust. See http://geotrust.com/ for more information. No credit card numbers are stored onsite. All transactions and credit card information are handled by Commonwealth Bank only. Credit card transactions are processed by a secure payment gateway, which adheres to the Payment Card Industry Data Security Standards (PCI DSS). Encrypted card details are sent with your order to our accounts department to be processed. Your card details are erased from record as soon as your order is processed. This eliminates the risk of your credit card details being captured and used by unauthorised people. Each order is checked, one by one by our accounts department before processing.. This reduces the possibility of credit card fraud. Ecommerce functionality programmed and maintained by eWave. A sophisticated Australian website developer specialising in internet security and watertight website infrastructure. This means that when you order a product from our website, you can rest assured that the highest security checks have been put in place to make sure that your details will not fall into the wrong hands.
Automatically Logged Information
Due to the nature of the internet, there is certain information that is automatically logged when you browse the Premium Gourmet Food website. This information can include your IP address and the browser that you are using, however the information gathered is purely statistical and is solely used to further develop our site , systems and service. The information gathered in this manner is not linked to any personal information collected through membership or purchasing processes.
8. RETURNS POLICY
a) Premium Gourmet Food has a 14 day satisfaction guarantee in relation to items we sell.
b) This means that if you return the item purchased from our Site within 14 days of the date of our invoice (28 days for international customers), provided the item is returned in its original packaging and in its original new condition, we will refund the purchase price in full. Generally we require tags to still be attached to the item and items to be originally sealed.
c) We are under no obligation to refund or exchange an item which does not have tags attached or a broken seal, has been soiled in any way, opened or used.
a) If an item is faulty, we will exchange or provide you with a store credit equal to the purchase amount of that item, provided the item is returned to us within 30 days of the date of our invoice.
b) A return due to a fault is subject to an inspection.
8.3 Costs of
Certain costs may be incurred by you in returning any item to us, including postage or freight costs. We are not liable for those return costs except where a fault has been accepted by us.
9. COPYRIGHT AND INTELLECTUAL PROPERTY
a) The site including all content, text, graphics, icons, images, audio, data, software and any other content contained on this Site is the property of Premium Gourmet Food or its suppliers (unless otherwise stated) and is expressly protected by copyright and trademark laws in Australia and internationally.
b) The compilation of all content on the site is exclusive property of Premium Gourmet Food and protected by copyright laws in Australia and internationally.
c) All software used on this site is the property of Premium Gourmet Food or its software suppliers and is protected by copyright laws in Australia and internationally.
10. GOVERNING LAW
10.1 Applicable Law
a) This User agreement is governed by and will be construed in accordance with the law of New South Wales and both you and Premium Gourmet Food shall be subject to the jurisdiction of the Courts of New South Wales.
11. PURCHASE POLICY
11.1 Shopping Online
In order to make a purchase, you must register with Premium Gourmet Food.
Making a Purchase is as easy as..
Step 1: As you browse the Premium Gourmet Food range you may add items to your shopping bag.
Step 2: Once you have finished shopping, proceed to checkout to finalise your purchases and shipping costs.
Should you require wholesale product for your retail store please contact email@example.com for information.
11.2 Payment Methods
11.3 Transaction Currency
All prices shown by Premium Gourmet Food are in Australian Dollars. All purchase transactions and shipping costs will be calculated and processed in Australian Dollars. If you reside outside of Australia, we suggest you visit www.xe.com for an online currency converter.
12. RETURNS POLICY & PROCEDURE
While we hope you feel happy with in your newly purchased items, we understand that not all purchases work out for the best. If you wish to return or exchange an item, please familiarise yourself with our Return/Exchange Policy below.
12.1 Important Information
Before your purchases are shipped to you, we personally inspect your items to ensure they are in perfect condition. Your items are then carefully packaged to ensure they arrive in the exact same condition. In the event your goods arrive in a damaged or less than perfect condition, please notify us immediately. If goods arrive faulty or damaged, you have every right to return them to Premium Gourmet Food for a full refund. We only offer refunds on faulty or damaged items, so please choose carefully.
12.2 Returns Procedure
You must notify us of your intention to return any item within 7 days of delivery. You can do this by emailing us at firstname.lastname@example.org. Once we receive the returned items, we will inspect them to ensure your return reasons are valid before offering one of the following:
REFUND: We will happily offer refunds for faulty or damaged goods only; provided they have not incurred damage through your own fault. You must adhere to all instructions, otherwise we will not be able to honour a refund if the item has been damaged due to negligence on your part.
EXCHANGE: We will happily exchange the item if it has not been opened, unsealed or used in any way. Items must be returned in their original condition with original seal and packaging for exchange to be considered.
CREDIT NOTE: We will happily offer a credit note if you simply change your mind once you have received your purchases. The above conditions apply.
OUR SUGGESTION: Do not remove item from any original packaging or remove original seals until you are 100% happy with it.
12.3 Costs of Return
Certain costs may be incurred by you in returning any item to us, including postage or freight costs. We are not liable for those return costs except where a fault has been accepted by us.
13. DELIVERY & SHIPPING POLICY
13.1 Delivery & Shipping
Premium Gourmet Food delivers Australia wide for a fee based on the number and weight of items purchased through Australia Post or Couriers Please. The exact shipping cost will be calculated and presented to you at the time of checkout.
We recommend you provide a work address to ensure someone is available to receive the parcel in person, this will ensure safe delivery as, if the parcel is too large for a letterbox they may just take it to your nearest post office or Couriers Please depot. If using a work address please be sure to include the business name. If your parcel has not been received within 4 working days please contact us (email@example.com) with your full name and order number so we can give you the tracking number. In most cases your parcels sent by Australia Post will be at your local post office waiting for you to pick it up. For Couriers Please in most cases your parcels would be waiting for you at the nearest POP Stations or POP Shops.
Due to the nature of our products Premium Gourmet Food cannot deliver to PO Boxes or international destinations.
13.2 Delivery Time
Delivery time with Australia Post or Couriers Please can vary between 3-5 working days.
14. CONTACT DETAILS
You are welcome to contact Premium Gourmet Food at any time by any of the following methods:
Premium Gourmet Food
P +61 1300 168 428
F +61 (02) 9417 5528
Unit 4-6, Block S, Regents Park Estate, 391 Park Road, Regents Park NSW 2143, Australia